Introduction
The Press Council Act of 1978 (hereinafter as 1978 Act) was the polished and amended manifestation of the preceding Press Council Act of 1965 (hereinafter as 1965 Act). While both acts are in most manners the same, there are subtle differences in the two. However, it is necessary that we study the Press Council of India and the previous 1965 Act to properly understand the differences.
The Press Council
The Press Council of India is an independent statutory agency that oversees the entire print media business in India. The Press Council has jurisdiction over all of India’s print media. The Council’s objective is to operate as a supervisory authority over the print media, ensuring the greatest levels of journalistic integrity and behavior possible. The Chairman, a retired Supreme Court Judge, is in charge of the Council. The PCI has twenty members that are nominated by recognised press agencies and groups in the media. The Sahitya Akademi Union Parliament, University Grants Commission, and Bar Council of India each propose eight other members to the PCI. Therefore, by every right the Press Council is governed by an internal mechanism. P. B Sawant provided the reason for such independent and unhindered mechanism, stating:
“The philosophy behind the establishment of the Press Council is that it should be a self-regulating internal mechanism ordinarily of the peers in the profession with the representatives of the public, the readers also having a say in the matter, since freedom of the press is essentially the freedom of the people to be informed adequately and accurately on matters having a bearing on public interest.”[1]
The PCI is in charge of investigating complaints, summoning witnesses and taking evidence under oath, and requiring the submission of copies of public records. It has the ability to issue warnings and reprimands to the news organization, journalist, or editor. The PCI’s rulings are final and cannot be challenged in any court of law. The Press Council of India was established with the goal of accomplishing the following objectives:
- To assist newspapers to preserve their independence
- To put together the code of conduct for newspapers and journalists in harmony with high professional standards
- To keep under review any development likely to restrict the supply and dissemination of news of public interest and importance
- To keep under review such cases of assistance received by any newspaper or news agency in India from foreign sources, as are referred to it by the Central Government.
- To endorse the institution of such common service for the supply and dissemination of news to newspapers as may be desirable.
- To provide facilities for the proper education and training of persons in the profession of journalism.
- To promote a proper functional relationship among all classes of persons engaged in the production or publication of newspapers.
- To study developments which may tend towards monopoly or concentration of ownership of newspapers, including a study of the ownership or financial structure of newspapers, and if necessary, to suggest remedies therefore.
- To promote technical and other research work.
However, almost none of the noble objectives stated above were ever fulfilled and remains visible only on paper and ink.
Powers under 1965 Act
The press council is bestowed general powers under the § 13 and § 15 of the 1965 Act. The § 13 provides that the Press council is assigned to specific responsibilities that it must fulfil. They must be the authority to assist newspapers and news agencies in maintaining their independence, develop a code of behavior for newspapers, news agencies, and journalists, and maintain a high standard of public taste with regard to the media. The Press Council must, through its actions, assist in the development of a sense of responsibility and public service among all those engaged in the profession of journalism, as well as keep an eye on any development that may limit the supply and dissemination of public interest news, including any foreign source procured for the purpose of dissemination of information.[2] The Press Council deals with a wide range of issues on a regular basis. The complaints being brought against the press for suspected violations of journalistic practices involve a 60% allegation of defamation and around 25% relate to questions of principle such as the right to react, plagiarism, fratricidal tiffs, unlawful lifting of news from other papers, among other things. In the other 15% of cases, the complainants are typically concerned about reports that damage the population’s or a community’s religious, communal, or cattiest emotions.[3]
Furthermore, under § 15 of the Press Council Act, 1978, the Council has the same powers across India for executing its job or conducting an inquiry as are conferred in a Civil Court when trying a suit under the Code of Civil Procedure, 1908. However, no newspaper, news agency, editor, or journalist is required by this provision to divulge the source of any news or information published. Furthermore, all inquiries conducted by the Press Council shall be treated in the same manner as a judicial process (as mentioned under § 193 and § 228 of the Indian Penal Code).
The Press Council, as noted in § 14, has the unique capacity to issue a censure on any piece of print media. The Press Council can now condemn any item of material published in any type of print media. This law appears to have made its decisions based on the issue’s ethics rather than whether the media content is legal or not. This Section states that if a complaint is made to the Press Council, the Press Council will offer the newspaper, news agency, editor, or journalist involved an opportunity to be heard and will hold an inquiry as allowed by the Act’s regulations. If the Chairman believes there is insufficient grounds for an investigation, the Council will not consider the complaint. However, this section does not give the council the authority to hold an inquiry into any topic in which a legal case is pending. The only requirement emphasized by the Press Council through the various case presidents is that the individual or group of individuals must first address the need to condemn a piece of information to the editor/owner of the printed medium.
Amendments in 1978 Act
The Press Council Act of 1965 established the PCI. It was quickly dissolved by an ordinance during the Emergency in 1975, but was resurrected by the Press Council Act of 1978, which remains its governing act. Since it is clear that the basic objective of the amending act was not to challenge any mischief in the preceding act, but rather to cover-up the shameless destruction of freedom of speech and journalism by the emergency. The new legislation establishing the Press Council was enacted in 1978 with the same goal of preserving the freedom of the press and maintaining and improving the standards of the Indian press. A few structural adjustments were made as a result of the new Act, which were that now the body would consist of 28 members rather than the previous numeric of 25 members. Secondly, it established a new procedure for selecting the Chairman, which involves a committee comprised of the Chairman of the Rajya Sabha, the Speaker of the Lok Sabha, and a member of the council picked from among themselves.
There was a tweak in the objectives of the press council of India. The following two new functions were added: (a) conducting studies of foreign newspapers, including those published by any embassy or other foreign state representative in India, their circulation and impact; (b) conducting studies as may be entrusted to the Council and giving its opinion on any matter referred to it by the Central Government. Some of the limited functions that were part of the old Act, on the other hand, were not included in this new Act because they were believed to be too difficult for the Council to handle, that are: (a) Promoting the creation of such a common service for the supply and dissemination of news to newspapers as it may deem desirable from time to time; (b)Providing facilities for the proper education and training of persons in the profession of journalism; (c) Promoting technical or other research.
Conclusion
The Press Council of India, with virtue of the Press Council Act, 1978 was bought in existence with good and noble intentions. The act provides everything necessary for a country’s journalism to flourish and freedom of speech and information to remain protected. However, had there been a constant, uniform and well-intended implementation of the Act throughout the country, India would not have ranked 138th in the World Press Freedom Index. Moreover, the failure of the act or rather the lack of implementation is quite evident by the murders of journalists. The task of protecting the journalist lies both on the Act and the Council established under the act.
The once watchdog of democracy had became nothing more then a toothless tiger under the current act and without providing it with wider powers one can only assume that it is not long before the act and council fails the democracy, the journalists and the people.
References:
[1] A. G. Noorani, The Press Council: An Expensive Irrelevance, 44 EPW 13, 14 (2009).
[2] The Press Council Act, 1978, § 13.
[3] Press Council of India, Souvenir: Challenges Before the Media, (2017), https://www.presscouncil.nic.in/WriteReadData/Pdf/npdstts.pdf.
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