Hit Print Or Panic: India’s New Press Registration Of Periodical’s Act 2023

ABSTRACT

The 2024 World Press Freedom Day was celebrated with the theme of “A press for the planet”, highlighting the growing, deep and pervasive impact and importance of the press and media in the life of the global citizens. India, on its way to lead the global south as a “Vishwaguru” reckoned on the journey with an aim to revamp certain colonial era grundnorms. One of the latest was the revamp of the Press and Registration of Books Act, 1867 (1) (here in after “Old Act”) and the introduction of the Press and Registration of Periodical Act,  2023 (2)(here in after “New Act”). The New Act came into effect on 1st March 2024. The article will delve into analysing the new act and its unconstitutional provisions by bringing a comparision between the old and new act. To support this analysis the author shall analyse few other provisions namely the huge ambit of powers granted to Press Registrar General of India and centralisation of power, regulation of digital media and regulation on basis of classifying activities as “terrorist” and “anti-state activity”. This article will also delve deeper to connect recent incidents showcasing the misuse by the government to further showcase the detrimental effect the new rules can have on the rights of media and normal citizens. It not only discusses each definition and provision but also suggest ways to mitigate the negative effect and make this legislation which is the need of the hour a fitting legislation for every stratum of the nation.

INTRODUCTION

“To the press alone, checkered as it is with abuses, the world is indebted for all the triumphs which have been gained by reason and humanity over error and oppression.”

– James Madison(3)

Press freedom is the cradle of modern-day democracy. The presses has played a pivotal role in India since pre-independence era considering the contributions of Amrita Bazaar Patrika, Bombay Gazette and many more in the freedom struggle to popularise thoughts and movements amongst the masses. From the launch of Doordarshan in to several news channels and print media options media and press freedom has travelled a long and rocky terrain. India’s press freedom rank in the latest World Press Freedom Index is a troubling 159 out of 180 surveyed countries, continuing a concerning trend of several years. India’s troubling press freedom record stretches back several years, reflected in its persistently low ranking on the World Press Freedom Index. While the specifics of colonial-era legislation
and its successors are beyond the immediate scope of this discussion, its important to acknowledge that laws regulating press materials can influence what is published and therefore impact press freedom.

COMPARISON BETWEEN THE ACTS:

LOOPHOLES IN THE OLD ACT:

KEY CHANGES BROUGHT ABOUT BY THE NEW ACT:

1. GRANT OF TITLE ALLOTMENT AND CERTIFICATE OF REGISTRATION OF PERIODICAL
   Defining the procedures in Chapter IV 8 spanning across six sections (Section 7-13), the Act removed any requirement of furnishing an application before the local authority or its authentication and introduced a streamlined online process. Further, it also prohibits individuals convicted of any offence or terrorist activity from publishing. The publication of facsimile copy of a foreign periodical is allowed with prior approval from central government. The act provides for appointment of a Press Registrar General who will maintain a register of newspapers. Press General of India who will issue registration certificates to all such publishers, make guidelines for the admissibility of titles of periodicals, verify circulation figures of such periodicals and revise, re-register and suspend, if necessary, such periodicals.
2.  ONLINE NOTIFICATION IS NECESSARY:                                                                                                                                                                        Printing presses or printers of periodicals would be required to provide an online notification to the Press Registrar General and the local authority, and he is exempted from filing any declaration before the local authority thereby reducing the delays incurred.
3.  ROLE OF DM/LOCAL AUTHORITY:                                                                                                                                                                                        The act envisages minimal interference by the DM/Local Authority in issuing registration certificates and title allotment. Upon receiving an application, the DM is expected to issue either a No Objection Certificate, or any comments for changes within a time window of sixty (60) days. Subsequently, the PRG can make a registration decision irrespective of the furnishing of such NOC certificate or any comments from the DM. There is no onus on the publishers to file any application before the PRG.

CRITICAL APPRAISAL

“Every good ruler is anxious to afford every individual the readiest means of bringing to his notice whatever may require his interference. To secure this important objective the liberty of publications is the only effective means” 

– Raja Rammohan Roy, 1824(9)

The previous Press Registration and Books Act was incorporated to circumvented the intention of the Britishers to curb down the dissent after facing the brunt of the 1857 revolt. This was solely for English newspapers and hence was less controversial than the Vernacular Press Act of 1878 which was a much draconian legislation. After nearly 150 years, the New act incorporated by the current government appears to have the effect of curbing the growing dissatisfaction and dissent amongst the citizens.

REGULATION AND CONTROL OF “NEWS ON DIGITAL MEDIA”
The COVID 19 crisis brought the digital media into significant limelight. One of the most intriguing features of the new act is the provision that declares that rules of registration of “news on digital media” may be prescribed(10). While the question of media regulation is of utmost importance, it must be centred around two major pillars of concerns, namely: firstly, the government must not simply re-enact a colonial piece of legislation, but adapt it to adequately address new developments such as the advent of digital media, and secondly, the government should enact laws balancing not only publisher’s right to trade and profession but also freedom of speech and expression granted to the citizens of the nation.

