RESUME’
Press
Council of
November
1966 –November 2009
The
Press Council of India was first set up in the year 1966 on the recommendations
of the First Press Commission. In the discharge of its twin fold function of
preserving the freedom of the press and maintaining and improving the standards
of the press, the Council performs a multi-faceted role. It acts on the one hand as a quasi judicial
authority with all powers of the civil court and on the other, in its advisory capacity;
it guides the press as well as the authorities on any matter that may have a
bearing on the freedom of the press and on its preservation.
The Press Council is headed
by a Chairman who has by convention been a sitting /retired judge of the
Supreme Court of India. Besides, the Council consists of 28 other members, of
whom 20 represent the press, five are from the two Houses of Parliament and
three represent the cultural, literary and legal fields and are nominated by
the
The 20 represent
the press are nominated from amongst various associations of journalists,
editors, owners or managers of newspapers and news agencies.
While the above 20
seats are filled up by the Council following the procedure prescribed, the
action for filling up the remaining eight seats is initiated by the Central
Government directly. The 20 names are forwarded by the Council to the Central
Government for notification alongwith the eight names received by them.
The Council is funded by the
revenue collected by it as fee levied on the registered newspapers in the
country on the basis of their circulation, the deficit being made good by way
of grant by the central government. Though to some extent the Council is dependent on the government for finances,
yet in so far as functional autonomy is concerned, it has remained completely
uninfluenced by any extraneous considerations in discharge of its
quasi-judicial functions.
As a
quasi-judicial body, the Council is being approached by way of more and more
complaints every year. This is not to
say that instances of violation of ethics or that of threats to the press are
on the increase. In fact, the Council
feels that the press as well as those holding the reins of power are by and
large responsible. The reason for steady increase in the number of complaints
being lodged with it is because the Council’s forum is being preferred over
courts where the proceedings, by their very nature, are costly and time
consuming. The Council strives to
provide quick justice at the doorstep and to this end, it regularly meets in
different parts of the country to hear cases from that region.
The
complaints received by the Council broadly fall into two categories: Complaints
by the Press against interference with its freedom by an authority and
complaints against the Press by any individual or authority for violation of
the canons of journalism. Any press person feeling aggrieved over a matter
likely to impair or interfere with the independence of the Press may approach
the Council. Similarly, anybody aggrieved by any publication or non-publication
in any newspaper or journal or over the conduct of a journalist as an editor
may lodge a complaint with the Council for breach of the recognized canons of
journalistic ethics and public taste. The Council is empowered to make
observations in respect of the conduct of any authority including government,
if it so considers it necessary, for the performance of its functions under the
Act. In respect of complaints against the press, if it finds that a newspaper
or a news agency has offended against the standards of journalistic ethics or
public taste or that an editor or a working journalist has committed any
professional misconduct, it can warn, admonish or censure the newspaper, the
news agency, the editor or the journalist or disapprove the conduct of editor
or the journalist. Thus, the Council exerts high moral authority. Its decisions
are final and cannot be questioned in any court of law. The decisions of the
Council have generally been honoured and accepted by the media and the
authorities alike.
Statistics show that during the first ten years of the Council between 1966 to 1974, the Council was approached by about 600 complainants. Out of these, 295 complaints were disposed of at the preliminary stage, primarily for reasons of lack of sufficient grounds for inquiry, while 250 complaints were adjudicated after detailed inquiry. During this decade, the Council was still at a nascent stage. If we compare this data with the complaint statistics between April 1, 1979 to November 30, 2009, 20076 complaints were filed with it, of which 14395 raised the grievance of violation of accepted norms by the press while 5681 questioned the alleged threats to press freedom by those in authority. Out of these 20076 cases, 13619 were disposed of under the authority of the Chairman of the Council without being referred for inquiry, while 5509 matters were adjudicated upon by the full Council through the medium of its Inquiry Committees.
In the complaints being lodged against
the press for alleged violation of norms of journalistic conduct, about 60%
carry charge of defamation. About 25%
relate to matters of principle like right to reply, plagiarism, fratricidal
tiffs, unauthorised lifting of news from other papers, etc. In the remaining 15% cases, the complainants
may be aggrieved over reports that hurt the religious, communal, casteist
sentiments.
In
cases of complaints against authorities, about 65% converge on charges of
attempts to intimidate, harass or physically assault the press men, while the
remaining allege withdrawal by the State authorities of facilities like,
accreditation to a journalist which are essential in the discharge of
professional duties or malafide denial of State advertisements often on account
of unpalatable writings. Based on its
pronouncements and adjudication’s over the years the Council has brought out a
compilation of the principles and guidelines built up over the years. Cast as they are in a flexible mould, the
Council expects that these broad general principles, when applied with due
discernment and adaptation to the varying circumstances of each case will help
the journalist to regulate his or her conduct along the path of professional
rectitude.
