PRESS COUNCIL

PRESS COUNCIL ??????

The Press Council is a statutory and autonomous body which formulates guidelines or code of conduct for the press which is followed by members of the Press voluntarily

Self control is the best method for the control of the Press.

PRESS COUNCIL -orginSweden is the first country to form Press Council -1916.It was called the Court of Honour.At present there are about 40 countries that have their own Press Council.In all countries except Italy and Holland ,Press Councils have been voluntarily set upThe Functions and Powers of Press Councils of various countries are found to differ.In USA ,guidelines of the Press Council are made in consultation with the legal experts.In UK,The Press Council is formed by journalists , academicians etc.It is not a statutory body and has no legal power

PRESS COUNCIL –In IndiaIn India,The Press Council is a statutory body created by the Press Council Act consisting of journalists ,MP s and Academicians It was commisioned on the recommendation of the First Press Commisision in 1954Objective –a.To look after the editorial independence ,objectivity of news presentation and fairness of comments etc on the part of the newspapers.b.To foster the development of Press ,protecting it from external pressures and regulate it’s conduct matters such as objectionable writingThe Press Concil of India was constituted by the govt of Indiain 1966 under the Press council Act of 1965,with Justice J.R.Mudholkar,The Judge of the supreme court as it’s chairman which was later amended in 1970 During the internal emergency,The Press Council was abolished and The Press Council Act was repealed on its failure of achieving objectives of establishment.(developing a code of conduct ,preventing provocative and unrestrained writings.

PRESS COUNCIL –In IndiaA fresh Legislature for establishment to the second press council was enacted.The new objectiveof the revised press council are –1.To preserve freedom of the press2.To improve the standards of newspapers and newsagencies in the country.3.To enquire into complaints received by it.4.Building up a code of conduct for newspapers, newsagencies and journalists in accordance with high professional standards.

PRESS COUNCIL –the structure

Term -3 yrsConstitution of the Press Council –Total members -28Chairman -01.The chairman is always a retired judge of the Supreme Court. He is nominated by a committee consisting of the chairman of Rajya Sabha,Speaker of LokSabha,and one elected representative of council member.

Among the 28 members –a.Working Journalists (6 editors of newspapers,7 working journalists other than editors) -

: 13b. From Management , big , medium and small newspapers : 06c.News Agencies :01d.Members of Parliament nominated by speaker of Lok Sabha :05(3 from Lok sabha and 2 from Rajya Sabha)e.Persons having special knowledge or practical experience in the following fieldsa.Education and Science(nominated by UGC) :01b.Law and Literature(nominated by Bar Council) :01c.Culture(nominated by Sahitya Academy) :01

PRESS COUNCIL ACT ,1978

An act to establish a council for the purpose of preserving the freedom of The Press and maintaining and improving the standards of newspapers and newsagencies in India.

Sec 4:The Central Government may establish a council by the name ,Press Council of India . It shall be a body corporate having Perpetual succession and a common seal and shall by the said name sue and be sued.Sec 5 : It shall consists of a chairman and 28 members out of whom The Chairman shall be nominated by a committee consisting of a speaker of Lok Sabha,Chairman of Rajya Sabha and a member of the council,7 members shall be nominated from among the working journalists,6 shall be nominated from among newspaper owner and managers,6 shall be nominated from newspapers and managers ,1 shall be nominated from news agencies,3 shall be,one each from UGC,The Bar Council of India and Sahitya Academy and 5 shall be MP’s nominated by the Speaker of LokSabha(3) and Chairman of Rajya Sabha (2)

