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Press And Registrations Of Periodicals Bill, 2023

Context: The Press and Registration of Periodicals Bill 2023 was recently passed by parliament, replacing the Press and Registration of Books Act 1867, a law from the colonial era.

Key Features Of Press And Registrations Of Periodical Bill, 2023

  • Removal Of Procedural Obstacles: Introduces a streamlined online system that concurrently handles title verification and registration for periodicals, thereby removing multiple submissions and approvals from both the District Magistrate’s (DM) Office and the Registrar of Newspapers for India (RNI).
  • Restriction from publishing periodicals: Individuals convicted of terrorism-related offences or acts against state security.
  • Facsimile Editions of Foreign Periodicals: The Bill permits the printing of exact replicas of foreign periodicals in India, subject to prior approval and registration with the Central Government and the Press Registrar General.
  • Printing Presses: Simplifies the process for publishers and printers by allowing a single application for both, and requires only an online notification from the Keeper of the Printing Press to the Press Registrar and District Magistrate, replacing the previous need for authentication by DM Office.
  • Reduced Role of District Magistrate/Local Authority: Primarily to provide feedback or a No Objection Certificate within 60 days of application receipt.
    • The Press Registrar General has the authority to proceed with registration decisions even if feedback or the No Objection Certificate is not received within this timeframe.
  • Removal of Declaration Requirement for Publishers: Publishers are no longer required to submit declarations to the District Magistrate under the new law.
  • Credible Appellate Authority: Introduces Press and Registration Appellate Board comprising the Chairperson of the Press Council of India (PCI) and two PCI members.
    • This Board will hear appeals against registration refusal, penalties, or suspension/cancellation by the PRG. Appeals must be filed within 60 days.

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Need For A New Law Of Press

  • Outdated Colonial Law: The Press & Registration of Books Act, 1867, a law from the colonial era, was primarily designed to regulate printing presses and newspapers, imposing harsh penalties including imprisonment for non-compliance.
  • Complex and Cumbersome Processes: The Act entailed a complicated and lengthy procedure that involved multiple state and central government offices, leading to delays and difficulties for publishers in operating newspapers.
  • Burdensome Declaration and Registration Requirements: Publishers were required to undergo a tedious process of making a declaration before a specified authority, obtaining its authentication, and then applying to the Press Registrar for Title Verification and subsequent Certificate of Registration.
  • High Pendency and Slow Processing: Due to the manual processing and verification of documents at both the District Magistrate’s Office and the Registrar of Newspapers for India, there was a significant backlog of registration applications, with processing times extending to several months or even over a year.
  • Disproportionate Penalties: The Act’s provisions for imprisonment, even for minor non-compliances, were incongruent with the values of independent India and its constitution.
  • Mismatch with Modern Media and Governance: The 1867 Act did not align with the evolving media landscape and the modern emphasis on rapid, efficient service delivery through technology, nor did it facilitate easy access for citizens.

Benefits of Press And Registrations Of Periodical Bill, 2023

  • Accelerated Title Registration: The process for title registration of publications will be expedited, cutting down the duration from the previous 2-3 years to a mere 60 days, greatly benefiting small and medium-sized publishers.
  • Central Role of the Press Registrar General: The Press Registrar General will be instrumental in speeding up the title registration process.
  • Streamlined Publisher Requirements: The new process removes the obligation for publishers to submit declarations to local authorities, simplifying the procedure.

Key Differences Between the PRB Act, 1867 and the PRP Bill, 2023

Aspect Press and Registration of Books Act, 1867 Press and Registration of Periodicals Bill, 2023
Registration of Periodicals Covers registration of newspapers, periodicals, and books, including cataloguing of books. Focuses solely on the registration of periodicals, defined as publications containing public news or comments on public news, but excludes books and scientific/academic journals.(administered by the Ministry of Human Resource and Development.)
Foreign Periodicals Not explicitly mentioned. Requires prior approval from the central government.
Declaration for Printing Presses Mandates a declaration specifying the printer/publisher to the DM, who then forwards it to the Press Registrar for issuing a registration certificate. Publishers can obtain a registration certificate by filing an online application with the Press Registrar General (PRG) and a specified local authority.
Registration of a Printing Press Requires a printing press to be declared before the DM. Information about printing presses can now be submitted through an online portal.
Appellate Authority Not specified in the 1867 Act. Introduces an Appellate Board (Press and Registration Appellate Board).

Other Press Regulations in India (Pre-Independence)

  • Censorship under Lord Wellesley (1799): Introduced due to fears of a French invasion, this policy imposed rigorous wartime press controls, including mandatory pre-censorship of content.
  • Relaxation by Lord Hastings (1818): Removed the requirement for pre-censorship of the press, a significant relaxation from the previous stringent controls.
  • Licensing Regulations by John Adams (1823): Enforced penalties for operating a press without a licence, later expanded to encompass various publications, notably affecting Indian language newspapers and leading to the shutdown of Rammohan Roy’s Mirat-ul-Akbar.
  • Press Act of 1835 (Metcalfe Act): Revoked the restrictive 1823 ordinance, earning Metcalfe the title “Liberator of the Indian press,” while requiring printers/publishers to make detailed declarations about their operations.
  • Licensing Act during the 1857 Revolt: Introduced additional licensing restrictions in response to the emergency of 1857, enhancing the government’s control over printed material circulation.
  • Vernacular Press Act, 1878: Aimed at controlling the vernacular press to suppress seditious writings and prevent communal discord, requiring vernacular newspaper publishers to pledge against anti-government or divisive content dissemination.
  • Newspaper (Incitement to Offences) Act, 1908: Authorised magistrates to confiscate press properties that published content inciting violence or murder, notably impacting Bal Gangadhar Tilak, a prominent nationalist leader.
  • Indian Press Act, 1910: Allowed local governments to demand security deposits at press registration, penalise non-compliant newspapers, and require free copies for examination, thus significantly curtailing press freedom with regulations akin to the Vernacular Press Act.
  • Indian Press (Emergency Powers) Act 1931: It was enacted to suppress political propaganda during the Civil Disobedience Movement. In addition to this, the Criminal Law Amendment of 1932 and the Official Secrets Act imposed further restrictions.
  • The Press Regulating Act of 1942 made the registration of journalists mandatory.

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