Media Acts:

Unit IV- Official Secrets Act- Working Journalists Act of 1955, - The Press and Registration of Books.

Unit V- Press Council of India, - Press Commissions of India.

Prashanth V

UNIT IV and V

ActivityWhat is a Newspaper ?

To start a Newspaper what are the proceedings.

As a Employee what all you demand from a organisation.

List out and Justify

Newspaper• Newspaper means any material or document other than a book

on which the words are written or printed.• A paper printed daily or weekly.• According to the Press and registration of book act, 1867,

newspaper means any printed periodical work containing public news or comments on public news.

– Newspaper is classified into three categories such as BIG, MEDIUM and SMALL

– Acc to Press council act, 1978 – • Big newspaper exceeds 50,000 copies for each issue• Medium exceeds 15,000 copies for each edition• Small newspaper exceeds copies for each issue

• Newsletter – Is periodically issued to members of a group or organisation.

• Ex: Acharya Samachar

• Editor– Who edits the newspaper or manuscript for publication . Press reg act- 1867, editor means who control the selection of the matter published in a newspaper.

• Editorial– the matter or news in a newspaper written by an editor or belonging to editors. Opinion expressed by the newsorganisation

• Edition– Newspaper containing the same matter; printed during one press run. In other words, the number of copies of a newspaper printed at a time.

The Press and Registration of Books - 1867

• Publication of Newspaper– Should be accordance with the rules laid down for the

purpose. The press and Registration of book act lays down following rules.• Without prejudice to the provision of section 3, every copy of

every newspaper shall contain name of the owner, editor, date, publication, printer of the paper.

• Under rule (2) Title of the newspaper, the language in which it is published , periodicity may be prescribed.

• When there is a change in the ownership , publisher, printing place there shall be new declaration. (with in 24hours)

Press Registrar

• There is a Registrar of newspaper for India called a Press Registrar, central government appoints the press registrar under the act of 1867.

• Every Publisher of the Newspaper has:– To furnish an annual statement in respect of the newspaper

with prescribed particulars• He can access to any relevant record of the newspaper in the

possession of the publisher.• The press Registrar is a Public servant• The Publisher need to submit annual record of the paper to Registrar• In return a summary would be submitted to govt. and public.

Register of Newspaper

• The press registrar maintains a separate register called the register of newspaper. It contains the following particulars about every newspaper published in India.– The Title of the Newspaper– Language– Periodicity– Editor, Printer and Publisher– Place of printing– Average Pages– Average Number of Copies– Retail selling Price per copy– Name and address of the owner– Any other information, which may be prescribed.

Working Journalists Act of 1955• This act has been passed to regulate certain conditions of service of working

journalist and other persons employed in the newspaper establishment.

• Working Journalist means: A person whose principle avocation is that of a journalist and who is employed as such, either whole-time or part-time, in, relation to, one or more newspaper establishments, and includes an editor, a leader-writer, news-editor, sub-editor, feature writer, copy tester, correspondent, cartoonist, photographer, and proof-reader .

• And also any person : • I) is employed mainly in a managerial or administrative capacity, or • II) being employed in supervisory capacity, performs, either by the nature of

the duties attached to his officer or by reason of the powers vested in him functions mainly of a managerial nature.

Cont…

• Industrial disputes: (Act 14 of 1947)– In relation to the retrenchment of a workman, the

notice period should be given.• Six months in case of a editor• Three months in case of a working journalist- Wages and Compensation on retrenchment- Gratuity on his retirement or in case of death

Cont…

• Hours of Working– Every Journalist should be allowed rest for the period

of 44 consecutive hours between 10pm to 6pm.– Working Journalist shall be or required to work in an

establishment minimum 144hours.– Every Journalist shall be entitled to leave of the

following categories • Earned leave on full wages for not less than 1/11th of the

period spent on duty.• Medical certificates on one half of the wages for not less

than 1/18th of the period of service.

Cont…

• Fixation or Revision of wages– Fix rates of wages in respect of working journalist– Revise from time to time – Central government may fix and revise rates of

wages or revise in respect of working journalist for time work and piece work.

OFFICIAL SECRETS ACT, 1923:

• The official secret act was enacted to consolidate and amend the law relating to official secrets.

• The act prohibits obtaining, collecting, recording or publication of secret government documents or photographs, sketches, plans, models, etc.

• The Act prevents Journalist from Publishing Inside Information about the GOVERNMENT.

OFFICIAL SECRETS ACT, 1923:

• Any Information which affects the – Sovereignty and Integrity of India,– Security of the state– Friendly relations with foreign states

Is Punishable offence

OFFICIAL SECRETS ACT, 1923:

• Wilfully communicates the code or password, sketch, model etc., other than who is authorised to communicate it, or a court of justice or a person to whom it is, in the interest of the state, his duty to communicate it;

• Uses the information in the possession for the benefit of any foreign power or in any other manner prejudicial to the safety of the state;

• A person guilty of an offence under this section shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.

