Press Commission and Press Council of India

First and Second Press Commission and Press Council of India --- Important question answers

The Press Council Act, 1978 was enacted to establish a Press council for the purpose of preserving the freedom of the Press and for maintaining the standards of newspaper and news agencies in India. The Act established the Press Council of India which is a body corporate having perpetual succession, with effect from 1st March 1979. The Press Council of India is empowered to make observations in respect of conduct of any authority including Government, if considered necessary for performance of its functions under the Act. The Council can warn, admonish or censure the newspaper, the news agency, the editor or the journalist or disapprove the conduct of the editor or the journalist if it finds that a newspaper or a news agency has not complied with the standards of journalistic ethics or public taste or that an editor or a working journalist has committed any professional misconduct.Complaints against the Press 

Question and Answers related to Press Commissions and Press Council of India.

Q1- Who was the chairman of First Press Commission?

Ans-   Justice J.S.Rajadhyakhsa.

Q2- When was the First Press Commission formed?

Ans- 23rd Sept 1952.

Q3- Which Press Commission recommended establishment of Press Council of India?

Ans- First Press Commission.

Q3- Which Press Commission recommended establishment of Registrar of Newspaper for India?

Ans- First Press Commission.

Q4- Which Press Commission recommended introduction of Price Page Schedule?

Ans- First Press Commission.

Q5- When was the Press Council of India established?

Ans- July 4, 1966.

Q6- When was National Press Day celebrated?

Ans- Nov 16, 1966.

Q7- What are the recommendations of First Press Commission and which recommendations were accepted by the government?

Ans-

 • 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. 

• 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 September 1962.

• 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. 

Q8- Who was the First chairman of Press Council of India?

Ans- Shri Justice J.R. Mudholkar.

Q9- Who was the chairman of Second Press Commission?

Ans- Justice P. K. Goswami. But he and his colleagues resigned when new government came to power at Centre in 1980. New Chairman was Justice K.K. Mathew.

Q10- What are the recommendations of Second Press Commission?

Ans- 
       The commission saw the role of the press in a developing country as being ' neither that of an adversary nor an ally of the government'.It recommended newspapers should refrain from sensational presentation of news on outbreak of communal disturbance.Press Council should continue, should be given powers to deny accreditation. Inclusion of 'respect for privacy' in the Press Council Act of 1978.Editor take the responsibility of all matter published in newspaper, including the advertisements.Establishment of Newspaper Development Corporation , a body to promote the development of the press.

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Press and Registration of Books Act, 1867

Section 1  Interpretation-clause    Note

"Book" includes  pamphlet, in any language, and every sheet of music, map, chart or plan separately printed 

"editor" means the person who controls the selection of the matter that is published in a newspaper

"Magistrate" means any person exercising the full powers of a Magistrate, and includes a Magistrate of police 

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

paper" means any document, including a newspaper, other than a book;

"prescribed" means prescribed by rules made by the Central Government under section 20A;

" Press Registrar" means the Registrar of newspapers for India appointed by the Central Government under section 19A and includes any other person appointed by the Central Government to perform all or any of the functions of the Press Registrar;

"printing" includes cyclostyling and printing by lithography;

"Register" means the Register of newspapers maintained under section 19B.]

Section 3. Particulars to be printed on books and papers

Every book or paper printed within India shall have printed legibly on it the name of the printer and the place of printing, and the name of the publisher, and the place of publication.

Sec. 4. Keeper of printing press to make declaration

No person shall within [India], keep in his possession any press for the printing of books or papers, who shall not have made and subscribed the following declaration before the District, Presidency or Sub-divisional Magistrate] within whose local jurisdiction

As often as the place where a press is kept is changed, a new declaration shall be necessary:

(a) a statement relating to the change is furnished to the said Magistrate within twenty four hours thereof; and

(b) the keeper of the press continues to be the same.