During
trying times especially when the unity of the country is at stake Press Council
appeals to the media and the people of the country to maintain and promote
peace and harmony in the country. In the
year 2002 such appeal was issued by the Press Council in wake of
In its advisory role the
Council’s opinion has been regularly sought by various instrumentalities of the
State on legislative measures either in force or proposed to be introduced. The
Council has also suo-motu initiated studies on various matters that have a
bearing on the freedom of the press or its standards. These, to cite a few, cover subjects like
Parliamentary Privileges (1967/1982,2003), Monopoly and Concentration of
Ownership of Newspapers (1967), Problems of Small and Medium Newspapers and
Newsprint Crisis (1981/1992), Law of Defamation (1984), Portrayal of Women in
Media (1996), Press Reporting on Defence Related Matters (1993), Reporting on
AIDS Matters (1993), Press Coverage of Election Process in the Country and
Publication of Poll Related Surveys (1996), Report on the Curbs on the Press in
the State of Rajasthan (1997), Report on the Problems of Urdu Newspapers
(1997), Report on the Undue Favours Extended to Journalists by Authorities
(1998), Report on Closure of Newspapers (1998), Report on Right to Privacy ;
Public Figures and the Press (1998)and Report on Press Coverage of the 12th
General Elections (1998 and 1999), Report on Role of the Press during Assembly
Elections 1998 and February,2000, A Report on Role of Print Media: Preparing
People to Cope with Disasters (2000), Report of the two member Fact Finding
Committee of the Press Council of India on alleged atrocities on the Press and
Journalists in Assam (2001) and Future of Print Media (2001), Report of Fact
Finding Committee constituted to inquire
into the alleged barbaric lathi-charge by the police on the journalists
during Kumbh Mela at Allahabad on January 19,2001, Report of Fact Finding
Committee, Chennai regarding assault on journalists of Tamil Nadu (2001),
Gujarat Report (2003), Contempt of Court (Amendment) Bill, 2005. Report
of Sub-Committee on the Model Press Accreditation Policy (2007), Report of
Sub-Committee on Problems of Small & Medium Newspapers (2007), Report of
Sub-Committee on the issue of Working Journalist Act vis-a-vis Appointment of
Journalist on Contract (2007), Report of Assessment Committee on suo-motu
inquiry initiated with reference to the threats held out by the ULFA to the
Assam Media and also the Manipur Media (2007). Report of Assessment Committee
regarding attack on Editor-in-Chief of Karavali Ale, Mangalore and subsequent
unsatisfactory role of police authorities (2009). In matters requiring urgent action, the
Council has often appointed Committees to conduct on the spot inquiries. To mention a few, the Council sent its team
to Ayodhya in the wake of demolition of the disputed religious structure. It also sent teams to
The legislations on which
the Press Council has formulated opinion, whether suo-motu or otherwise, also
cover a wide range of matters relating to the press. Some of these were at the proposal stage,
while some other had already found their way to the statute book. A few of such important legislation’s were
Criminal and Election Laws (Amendment) Bill, 1968; Indian Telegraph Act 1886
(1969); Contempt of Court Bill (1968); Press and Registration of Books Act,
1867 (1971/1987); Andhra Pradesh (Communal Offenders) Bill, 1984 (1984);
Karnataka Freedom of Press Bill 1988 (1988); Promotion of Secularism Bill 1988;
Right to Reply in the Press Bills 1988, 1990, 1991, 1994; Constitution
(Amendment) Bill, 1998; Abkari Amendment Bill, 1999; a legislation proposed by
the Kerala Government; Prevention of Terrorism Ordinance 2001; Prohibition of
Publication or telecast of vulgar, obscene and surrogate advertisements and
remix songs by the Print and Electronic Media Bill,2004; Communal Violence
(Prevention, Control and Rehabilitation of Victims) Bill, 2005; Private
Member’s Bill 2007 on the consumer Goods (Publication
of Price with Advertisement) introduced in Rajya Sabha. Amendments to the rules
under Tobacco Control Act 2003 . The
Press Council also gave its views in the year 2000 to the Central Government on
Questionnaire prepared with an objective to update Media laws namely, The Press
and Registration Appellate Board Act, 1867, The Parliamentary Proceedings
(Protection of Publication) Act, 1977, The Press Council Act, 1978 and the
Cinematography Act, 1952; Comments were also sent to the Ministry of
Information and Broadcasting on Constitution Review Consultative Committee on
