This article is written by Miss Arushi Upadhyay, final year BALLB student of IAMR Law College CCS University.
Abstract
Introduction
The first press commission observed the perversities in discipline, yellow, sensationalization, malicious and irresponsible reports in the press, recommended the Constitution of a Press council for protecting the professional standards and independence of the media besides providing a forum for hearing complaints against and by the press. The need for pressing considered the first press commission was recognized in 1966 by Justice Mudholkar. Therefore, the act could not continue for long as during the emergency. However, the show was repealed by the press council (Repeal ) act, 1976 and abolished in January 1976. The justification for abolishing the council was "The press council failed to set out and enforcement of any code of posture, as it was envisaged by the said act of 1965, and it also failed to build up any respectable body of case law since the commission dealt with only complaints of minor importance". After forming a new government, again, steps were taken to revive the council. New legislation named the Press council Act, 1978 received the permission of the President of India on September 7, 1978. Hence, the institution of the press council is intended to ensure a high standard of responsibility on the part of the press, prevent abuse by the media and check the publication of matters which debase public taste or indulge in intrusion into shared existences, even though such publication may not be punishable under the provisions of existing laws. The council's predecessor from 2011 -2014 was Justice Markandey Katju. The present chairman of the commission is Justice Chandramauli Prasad from 2021.
The Press Council Act, 1965
The Press Council Act, 1965 was formed for preserving the freedom of the press and also for maintaining & improving the standards of newspapers in the nation. It was found necessary to form some authority who can vested the statutory powers. Although during the emergency the press council was not able to solve the problems so it was dissolved with the effect from January 1976 and thereupon the press council act 1965 got repealed by the press council (Repeal ) Act, 1976. with the passage of time, the government took various measures to rehabilitate the freedom of the press and keep up the self-sufficient benchmarks of newspapers. It was also proposed to regain consciousness of the press council of the nation. To give effect of the said proposal the Press Council Bill, 1977 was initiated in the Parliament , which, after referring to the joint committee.
The statement of objects and reasons were appended to the bill as the purpose of the press council act , 1965 was formed. The act of 1978 is divided into four chapters spread over 26 sections. The main aim of the act is to establish a Press Council which is clearly said in the Preamble of the Act.
The preamble says “a declaration to organize council for the objective of preserving the freedom of the press and for maintaining and improving the standards of newspaper and news agencies in the nation”.
Composition of the act of 1965 provided for 25 members in the committee which later changed to 28 members according to the act of 1978. The press council printed the “Norms of Journalistic Conduct “, which is said one of two journalism-related laws used in the government.
Constitution of the Press Council :
The press council is known as body corporate and a juristic person as per the provision of the act. The committee consists of a chairperson and other 28 members, mentioned in section 5(1) of the press council act, 1978. A chairperson is nominated by a committee consisting of the chairman of the council of the states ( i.e. The Rajya Sabha, the speaker of the house of the people, i.e. Lok Sabha and a person elected by the members of the council of the others 28 members, among 28 members thirteen members shall be working as journalists, six members shall be the members who own or carry on the business of management of newspapers, one member shall be from the news agencies, three members shall be from the field of education, science, law, literature or culture and five members shall be among the members of parliament ( three from Lok Sabha & two from Rajya Sabha ).
The central government shall apprise the names of the nominated persons as representatives under sub-section (3) in the Official Gazette. Every such nomination shall take effect from the notification said under sub-section 5 of section 5 of the act 1978.
Tenure of office
Section 6 with sub-sections of act 1978 describes the tenure of the office, which says the chairman and other members shall hold office for three years, provided that the chairman shall continue to hold office until the council is reconstituted as per the provision of section 5 describes above or for six months said in section 6 (1) of the act 1978. As per section 6 (3), a parliament member ceases to be a council member when their house membership ends. Further, if a member remains absent for three consecutive panel meetings, then the person shall be deemed to have vacated their seat. If the chairperson or any other committee members want to resign, they may do so by giving notice in writing to that effect. The chairman is to address the central government, and the other members address to the chairman and consequent upon the acceptance of the resignation, the chairman and the member, as the case may be, shall be deemed to have vacated his office as per section 6 (5). The vacancies so caused may be filled by nomination in the same manner as prescribed above. Such nominated members will hold office for the remaining period in which the member in whose place he is nominated. A retiring member may be renominated for another term and not more than that.