5. Rules as to publication of newspapers.

newspaper shall be published in India, except in conformity with the rules hereinafter laid down:

 Without prejudice to the provisions of section 3, every copy of every such newspaper shall contain the names of the owner and editor thereof printed clearly on such copy and also the date of its publication.

 The printer and the publisher of every such newspaper] shall appear  before a District, Presidency or Sub-divisional Magistrate within whose local jurisdiction such newspaper shall be printed or published and shall make and subscribe, in duplicate, the following declaration:

And the last blank in this form of declaration shall be filled up with a true and precise account of the premises where the printing or publication is conducted.

 shall specify the title of the newspaper, the language in which it is to be published and the periodicity of its publication 

  

a new declaration shall be necessary

 if Where the title of any newspaper or its language or the periodicity of its publication is changed, 

 As often as the ownership of a newspaper is changed, 

As often as the place of printing or publication is changed, 

(a) a statement relating to the change is furnished to the said Magistrate within twenty four hours thereof; and

(b) the printer or publisher or the printer and publisher of the newspaper continues to be the same

Every declaration made in respect of a newspaper shall be void, where the newspaper does not commence publication-

6. Authentication of declaration

Each of the two originals of every declaration so made and subscribed as is aforesaid, shall be authenticated by the signature and official seal of the Magistrate 

 any declaration is made and subscribed under section 5 in respect of a newspaper, the declaration shall not, save in the case of newspapers owned by the same person, be so authenticated unless the Magistrate 

Deposit

One of the said originals shall be deposited among the records of the office of the Magistrate, and the other shall be deposited among the records of the High Court of Judicature, 

Inspection and supply of copies

The Officer-in-charge of each original shall allow any person to inspect that original on payment of a fee of one rupee, and shall give to any person applying a copy of the said declaration, attested by the seal of the Court which has the custody of the original, on payment of a fee of two rupees.

11A. Copies of newspapers printed in India to be delivered gratis to Government

The printer of every newspaper in India  two copies of each issue of such newspaper as soon as it is published shall deliver free of expense  to such officer as the State Government may, by notification in the Official Gazette, and to the Government.

11B. Copies of newspapers to be delivered to Press Registrar

Under this Act, the publisher of every news paper in India shall deliver free of expense to the Press Registrar one copy of each issue of such newspaper as soon as it is published.

12. Penalty for printing contrary to rule in section 3

Whoever shall print or publish any book or paper otherwise than in conformity with the rule contained in section 3 of this Act, shall, on conviction before a Magistrate, be punished by fine not exceedingtwo thousand] rupees, or by simple imprisonment for a tern not exceeding ⁴⁹[Six months], or by both.

13. Penalty for keeping press without making declaration required by section 4

Whoever shall keep in his possession any such press as aforesaid. ⁵⁰[In contravention of any of the provisions contained in section 4 of this Act], shall. on conviction before a Magistrate, be punished by fine not exceeding [two thousand rupees, or by simple imprisonment for a term not exceeding, six months or by both.

14. Punishment for making false statement

Any person who shall, in making any declaration or other statement make a statement which is false, and which he either knows or believes to be false, or does not believe to be true, shall, on conviction before a Magistrate, be punished by fine not exceeding two thousand] rupees, and imprisonment for a term not exceeding [six months.

15. Penalty for printing or publishing newspaper without conforming to rules.

Whoever shall edit], print or publish any newspaper, without conforming to the rules here in before laid down, or  knowing that the said rules have not been observed with respect to that newspaper], shall, on conviction before a Magistrate, be punished with fine not exceeding two thousand rupees, or imprisonment for a term not exceeding Six months or both.

19A. Appointment of Press Registrar and other officers

The Central Government may appoint a Registrar of newspapers for India and such other officers under the general superintendence and control of the Press Registrar as may be necessary for the purpose of performing the functions assigned to them by or under this Act, 

19B. Register of newspapers

(1) The Press Registrar shall maintain in the prescribed manner a Register of newspapers.

