Press and periodicals Bill 2023

Context: Seeking to repeal the Press and Registration of Books Act, 1867, the Bill contains a unique provision disallowing persons convicted of terrorist acts or unlawful activities, or those who have acted against state security, from publishing periodicals.

Background:

Key features of Press and Registration of Books Act, 1867

• The Press and Registration of Books (PRB) Act 1867 is responsible for overseeing the printing and publishing industry in India, a regulation enacted during the British colonial era that remains in effect with minor modifications.
• With the primary goal of governing the printing and publication of books, newspapers, and magazines, the PRB Act also focuses on preserving copies of these publications and facilitating their registration.
• This legislation plays a crucial role in regulating printing presses and newspapers across India, establishing rules and guidelines to ensure responsible journalism and prevent misuse.
• An essential provision of the PRB Act mandates the registration of all books and newspapers printed in India, requiring publishers to submit copies to relevant authorities for preservation and record-keeping.
• The Act employs a broad definition of the term "book," encompassing not only traditional books but also pamphlets, music sheets, maps, charts, and similar materials.
• Notably, the PRB Act does not cover electronic media, concentrating its regulatory scope on the print media sector and excluding digital news platforms and electronic publications.
• According to the Act, only the District Magistrate (DM) holds the authority to cancel the declaration of a periodical, while the Press Registrar General (PRG) lacks the power to suo motu cancel or suspend the Certificate of Registration it grants.
• The legislation deems an improper declaration of information as a punishable offence, carrying the potential for a prison term of up to 6 months.

Why was this Bill brought in?

•  Firstly, it aims to facilitate "ease of doing business."
• Secondly, the bill targets the elimination of "unnecessary procedural obstacles" faced by publishers.
• Lastly, it aims to relieve publishers and printing press owners from the obligation of submitting a declaration to the District Magistrate (DM) and filing revised declarations with every change in particulars.

Key Features of the Press and Registration of Periodicals (PRP) Bill 2023:

Simplified Registration Process: The bill streamlines the registration process for periodicals by introducing a one-time registration with the Press Registrar General (PRG). This eliminates the need for annual statements and declarations before the District Magistrate (DM).

Inclusion of Digital News Platforms: Unlike the previous act, the new bill extends the registration requirement to digital news platforms. These platforms are now obligated to undergo a one-time registration with the PRG within six months of the act's commencement.

Enhanced Powers for PRG:The PRP Bill grants additional powers to the Press Registrar General. The PRG is now empowered to suspend or cancel the registration of a periodical if it violates any provision of the act or any other legal requirements.

Restrictions on Individuals with Criminal Convictions:Individuals convicted of terrorist acts, unlawful activities, or actions against the security of the state are prohibited from publishing a periodical. The PRG has the authority to refuse registration or cancel the registration of such individuals.

Reduced Punishment for Violations: The bill reduces the punishment for publishing a periodical without a certificate of registration or continuing publication after the suspension or cancellation of registration. The previous act allowed imprisonment of up to six months and a fine, whereas the new bill mandates imprisonment only if the publisher fails to comply within six months of receiving a direction from the PRG.

Establishment of Appellate Authority:Introducing an appellate mechanism, the Press and Registration Appellate Board is created to hear appeals against decisions made by the PRG. The board consists of the chairperson and two members of the Press Council of India (PCI), a statutory body overseeing media ethics and standards. These provisions collectively signify a shift towards a more efficient and comprehensive regulatory framework for periodicals, accommodating the evolving landscape of media, including digital platforms, while strengthening the oversight and enforcement capabilities of regulatory authorities.

How is this Bill different from the 1867 Act?

Exclusion of Books: The 1867 Act was initially established to regulate printing presses and newspapers, emphasizing the preservation and registration of books and newspapers printed in India.Contrary to its original scope, the 2023 Bill removes books from the Act's jurisdiction, now falling under the purview of the HRD Ministry.

Penal Reforms:

• A key feature of the 2023 Bill is the move toward decriminalization, substituting imprisonment penalties with fines. The penalties are notably replaced by a new appellate mechanism headed by the Chairman of the Press Council of India, known as the Press and Registration Appellate Board.
• The 1867 law included imprisonment for offenses such as operating an undeclared press or making false statements. The new law replaces most penal provisions with fines, except for Section 14(4), retaining the option of six-month imprisonment for specific violations.
• The upper limit of fines has undergone a substantial hike, rising from Rs 2,000 to Rs 5 lakh, reflecting a significant shift in the financial consequences of violations.