Condition of Service
The condition of members of the committee is mentioned in section 7 of the act 1978. Firstly, the chairman shall be a constant member and shall be paid such a salary as the central government may condescend; and the other members shall receive the alimony or stipend for attending the meetings of the council. Secondly, the board's office shall not disqualify its holder for being chosen as, or prevailing, a member of either house of parliament.
Committees of the Council
To perform the function under the act 1978, the council may constitute a committee for general or extraordinary purposes as it may deem necessary. The said committee members shall be from among the board members, and every such constituted committee shall perform its function as may be assigned by the commission. Although, if the council thinks it fit, it may be co-opted, it shall have the right to attend any committee meeting for which he has been co-opted and participate in the discussions. As per section 8 of the act 1978, the members will be not entitled to vote and shall not be a member for any other purpose.
Section 9 of the act says the council or any committee constituted by the commission shall meet at such times and places and observe such rules of procedure regarding the transaction of business at its meetings as may be provided by regulations made under the act of 1978.
Power & Function of the Council
Chapter 3 of the act 1978 deals with the powers and functions of the Council. Section 13 (1) lets out that the motives of the Council shall prevail to maintain the freedom of the agencies and strengthen and enhance the norms of newspapers and news agencies in India. Whereas Section 13 (2) talks about the Council's functions under the act of 1978. They are:—
— Guidance to newspapers and news agencies to maintain their independence;
— To build up a decorum for newspapers, news agencies and the journalists with comparatively high professional standards;
— To motivate the growth of a sense of responsibility and public service among all those committed to the proclamation of journalism;
— To resist under inspection any growth likely to specify the supply and distribution of news of public involvement and significance;
— To concern itself with the growths such as speciality of or other elements of possession of newspapers and news agencies which may influence the sovereignty of the press;
— To do such other deeds as may be spontaneous or facilitative to the outflow of the above capacities
Section 14 of the act 1978 talks about the provisions regarding the power to convict, they are:—
The Council may not take advertency of a complaint if there is no adequate ground for holding an inquisition in the chairman's opinion.
— If the Council credits that it is mandatory or mode in the public interest so to do, it may assign any newspaper to broadcast therein in such procedure as the Council reckons fit, any attributes concerning to any investigation under the section against a newspaper or news agency, a correspondent or a columnist.
Section 15 of the act 1978 talks about the general powers of the press council, they are:—
— The purpose of performing its function, the Council shall have the same powers throughout India as are vested in a civil court while trying a suit under the code of civil procedure, 1908 in respect of the following matters, such as—
. Muster and execute the attendance of persons and examine them on oath;
. requiring the discovery and inspection of documents;
. receiving evidence on affidavits;
. Ask for any public catalogue or copies thereof from any court or office;
. Issuing commissions for the examining of witnesses or documents;
. any other matter, which may be prescribed
— Every inquiry held by the Council shall be deemed a judicial proceeding within the meaning of Sections 193 and 228 of the Indian Penal Code.
— The Council may if it considers it necessary for carrying out its objects or for the performance of any of its functions under the act, make such observations, as it may think fit, in any of its decisions or reports, respecting the conduct of any authority, including administration.
Section 16(1) says the Council is empowered to conscript fees, at such rates and in such manner, as may be prescribed, from the registered newspaper and news agencies, and different rates may be specified for various newspapers regarding their circulation and any other matters.
Other Provisions relating to the Council
Section 17 of act 1978 empowers the central administration after due allowance made by the committee by legislation on behalf may compensate the council such awards of money for the motive of accomplishing its procedures.