insertion of Freedom of Press and Freedom of Information as express Rights in
Chapter III of the Constitution. Opinion
was formulated regarding review of existing provisions of Drugs and Magic
Remedies (Objectionable Advertisements) Act, 1954 to provide for ban on
advertisements of Drugs & Magic Remedies; The Council also opined on
Legislation on prohibiting contract labour in newspaper industry and Amendment
to Working Journalist Act and other Newspaper Employee Condition of Service
& Misc. Provision Act, 1955 and also sent its view on Draft National Policy
for Consumers and also on the issue regarding ban on some authors by one of the
renowned media houses. Opinion of the Council was also sent on the references
received from the I&B Ministry (i) regarding prevention of cure of
Thalmessia Major and need for regular blood donation by all eligible citizens
and (ii) regarding an advertisement involving ‘Star News’and ‘Jagran ‘
newspaper as a part of ‘sting operation’ to expose the racket of sale of the
kidney. The Council had taken an active part in the campaign for the enactment
of Right to Information by the Indian Parliament and the State Legislatures and
sent a draft in respect thereof. The Right to Information Act has since come
into force in the year 2005. PIL regarding banning of publication of Rashiphals
in media and public exhibition of burning of effigies of Ravan, Meghnath and
Kumbhkaran in media. Banning publicity through the radio T.V. and newspapers to
the Tantrik and requisition of supernatural powers by Magical means cheating
the innocent people.Prohibition of publication or telecast of vulgar, obscene
and surrogate advertisement and remix songs by print and Electronic Media Bill
2004: reference from Ministry of Information and Broadcasting. Reference from
Central Government regarding amendments to the Rules under Tobacco Control Act,
2003 to control advertisements. Reference from Rajya Sabha Secretariat
regarding opinion of the Hon’ble Chairman, on Contempt of Court (Amendment)
Bill, 2004.Matter raised by Mrs. Karuna Shukla, M.P. regarding “Need to ban
fake advertisement in newspaper inviting applications for employment with view
to safeguard the interest of unemployed persons”.MA No.399 Abu Salem Abdul
Qauoom Ansari Vs. the State of Maharashtra and the Secretary, Ministry of
Information and Broadcasting filed in the Designated Court of Bomb Blast cases,
at Greater Bombay (TADA Court). Proposed Law for Advertisement Standards
Regulatory Commission (ASRC). Communication received from Ministry of
Information & Broadcasting regarding Ban on Bogus Advertisements Bill,
2006.Petition regarding misuse of Right to Freedom of Speech and Expression by
the print and electronic media and the need to restrict under Article 19 (2) of
the Constitution. Short term measures for prevention of misleading
advertisement. Reference
received from Ministry of Information & Broadcasting regarding (i) Examination
of subjects selected for 2007-2008 by Standing Committee on IT-Print Media & Social Ethos and (ii)
Regarding Draft National Policy on Criminal Justice.
The
Council has consistently advised the press to adopt restraint and caution in
its reporting. It agrees that an attempt
should be made to create an environment in which, through self-regulation, the
press ensures an optimum balance between the exercise of its freedom and its
responsibility. That is the basic
objective Press Council seeks to promote and enshrine. In pursuance, based on
the adjudications and other pronouncements rendered by it, the Council has evolved
over the years, principles that are expected to be applied with due discernment
and adaptation by the journalists to regulate his/her own conduct in discharge
of professional duties. The latest edition of this compilation is brought out
in English as well as Hindi titled “Norms of Journalistic Conduct, 2005.
As a part of its mandate to
create an awareness about media related issues the Council has been organising
seminars and workshops in different parts of the country . Special reference
can be made to the seminars on “Press as a leader of the Society” held on
March 23-24,1996, workshop on “Right to Information” on August
10-11,1996, “Women and Media” on September 7, 1996.
The Council organized seven
seminars during the period between 1997-1998 on Media and Society on
February 1, 1997 at Bhopal; on the problems of the Press in the North East”
on March 16, 1997 at Shillong; on “Freedom of Press and Roles of Press for
Good Governance” on April 19, 1997 in Mumbai; “Media, Environment and
Development” on May 4, 1997 in New Delhi.