SummaryOFFICIAL SECRETS ACT, 1923:

• This is an act, which consolidates the law relating to official secrets, and deals with offences like spying and wrongful communication of secret information.

• Section 3 of the Act makes it an offence if any person for any purpose prejudiced to the public safety and the interests of the state:– o Approaches, inspects, passes over or is in the vicinity of or enters any prohibited place,– o Makes any sketch, plan, model or note which is calculated to be or-might be or is intended to

be directly or indirectly useful to an enemy, or– o Obtains, collects, records or publishes or communicates to any person such sketch, etc.

• In a prosecution for an offence punishable under Section 3(1) of the Act, with imprisonment for a

• term which may extend to 14 years.

THE PRESS AND REGISTRATION OF BOOKS ACT, 1867:

• This Act was enacted with a view to evaluating the present position of books, newspapers, and magazines in the country at any given time.

• The most important aspect of this Act is that every copy of a newspaper shall contain the names of the owner, publisher, and editor printed clearly on all the copies.

• The printer of every newspaper is required to deliver to the State Government free of expense two copies of each issue of the newspaper as soon as it is published.

• Failure to do so is treated as an offence.

PRESS COUNCIL OF INDIA ACT, 1965:

• The role of the press in a democracy is that of a watchdog for the interest of the people.

• If this powerful dog is not reasonably restrained and disciplined. It might run berserk to bite the people, whom it is supposed to serve.

• The abuse of the press freedom by a few delinquents tends to undermine the credibility and confidence of the press.

• Now the major problem is how to curb or deal with this evil ?

PRESS COUNCIL OF INDIA ACT, 1965:

• Mahatma Gandhi’s ViewThe whole problem, with its parameters and a key to its solution was pithily put in a nutshell by Gandhi – who was an eminent journalist in his own right, in his words, - “The sole aim of journalism should be service. The newspaper press is a great power, but just as unchained torrent of waste submerges the whole countryside and devastates crops, even so an uncontrolled pen serves but to destroy.”

PRESS COUNCIL OF INDIA ACT, 1965:• The Press Council of India, according to the preamble to the Press Council of

India Act, is established:

• "For protecting the freedom of the press and maintaining and improving the standards of both newspapers and news agencies”

• M.V. Kamath once pointed out that it is important to remember that the Press Council of India is not a Court of Law. It is a Court of Honour. Its verdicts are not judicial pronouncements.

• Therefore, there is no question of punishment imposed on an offending journalist or newspaper. By that same token the Council cannot award damages to the aggrieved party.

• As justice Mudholkar put it, "The only weapon in the armoury of the Press Council of India is moral authority”. The sole strength of the Council lies in its appeal to conscience.

Press council of India• On the recommendation of the First press commission, the

Indian press council act, 1965 was enacted, and under it, the first council was set up in 1966, was enacted, and under it, the first press council was set up in 1966.

• The act was, however, repealed in 1975 during the emergency, and the press council was abolished.

• The Act was re-enacted substantially on the same terms, in 1978, and the press council was re-established under it, in 1979.

• The council is a body corporate having perpetual succession and a common seal and shall by the said name sue and be sued.

Objectives of the press council

• The twin objects of the press council of India are embodied in the press council act, 1978.

• Section 13 of the act of 1978 states that the objects of the press council are to preserve the freedom of the press

• And secondly to maintain and improve the standard of newspapers and the news agencies in india.

Composition of the council• The council shall consist of a chairman and twenty-eight other members.

• The chairman shall be a person nominated by a committee consisting of a chairman of the council of states, speaker .

• 13members nominated in accordance with such procedure as may be prescribed from working journalist and than editors.

• Six shall be nominated from management of newspapers.

• One from news agency

• Five shall be from members of parliament

• Rest shall be persons having special knowledge from education , science, law and literature

Functions of the council• To help newspaper and news agencies to maintain their independence.

• To build up code of conduct for newspapers and journalist with professional standard.

• To maintain the standard of newspaper and foster the rights and responsibility of citizenship.

• To keep under review any development likely to restrict the supply and dissemination of news of public interest and importance.

• To promote a proper functional relationship among all classes of person engaged in production and publication of newspaper

• The council also entertain the deal with compliant against o by the press.

Powers of the council

• The press council is vested with certain powers of CIVIL COURT.– Holding any enquiry under the press council act,

1978, the council shall suit under the code of civil procedure• Summoning and enforcing the attendance of persons

and examining them on oath.• Requiring the discovery and inspection of documents.• Receiving the evidence of affidavits.• Inspection of documents• Commission of examination of witnesses or documents

and more.