Section 18 addresses that the council shall have its funds. All the expenditures accumulated or authorizations received from central administration or any other supremacy or individual shall be attributed to the budget.
The council also instructed to assemble an annual manuscript every year, giving a synopsis of the council's activities during the prior year and allotting a catalogue of the criteria of newspapers and news agencies and aspects influencing them, and theses thereof, concurrently with the audited testimony of statements.
Section 20 mumbles that the news should be broadcast to the central authority, which shall be applied before both the houses of the parliament.
Protection of Action taken in Good Faith
Section 23 of act 1978 explains that no suit or other legitimate proceedings shall be against the council or any member thereof or any individual acting under the panel's recommendation regarding anything in good faith done or aspired to be done.
Moreover, no suit or other legitimate proceeding shall tell an untruth against any newspaper in respect of the journal of any circumstance therein under the sovereignty of the council.
Power to make rules
Under Section 25 of act 1978, the central government approves to make specific rules under the statute which should be declared in Official Gazette. They are—
— The technique of appointment of members of the committee are under paragraphs (a), (b) and (c) of sub-section (3) of section 5;
— The protocol for the election of a member is illustrated in sub-sections (2) & (6) of section 5;
— The stipends or expenses to be paid to the members of the board for obeying the seminars of the council and other circumstances of employment of such members are under sub-sections (1) & (2) of section 7;
— The authorization of the Secretary and other employees of the committee are under section 11;
— The objects cited in clause (f) of sub-section (1) of section 15;
— The probabilities at which the council may compel expenses under section 16 and the expression in which expenses may be compelled;
— The aspect in which, and the duration within which, the allowance and annual broadcast are to be prepared by the committee under section 19 & section 20, respectively;
— The expression in which the statements of the council are to be strengthened and scrutinized under section 22 & section 25(2)
Power to make Regulations
Under section 26 of act 1978, the council is authorized by virtue to make specific regulations under the law which should be notified in Official Gazette. The rules are—
— Regulating the conference of the committee or any council thereof and the protocol for administering the corporation thereat under Section 9;
— Specifying the tenures and ailments of the benefit of the employees, designated by the council, under sub-section (2) of section 11;
— Regulating the expression of holding any inspection under the statute;
— Empowering to the chairman of the Secretary of the council, Subject to such circumstances as it may think reasonable to compel, any of its abilities under sub-section (3) of section 18;
— Any other matter for which the provisions may be made by legislation under the act of 1978
Related Case
Ajay Goswami V. Union of India, (2007) 1 SCC 143
Press council itself declared that it appreciates only preliminary administration, with its strength inadequate in providing guidance or condemnation to the parties before it, to publicize details relating to its enquiry and adjudication etc. The abilities of the press council of India in so far its sovereignty over the press is concerned are reckoned under section 14 of the press council act, 1978. Regardless, it has no further authority to guarantee that its teachings are assembled and statements executed by the misjudged parties. Lack of disciplining capacities with the press council has fastened its hands in exercising control over the alleged journals. The apex court in the case requested the central government to modify the activities mentioned earlier to meet the standards. Still, no action has been taken by the central administration during the time.
Conclusion
The press shoulders enormous responsibility for making the people conscious of their affairs and educating them. In this, the press has a social responsibility because we, the people of India who greatly depend upon the news reports, recognize the newspapers as one of our best friends. Hence, the social accountability put on the media community must be expressed in their interaction with the responsibility to readers. When such a connection exists between the readers and the newspapers, the individuals associated with the news reporting must fulfill certain morals and strengthen high norms of ethics while illustrating their opinions before the readers. Any variation from awful news reporting inevitably complicates the readers' minds, and occasionally is necessary to abide by some prejudiced and forged news. Ultimately this leaves a significant impact on the minds of the readers. Consequently, the essential of a council to safeguard the morality of journalism was felt, which resulted in the formation of the press council of India.
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