The constitution of India guarantees freedom of speech and expression to all its citizens. Newspapers constitute a potent medium for exercise of this freedom. In our country, the publication of newspapers is regulated primarily by the Press and Registration of Books Act, 1867. The Act seeks to regulate the operation of printing presses and newspapers and registration and preservation of copies of such newspapers. Section 5 of the Act lays down the rule under which a newspaper may be published, the most important being the requirement of subscribing to the printer and publisher thereof the following declaration.

“I, A. B., declare that I am the printer (or publisher, or printer and publisher) of the (newspaper) entitled.......(and to be printed or published, or to be printed and published), as the case may be at...........”

Section 6 mandates authentication of such declaration by the D. M. concerned before any newspaper can commence publication and Section 8-B provides for cancellation of such a declaration on the grounds specified. The section which follows i.e. Section 8-C provides for an appellate board against the order of a Magistrate refusing to authenticate a declaration under Section 6 or cancelling a declaration under Section 8(b) ibid.

The Press Council of India has been assigned since 1979 the responsibility of functioning as an Appellate Board under this section to deal with the matters attracting the provisions of Section 6 and 8-B of the PRB Act.

Section 6 of the Press and Registration of Books Act, 1867 reads thus:

“Authentication of declaration - Each of the two originals of every declaration made and subscribed shall be authenticated by the signature and official seal of the Magistrate before whom the said declaration shall have been made,”. Under this Section, the Magistrate should authenticate the declaration by his signature and official seal. It is only after the Magistrate signs the declaration that the printer/publisher can start publication/printing of his paper.

Under Section 8-B of the PRB Act, 1867 if the Magistrate empowered to authenticate a declaration under this Act, is of the opinion that any declaration made in respect of a newspaper should be cancelled, he may, after giving the person concerned an opportunity of showing cause against the action proposed to be taken, hold an inquiry into the matter and if, after considering the cause, if any, shown by such person and after giving him an opportunity of being heard, he is satisfied that-

“(1) The newspaper, in respect of which the declaration has been made is being published in contravention of the provisions of the Act or rules made thereunder; or

(ii) The newspaper mentioned in the declaration bears a title which is the same as, or similar to, that of any other newspaper published either in the same language or in the same state; or

(iii) The printer or publisher has ceased to be printer or publisher of the newspaper mentioned in such declaration; or

(iv) The declaration was made on false representation or on the concealment of any material fact or in respect of a periodical work which is not a newspaper.

The Magistrate may, by order, cancel the declaration and shall forward as soon as possible a copy of the order to the person making or subscribing the declaration and also to the Press Registrar.”

Under this Section principles of natural justice are to be observed. It is incumbent on the Magistrate to serve a show-cause notice on the person concerned and also to afford an opportunity of being heard to him, before the action proposed to his detriment can be taken.

The language of this section appears to make it necessary that a personal hearing should have been given to the person concerned before orders are passed for cancelling the declaration to his detriment.

Section 8-C of the PRB Act, which deals with appeals to be filed before Press and Registration Appellate Board, provides:

(i) Any person aggrieved by an order of a magistrate refusing to authenticate a declaration under section 6 of cancelling a declaration under section 8-B may, within sixty days from the date on which such order is communicated to him, prefer an appeal to the Appellate Board to be called the Press and Registration Appellate Board consisting of a Chairman and another member to be nominated by the Press Council of India established under Section 4 of the Press Council Act, 1978 from among its members.

Provided that the Appellate Board may entertain an appeal after the expiry for the said pe riod, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.

(ii) On receipt of an appeal under this section, the Appellate Board may, after calling for the records from the Magistrate and after making such further inquiries as it thinks fit, confirm, modify or set aside the order appealed against.

(iii) Subject to the provisions contained in sub-section(2), the Appellate Board may, by order, regulate its practice and procedure.

(iv) The decision of the Appellate Board shall be final.

The appeals before the Appellate are regulated by the Press and Registration Appellate Board (Practice and Procedure) Order, 1961.