CONCENTRATION OF POWERS IN THE HAND OF PRESS REGISTRAR GENERAL

The acts power to revoke a periodical’s registration at the discretion of the Press Registrar General, appointed by the central government, raises concerns about arbitrary enforcement. This lack of clear guidelines, particularly in relation to India’s golden triangle of fundamental rights (Articles 14, 19, and 21), creates a chilling effect on free speech and dissent. Furthermore, retaining the colonial requirement of registration and empowering a single individual with its control echoes the problematic ‘proprietor control’ of the past, where licensing and registration could be used to pressure publishers.

REGULATION ON BASIS OF “TERRORIST AND ANTI-STATE ACTIVITIES”

Section 4 (11) of the Act disqualifies any person convicted of an offence “for having done anything against the security of the state” or convicted under the Unlawful Activities Prevention Act, 1967 (12) from, “bringing out a publication”. While disqualification under UAPA might seem to be a narrow ground for disqualification, phrases such as “security of the state” has been used historically to curb down dissent, criticism and meet the ends of the ruling dispensations(13).  Further, by virtue of Section 11(4) (14) , allows the registrar to deny any right to bring out periodicals or cancel the registration of periodical to persons convicted of a “terrorist act” this could restrict press freedom by allowing broad discretion in denying publishing rights or revoking registration based on vague definitions of “terrorist acts”

CENTRALISATION OF POWERS

Section 5 (15) of the act creates the position of the press registrar general who will be appointed solely by the central government, and vests wide and extensive powers into such authority. This might indirectly empower the central government to appoint a person who will aid in meeting their desired ends and hence creates a cause for suspicion about the possible misuse of the authority and the powers. Further, Section 16 (16) of the Act mandates the press registrar to be bound by the central government on “questions of policy” and leaves the determination of what such “question of policy” would be at the disposal of the central government.

LEGISLATIVE DICHOTOMY IN DEFINING “SPECIFIED AUTHORITY”

Further, another worrisome feature apparent in Section 6(b) (17) gives the power to the press registrar general as well as any other “specified authority” to “enter into the premises of a periodical to inspect or take copies of relevant records or documents or ask any questions necessary for obtaining any information to be refurnished”. This not only gives extensive and intrusive powers to the press registrar general which can be exercised at their whim making it arbitrary and encroaching the freedom of speech. Also, in the definition section the term “specified authority” gives power to government agencies beyond the press registrars to carry out the functions of the registrars which could include the police or other law enforcement agencies that the central government might at its disposal use against media and publishing houses criticising them. Further, the intrusive and vague ambit of powers given in the act allows the registrar to further delegate its power without any clearly demarcated hierarchy which is deeply distressing (18).

EXAMINING THE INTERPLAY OF CENTRALIZATION AND SCRUTINIZED PUBLICATIONS

What forms the cornerstone of the architecture of media freedom is the intricate relationship between centralization of power and its impact on publications. History is replete with such instances where these two forces have clashed with profound implications for democracy. Centralization of power, by its inherent nature seeks to control the narrative regarding it often through the instrument of “scrutinised publication”. From the Soviet Union’s attempt to propagate their communist ideology to China’s “Great Firewall” technique to propagate their manifesto employing sophisticated tools to filter information and control the digital realm. Even liberal democracies like USA showcased government outreach on the control of press as showcased in the case of Pentagon Papers showing the loopholes in the administration of Vietnam by USA which later resulted in R.Nixon’s attempt to discredit the reporters for it.

The article in its second part explores the erosion of press freedom through government misuse of laws and regulations, including raids, arrests, and ambiguous terms like “anti-state activities”.  It highlights cases like NewsClick and Alt News to illustrate how such actions stifle dissent, promote self-censorship, and suppress critical journalism under the guise of national security.The article advocates for reforms such as judicial oversight, clear legal definitions, and multi-stakeholder consultation to safeguard press independence and uphold constitutional rights.

REFERENCE 

1.  The Press Registration and Books Act,1867. 
2. The Press Registration and Registration of Periodicals Act, 2023 §1. 
3. The Writings of James Madison. Edited by Gaillard Hunt. 9 vols. New York: G. P. Putnam’s Sons, 1900–
   1910. See also: Federalist.
4. The Press Registration and Books Act,1867 § 2. 
5. The Press Registration and Registration of Periodicals Act, 2023 § 2(d). 
6. The Press Registration and Books Act,1867 § 19C. 
7. The Press Registration and Books Act,1867 § 12.
8. The Press Registration and Registration of Periodicals Act, 2023, Chapter IV.
9. Vibodh Parthasarathi & Simran Agarwal. (2020) Rein and Laissez Faire: The Dual Personality of Media
   Regulation in India. Digital Journalism 8:6, pages 797-819.
10. The Press Registration and Registration of Periodicals Act, 2023 § 2(d).
11. The Press Registration and Registration of Periodicals Act, 2023 §4. 
12. The Unlawful Activities Prevention Act, 1967, § 10. 
13. Union of India v. K. A. Najeeb (2021) 3 SCC 713.
14. The Press Registration and Registration of Periodicals Act, 2023 §11(4).
15.  The Press Registration and Registration of Periodicals Act, 2023 §5.
16. The Press Registration and Registration of Periodicals Act, 2023 §16.

17. The Press Registration and Registration of Periodicals Act, 2023 §6(b).

18. Hamdard Dawakhana v. Union of India 1960 AIR 55