PRESS COUNCIL ACT ,1978Powers and Functions of the Council –Sec 13 (1) The objects of the Council shall be to preserve the freedom of the Press and to maintain and improve the standards of newspapers and news agencies in India2)The Council may in furtherance of its objects , perform the following functions namely –(a)To help newspapers and news agencies to maintain their independence(b)To build up a code of conduct for newspapers ,news agencies and journalists in accordance with high professional standards.(c ) to ensure on the part of the newspapers ,news agencies and journalists,themaintainance of high standards of public taste and foster a due sense of both rights and responsibilities of citizenship. d)To encourage the growth of the sense of responsibility and public service among all those engaged in the profession of journalisme)To keep under review any development likely to restrict the supply and dessimination of news of public intrest and importance.f)To keep under review cases of assistance received by any newspaper or news agency in India from any foreign source including such cases as by an individual , association , of persons or other organization

g)To undertake studies of foreign newspapers ,including those brought out by any embassy or other representative in India of foreign state , their circulation and impact.

h)To promote a proper functional relationship among all classes of persons engaged in the production or publication of newspapers or in news agencies.

i)To concern itself with the developments such as concentration of or other aspects of ownership of newspapers and news agencies which may affect the independence of the Press and

j)To understand such studies as may be entrusted to the Council and to express its opinion in regard to any matter referred to it by the Central Government.

Sec 14(1)Where on receipt of a complaint made to it ,the council may after giving the newspaper or news agency the editor or journalist concerned an opportunity of being heard hold and enquiry in such a manner as may be provided by regulations made under this act .If necessary it may for reasons to be recorded in writing warn, adnomishor censure the newspaper , news agency, editor, or journalist

The council may not take cognizance of complaint if it is of opinion that there is no sufficient ground for holding an enquiry

(2)If the Council is of the opinion that it is necessary in public intrest,it may require particulars relating to any inquiry

(3)The council shall not be empowered to hold enquiry into any matter of which proceeding is pending in a court of law.

(4)The decision of the council shall be final and not be questioned in any court of law.

Sec 15: For the purpose of performing it’s function or holding any enquiry,the council shall have the same powers as vested in a civil court,in respect of the following matters –

a.Summoning and enforcing the attendance of persons and examining them on oathb.Requiring the discovery and inspections of documentsc.Reviving evidenced. requisitioning any public record or copies therof from any court or office.e.Issuing commisions for the examination of witnesses or documents.

Sec 16 The council may for the purpose of performing its function levy such fees at such rates and such manners may be prescribed from registered newspapers and news agencies

Sec 17:The central government made by the parliament by law in this behalf ,pay to the council by way of grants such sums of money as the Central govt may consider necessary for the performance of the functions of the council.

The council shall have it’s own fund and the fees may be collected by it ,all such sums as may made from time to time be paid to the central govt. and all grants and advances made to it by any authority or person shall be credited to the fund and all payments by the Council shall be made therefrom.

Sec 19:The council shall prepare in such form and at such time each year as may be prescribed a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure .

Sec 20:The council shall prepare once every year in such a form as may be prescribed an annual report giving a summary of all activities during the previous year .

Sec 23: No suit or legal proceeding shall lie against any the council or any member there of or any person acting under the direction of the council in respect of anything which is in good faith done or intended to be done under this act.

PRESS COUNCIL –Cases handled

Last one year Complaints received -8939 (out of which 6246 were against the press)Major Complaints against the press–1.Publication of unverified and abusive language2.Printing of obscene pictures3.Communal and Castiest writings4.Attempts to inflame communal passion5.Refusal to publish replies6.Encroachment on privacy7.Distorted and Prejudiced reporting8.Suppression of facts9.Sensationl and misleading headings10.Malicious reporting and writing

PRESS COUNCIL –Cases handled

Complaints made by the press against government administration/police/politicians/publicity dept –

1.False and malicious charges2.False arrests and detentions in police custody3.Threats to life and property4.In action of police on complaints filed by journalists5.Threats to life, liberty and property6.Suspension and cancellation of advertisements.7.Withholding of or reduction of news print quota.8.Stopage of electricity and water supply9.Raids and attempts to demolish newspaper offices.10.Seizure of copies and their destruction

PRESS COUCIL –A TOOTHLESS TIGER???????????