The Council celebrated “National Press Day” to commemorate 30th
anniversary of the Press Council by organizing two day seminar on
The National Press Day 2005 was observed by the Council
in the capital on November 16 by organising a seminar on “Media Ethics: Fetters
or Freedom.” The celebrations were inaugurated by Shri Shivraj V. Patil,
Hon’ble Minister of Home Affairs. A
Souvenir was released by Shri S. Jaipal Reddy, then Hon’ble Minister of
Information and Broadcasting & Shri H.R. Bhardwaj, Hon’ble Minister of Law
and Justice carrying valuable inputs on the subject.
The Press Council of India
with two other collaborators viz. Sakal
Papers Ltd. and Pune Shramik Patrakar
Sangh organized a seminar on ‘Trivialization of Content in
Media” on
The National Press Day, this year was commemorated
by the Press Council of India with an exhibition on photo journalism and a two
days International Symposia on November 16-17, 2006 at Vigyan Bhawan, New Delhi
on Media matters to discuss “Journalism, Ethics and Society in the Age of
Globalization” with special emphasis on “Role of Self Regulatory Bodies
in Media” and “Ethics in Media”. This was also the 40th year of the
establishment of the Press Council in
As a special acknowledgement of the role of photo
journalism in the field, the Press Council also organised its first ever
international Photo exhibition on the occasion between November 15 to November
18, 2006, on the contribution of photo-journalism as a chronicle of tomorrow’s
history. The Hon’ble Prime Minister of
The
Press Council of India in collaboration with Indian Institute of Mass
Communication, Dhenkanal also organised a seminar to commemorate the birth of
the first newspaper of
The World Association of Press Councils an umbrella
organization of Press Councils and Similar bodies in different parts of the
world committed to championing the cause of free speech and freedom of a
responsible press has been meeting at regular intervals to discuss subjects of
vital importance for the world media.
The WAPC at its Executive Committee Meeting at Turkey,
Istanbul between June 9-12, 2006 decided to adopt a new constitution and set up
a permanent Headquarter at Istanbul after due registration under the laws of
the land.
The Chairman also participated in the debate
organized by the Kenyan TV of Kenya on ‘Can the Media Regulate itself’
along with Mr. Chris Conybear, Secretary-General, WAPC, Mr. Mitch Odero, Ethics
and Complaints Committee, M.C.K., Mr. Carl Erkgrimstad, Sr. advisor, Norwayon
Institute of Journalism and Mr. Alonso Azar, Regional Advisor, UNESCO. The
Programme had concluded with support for the Indian Model of the Press Council.
The Chairman, Press Council of
Mr. Justice G.N. Ray, Chairman, Press Council of India
has been elected as the President of the WAPC for a three year term by its
Executive Committee in its meeting held on July 9, 2009 at the Headquarter of
the body in Istanbul, Turkey, and succeeds the Chairman of Press Council of
Turkey Mr. Oktay Eksi in the President’s Chair.
This is the second occasion when this prestigious body
is being headed by
The National Press Day 2007
was observed by the Press Council of India in the capital on November 16 by
organizing a Seminar on “Media as People’s Voice – Pre and Post
Ranjan Dasmunsi. A souvenir was also released on the
occasion carrying valuable articles on the subject.
A two days Workshop on “Reporting of Court Proceedings by the Media and Administration of Justice” was organised by the Press Council in collaboration with the Supreme Court Legal Services Committee, Indian Law Institute, National Legal Services Authority and Editors Guild of India on March 29-30 in the Capital. This has been followed up with more workshops at regional level on the same issue.
The Press Council had recently undertaken two research projects viz. ‘Standardization of Media Education’ and ‘Report of State of Newspaper Scene 2007’. While the first project is underway in consultation with the concerned, the latter has been adopted by the Council.
The National Press Day, this year was dedicated to
“Women and Media”. Hon’ble President of India, H.E. Smt. Pratibha Devisingh
Patil inaugurated the celebrations in
The Press Council of India in association with
National Legal Services Authority, IGNOU and Editors Guild of India organized
from
A Workshop on “News Coverage During Crisis: Rights and
Responsibilities of Media” was organized by the Press Council of India in
collaboration with the Editor’s Guild of India and Tilak Patrakar Bhavan Trust
on January 21, 2009 in Nagpur..
The National Press Day celebrations this year was
centered around “The
Changing Face of Indian Media”. The celebrations were
inaugurated by Dr. K. Rosaiah, Hon’ble Chief Minister of Andhra Pradesh. To
mark the occasion a Souvenir carrying valuable articles on the subject was
released by Dr. J. Geeta Reddy, Hon’ble Minister of Information, Public
Relations and Tourism, Government of Andhra Pradesh who was also the Guest of
Honour of the function. The states also commemorated the day in befitting
manner.
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