Formulation of code of conduct for Journalist, if Feasible the council admires

• The ten international principles of professional ethics in journalism are:– People’s right to true information– The Journalist Dedication to objective and reality– The Journalist social responsibility– The Journalist Professional Integrity– Public access and Participation– Respect of Privacy and Human Dignity– Respect of Public Interest– Respect of Universal Values and Diversity of Culture– Elimination of War and Other Great Evils confronting Humanity– Promotion of New World Information and Communication Order

The first Press Commission• The first Press Commission was formed under the Chairmanship of Justice J. S.

Rajadhyakhsa on 23rd September 1952 by the Ministry of Information and Broadcasting to inquire into the state of the Press in India.

• Some of the other members of the 11-member working group were Dr. C.P. Ramaswamy Aiyer, Acharya Narendra Deo, Dr. Zakir Hussain, and Dr. V.K.V. Rao. It was asked to look into factors, which influence the establishment and maintenance of high standards of journalism in India.

• The Commission inquired into the control, management and ownership, the financial structure as well as other important aspects of the newspaper industry in the country. The Commission, after a careful and detailed study, concluded that there should be indigenisation of both capital and the staff especially at the higher levels and it was highly desirable that proprietorial interests in daily and weekly newspapers should vest predominantly in Indian hands.

Cont…• After considering the recommendations of the Press Commission and the Note

submitted by the Ministry of Information & Broadcasting, Government of India, the Union Cabinet adopted a Resolution on 13 September, 1955, which became the basic policy document in regard to the Press in India.

• The resolution is as follows:-– “The Cabinet considered the Ministry of Information & Broadcasting’s note dated May 4,

1955, and was of the view that so far as the ownership of newspapers and periodicals by nationals of other countries was concerned, the problem was not a very serious one as there were only a few such newspapers and periodicals.

– The Cabinet, therefore, felt that no action needs to be taken in regard to these newspapers and periodicals but that no foreign-owned newspaper or periodical should, in future, be permitted to be published in India.

– The Cabinet, however, agreed that the other recommendation of the Commission that foreign newspapers and periodicals, which dealt mainly with news and current affairs, should not be allowed to bring out Indian editions, should be accepted in principle.

Cont…• During the past 46 years since the above Resolution came into effect, no

foreign newspaper or periodical has been allowed to be published from India nor has any foreign investment in the domestic print media sector been permitted.

• However, in the new context of globalization, the demand for foreign participation and investment in the print media has been raised by a section of the newspaper industry.

• In the public debate which has taken place on this issue, the opinion of the print media has been divided. Since the issue has far reaching consequences for the Press in India, the Committee decided to take up this subject for a detailed study. A public notice was issued.

Cont…

• The commission was appointed because after independence the role of the press was changing from a mission to business.

• It found that there was a great deal of scurrilous writing often directed against communities or groups, of indecency and vulgarity and personal attacks on individuals.

• It also noted that yellow journalism was on the increase in the country and was not particularly confined to any area or language.

• The commission, however, found that the well established, newspapers on the whole, had maintained a high standard of journalism.

Cont…• It remarked that whatever the law relating the press may be, there would still be a large quantity

of objectionable journalism, which, though not falling within the purview of the law, would still require some checking. It felt that the best way of maintaining professional standards of journalism would be to bring into existence a body of people principally connected with the industry whose responsibility would be to arbitrate on doubtful points and to ensure the punishment of any one guilty of infraction of good journalistic behavior. An important recommendation of the commission was the setting up of a Statutory Press Commission at the national level, consisting of press people and lay members. Its recommendation and the action taken can be summed up as follows:

• To protect the freedom of the press and to maintain high standards of journalism, a press council should be established.

The press council of India was established on July 4, 1966 which started functioning from November 16 (on this date, National Press Day is celebrated) 1966.

• To prepare the account of the press and the position of every year, there should be appointment of the Registrar of Newspaper for India (RNI).

It was also accepted and RNI was appointed in July 1956.

Cont..• Price-page schedule should be introduced. It was also accepted in 1956.

• For maintaining a cordial relationship between the government and the Press, a Press Consultative Committee should be constituted. It was accepted and a Press Consultative Committee was constituted on 22nd September1962.

• Working Journalists Act should be implemented. The government implemented this and in 1955 the working journalist and other newspaper employees (conditions of services) and miscellaneous Provisions Act was set up.

• It recommended establishment of a fact-finding Committee to evaluate the financial position of the newspapers and news agencies. A Fact Finding Committee was set up on 14th April 1972. It submitted its report on 14th January 1975.

• For protecting the main principles of the freedom of the press and to help the newspapers against monopolistic tendencies, a Newspaper Financial Corporation should be constituted. It was accepted in principle and on 4th December 1970, a Bill was also presented in the Lok Sabha, but it lapsed.

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