(2) The Register shall, as far as may be practicable, contain the following particulars about every newspaper published in India, namely:-

(a) the title of the newspaper;

(b) the language in which the newspaper is published;

(c) periodicity of the publication of the newspaper;

(d) the name of the editor, printer and publisher of the newspaper;

(e) the place of printing and publication;

(f) the average number of pages per week;

(g) the number of days of publication in the year;

(h) the average number of copies printed, the average number of copies sold to the public and the average number of copies distributed free to the public, the average being calculated with reference to such period as may be prescribed;

(i) retail selling price per copy;

(j) the names and addresses of the owners of the newspaper and such other particulars relating to ownership as may be prescribed;

(k) any other particulars which may be prescribed.

(3) On receiving information from time to time about the aforesaid particulars, the Press Registrar shall cause relevant entries to be made in the Register and may make such necessary alterations or corrections therein as may be required for keeping the Register up-to-date.

19C. Certificates of registration

On receiving from the Magistrate under section 6 a copy of the declaration in respect of a newspaper and on the publication of such newspaper, the Press Registrar shall, as soon as practicable thereafter, issue a certificate of registration in respect of that newspaper to the publisher thereof.

19D. Annual statement, etc., to be furnished by newspapers

It shall be the duty of the publisher of every newspaper-

(a) to furnish to the Press Registrar an annual statement in respect of the newspaper at such time and containing such of the particulars referred to in sub-section (2) of section 19B as may be prescribed;

(b) to publish in the newspaper at such times and such of the particulars relating to the newspaper referred to in sub-section (2) of section 19B as may be specified in this behalf by the Press Registrar.

19E. Returns and reports to be furnished by newspapers

The publisher of every newspaper shall furnish to the Press Registrar such returns, statistics and other information with respect to any of the particulars referred to in sub-section (2) of section 19B as the Press Registrar may from lime to time require.

19F. Right of access to records and documents

The Press Registrar any gazetted officer authorized by him in writing in this behalf shall, for the purpose of the collection of any information relating to a newspaper under this Act, have access to any relevant record or document relating to the newspaper in the possession of the publisher thereof,  and may enter at any reasonable time any premises where he believes such record or document to be and may inspect or take copies of the relevant records or documents or ask any question necessary for obtaining any information required to be furnished under this Act.

19G. Annual report

The Press Registrar shall prepare, in such form and at such time each year as may be prescribed, an annual report containing a summary of the information obtained by him during the previous year in respect of the newspapers in India and giving an account of the working of such newspapers, and copies thereof shall be forwarded to the Central Government.

19H. Furnishing of copies of extracts from Register

On the application of any person for the supply of the copy of any extract from the Register and on payment of such fee as may be prescribed, the Press Registrar shall furnish such copy to the applicant in such form and manner as may be prescribed.

19I. Delegation of powers

Subject to the provisions of this Act and regulations made thereunder, the Press Registrar may delegate all or any of his powers under this Act to any officer subordinate to him.

19J. Press Registrar and other officers to be public savants

The Press Registrar and all officers appointed under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).

19K. Penalty for contravention of section 19D or section 19E, etc

If the publisher of any newspaper-

(a) refuses or neglects to comply with the provisions of section 19D or section 19E; or

(c) publishers in the newspaper in pursuance of clause (b) of section 19D any particulars relating to the newspaper which he has reason to believe to be false,

he shall be punishable with fine which may extend to five hundred rupees.

19L. Penalty for improper disclosure of information

If any person engaged in connection with the collection of information under this Act willfully discloses any information or the contents of any return given or furnished under this Act otherwise than in the execution of his duties under this Act or for the purposes of the prosecution of an offence under this Act or under the Indian Penal Code (45 of 1860), he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.]

21. Power to exclude any class of books from operation of Act

⁷⁹[The State Government may, by notification in the Official Gazette], exclude any class of books⁸⁰[or papers] from the operation of the whole or any part or parts of this Act:

⁸¹[Provided that no such notification in respect of any class of newspapers shall be issued without consulting the Central Government.]

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