Press and periodicals Bill 2023: Why it was brought in, differences from 1867 Act
Context- The Press and Registration of Periodicals Bill, 2023, was approved in the Lok Sabha on December 21, following its passage in the Rajya Sabha on August 3, despite opposition protests. The Bill aims to replace the Press and Registration of Books Act, 1867, and introduces a distinctive clause that prohibits individuals convicted of terrorism or illegal activities, or those who have compromised state security, from publishing periodicals. A periodical is defined as any regularly printed publication, excluding books or journals, that includes public news or commentary on such news.
Why was this Bill brought in?
- The Bill’s Statement of Objects & Reasons outlines three primary motivations for its enactment. Firstly, it aims to promote the “ease of doing business.” Secondly, it seeks to eliminate “unnecessary procedural hurdles” for publishers. Lastly, it intends to relieve publishers and printing press owners from the obligation of submitting a declaration to the District Magistrate (DM) and updating it whenever there are changes in its details.
- When the Bill was presented in the Lok Sabha, Anurag Thakur, the Minister for Information and Broadcasting, stated that attempts have been made to decriminalise the colonial-era law by substituting imprisonment with monetary penalties for certain infractions.
- Highlighting the ease of doing business, he further mentioned that the title registration process, which previously took 2-3 years, will now be completed in 60 days.
How is this Bill different from the 1867 Act?
Books:
- The Act of 1867 was established to regulate printing presses and newspapers, preserve copies of books and newspapers printed in India, and register them. However, the 2023 Bill excludes books from its scope as they fall under the jurisdiction of the HRD Ministry.
Penalties:
- The 2023 Bill aims to decriminalise the colonial-era law by substituting imprisonment with fines and establishing an appellate mechanism led by the Chairman of the Press Council of India.
- The Appellate Board, which includes the PCI chairman and two PCI members, will hear appeals against registration refusal, penalty imposition, suspension, or registration cancellation.
- The 1867 law imposed up to six months of imprisonment for offences such as operating a press without declaration, making false statements, and breaching printing or publishing requirements under Section 3.
- The new law replaces all such penal provisions with fines, except one. Section 14(4) imposes a six-month imprisonment for anyone who fails to stop publication even after six months of receiving directions or those publishing without a registration certificate.
- The maximum limit of fines has been significantly increased — from Rs 2,000 to Rs 5 lakh.
Shift in power:
- The new Bill transfers all authority from the DM to the Press Registrar General, a newly established position. While the 1867 Act included a “Press Registrar” or a “Registrar of newspapers for India” appointed by the Centre, its powers were restricted, unlike the PRG’s under the new law.
- Sections 5 and 6 of the Bill outline the PRG’s roles and powers, respectively. The PRG is responsible for tasks such as issuing registration certificates to periodicals, maintaining records of registered periodicals, collecting application fees, and distributing the Centre’s funds for the Act’s implementation, among others.
What is the process of declarations and registration?
- Under the 1867 Act, a declaration detailing the printer or publisher had to be submitted to the DM, who would then forward it to the Press Registrar for the issuance of a necessary registration certificate for publication.
- This process was considered “lengthy” and “burdensome” under the new Bill. Importantly, publishers will no longer need to submit a declaration to the DM or local authorities. Instead, printing presses can provide an online “notification” in place of a declaration.
- A significant modification is that publishers and printers will not have to submit separate applications, as the Bill permits the concurrent processing of title allotment and registration applications.
- Upon the submission of a registration application, the “designated authority” must provide its non-objection or feedback on the application within 60 days prior to submitting an application to the PRG, who ultimately determines the registration grant.
- Interestingly, the requirement for such authority’s non-objection has been waived for the registration of periodicals intended to be published by the government.
What is the UAPA provision?
- According to Section 4’s proviso, individuals convicted of a “terrorist act” or “unlawful activity”, or those who have acted against state security, are prohibited from publishing a periodical. These terms are defined in clauses (k) and (o) of Section 2(1) of the Unlawful Activities (Prevention) Act, 1967.
- A “terrorist act” refers to actions intended to threaten or likely to threaten India’s unity, integrity, security, economic security, or sovereignty, or actions intended to instill terror among people. “Unlawful activity” refers to actions by individuals or groups advocating for secession, separatism, or disruption of sovereignty or integrity.
- In summary, the new law prohibits individuals involved in terrorist activities or actions against state security from publishing periodicals.
Conclusion- The Press and Registration of Periodicals Bill, 2023, represents a significant shift in India’s media landscape. It aims to modernize the colonial-era law by simplifying procedures, promoting ease of doing business, and introducing an online system for registration. The Bill also seeks to decriminalize certain offenses by replacing imprisonment with fines.
The impact of these changes on the freedom of the press and the ease of doing business in the media sector will be seen in the coming years.