Empowerment of Press Registrar General (PRG):

• A pivotal change introduced by the new Bill is the transfer of power from the District Magistrate (DM) to the Press Registrar General (PRG). Unlike the limited powers of the "Press Registrar" in the 1867 Act, the PRG under the new law enjoys expanded functions and authority.
• Sections 5 and 6 of the Bill outline the functions and powers of the PRG, encompassing responsibilities such as issuing certificates of registration to periodicals, maintaining records, collecting fees, and managing funds allocated by the Centre for effective Act implementation.
• Under the 1867 Act, a declaration specifying the printer or publisher had to be submitted to the District Magistrate (DM), who then forwarded it to the Press Registrar for the issuance of a registration certificate.

Process of declaration and registration

• The process was considered time-consuming and burdensome, leading to the introduction of a new Bill.
• In the updated process, publishers are no longer required to file a declaration with the DM or local authorities. Instead, printing presses can provide an online "intimation."
• The Bill allows simultaneous processing of title allotment and registration applications, eliminating the need for separate applications from publishers and printers.
• When a registration application is submitted, a "specified authority" must provide its no-objection or comments within 60 days. The final decision on the grant of registration is made by the Press Registrar General (PRG).
• Notably, the requirement for the specified authority's no-objection has been removed for the registration of government-published periodicals.

UAPA provision

• Restriction on publishing periodicals: The UAPA provision in Section 4 prohibits individuals convicted of specific offenses from publishing periodicals.
• Offenses that trigger restriction: -
  •  
  • Terrorist act: Defined as an act with the intent to threaten India's unity, integrity, security, economic security, or sovereignty, or to strike terror among people. –
  • Unlawful activity: Refers to actions supporting claims for secession, separatism, disruption of sovereignty or integrity, and other activities deemed unlawful under the UAPA.
  • Acting against state security: Engaging in actions that compromise national security.
• Basis for definitions: The terms "terrorist act" and "unlawful activity" carry the same meanings as defined in clauses (k) and (o) of Section 2(1) of the UAPA, 1967.

Setbacks faced by the press

Censorship under Lord Wellesley (1799):

• Enacted due to French invasion fears, imposing strict wartime press controls, including pre-censorship.
• Relaxed later by Lord Hastings in 1818, removing pre-censorship.
• Licensing Regulations Instituted penalties for starting or operating a press without a license, later extended to cover various publications.

Press Act of 1835 (Metcalfe Act):

• Repealed the restrictive 1823 ordinance, earning Metcalfe the title "Liberator of the Indian press."
• Mandated precise declarations by printers/publishers about their premises and allowed cessation as required.

Licensing Act during the 1857 Revolt:

• Imposed further licensing restrictions due to the 1857 emergency.
• Augmented existing registration procedures, granting the government power to halt the circulation of any printed material.

Vernacular Press Act, 1878:

• Designed to regulate the vernacular press, suppress seditious writing, and prevent discord among different communities.
• Required printers and publishers of vernacular newspapers to sign a bond refraining from disseminating anti-government or divisive content.

Newspaper (Incitement to Offences) Act, 1908:

• Empowered magistrates to seize press properties publishing objectionable content inciting violence or murder.
• Bal Gangadhar Tilak, a militant nationalist leader, faced sedition charges and was transported to Mandalay, sparking widespread protests and strikes.

Indian Press Act, 1910:

• Local governments could demand security at registration, penalize offending newspapers, and require free copies for scrutiny.

Press Council of India (PCI):

Establishment and Legal Basis: The PCI was established under the PCI Act of 1978, providing the legal framework for its formation and functioning.

Objective and Aim: The primary aim of the PCI is to safeguard the freedom of the press and enhance the standards of newspapers and news agencies operating in India.

Composition:

The PCI is composed of a chairman and 28 additional members, ensuring a diverse representation.

Chairman Selection Process:

The Chairman is appointed through a collaborative process involving the Speaker of the Lok Sabha, the Chairman of the Rajya Sabha, and a member elected by the PCI.

Functions and Responsibilities:

The PCI serves several key functions to uphold its objectives, including:

• Assisting newspapers in maintaining their editorial independence.
• Formulating a comprehensive code of conduct for journalists and news agencies to adhere to.
• Contributing to the maintenance of high standards of public taste within the media.
• Promoting a sense of responsibility among citizens regarding media consumption.
• Regularly reviewing developments that may impede the free flow of news.
  The PRP Bill of 2023 aims to enhance transparency and accountability within the media industry, ensuring adherence to various laws concerning national security, public order, defamation, and more. Nonetheless, certain skeptics have expressed apprehensions regarding the potential for the PRG to misuse its authority, raising questions about its impact on media freedom and diversity.