Unit I
Unit I
Prior to After
Indepe Indepe
ndence ndence
Father of Indian Journalism:
James Augustus Hickey
• In 1780, when he launched the Bengal Gazette
from Calcutta, newspapers as a medium of
mass communication were unheard of in
India.
• Through the Gazette, Hickey introduced
Indians to factual reporting of political,
economic and cultural events of the time.
BENGAL GAZETTE,
Serumpore in 1780
• Journalism in India began in the days of the East
India Company, the predecessor of the Crown, with
the publication of malicious gossip about the
public and private life of the ruling classes. To
start with, papers were published by British
expatriates which catered only to the British living
in India. In fact the first champion of free speech
in India were Englishman who cocked a snook at
the establishment, braving persecution for bold
and fearless criticism of company Raj.
• Bangal Gazette of the irrepressible James August
Hicky, a four page weekly with advertisements
started appearing from Serumpore in 1780.
• Hicky made a scurrilous attack on the servant of
East India Company, not sparing even Governor
General Warren Hasting and the Chief Justice of the
East India Company.
• Regarded as the father of Indian Journalism, he set
the tone for free press as an adversial Watchdog of
authority. He faced consequences for the same and
convicted for defamation and imprisoned.
Eventually he died in penury.
• During the 18th century, no laws were laid
down to regulate the press. The government
however penalized offending newspapers by
denial of Postal facilities, libel action,
deportation of an yielding editors and
arbitrary pre-censorship.
Prior to Independence
• Regulation of 1799: The first real attempt to
control the press in 1799 with Governor
General Wellesley issuing a set of regulations.
The immediate provocation appears to have
been article in the Asiatic Mirror drawing a
detailed parallel between the strength of East
India Company courses and those of the
powerful Tipu Sultan from the South,
perceived as one of the great threat to the
company.
• This first legal restrictions which effectively
pre-censored the fledgling newspaper
publishing sector. In this every news paper
was required to carry the name of printer,
editor and proprietor who were to declare
themselves to the Secretary to the
Government and submit all material
published in the news paper to his prior
scrutiny.
• Adam’s Regulation of 1823: This ordinance
required that every news paper, journal,
pamphlet or printed matter in any language
obtain a license authorizing publication from
the Governor General in council. This license
was liable to be cancelled after notice by the
authorities.
• Metcalfe’s Act of 1835:
• Governor General Lord Bentinck and Charles
Metcalfe were liberal and adopted far more
relaxed attitude toward the press. This law
abrogated the requirement of licence for the
purpose of starting a Publication, and it was
enough that a declaration of such an
intention was made before a magistrate and
the place of Publication was mentioned.
Once this was done a newspaper could be run
without any further formality.
Lord Canning’s Act of 1857:
The native press blossomed and flourished under
Metcalf's liberal regime. The effect of this Liberty
work evidence from the build up of nationalist
fervour for the first time on the eve of revolt of
1857.
Post-revolt, there was a sharp divide and the
atmosphere charged with racial hatred found
expression in the press. Canning re-introduced
licensing under the Act of 1857 and it did not
discriminated between European and Indian
publication and imposed an across the board
prohibition.
INDIAN PENAL CODE, 1860:
When the Indian Penal Code was drafted by Lord Macaulay,
Lord Canning, the First Viceroy suggested the omission of
section dealing with Sedition. In the original draft of IPC
section 124-A was not there and it was only introduced
through the backdoor (Amendment) in the Code later in the
year of 1870 .
The Indian Penal Code made the offences of defamation
and obscenity punishable. Section 153-A section 154-B and
295A which dealt with offences promoting enmity
between different classes, making imputations or
assertions prejudicial to national integration, and outraging
religious feeling were also subsequently added to the Code.
Registration of Books Act, 1867:
It was merely a regulatory law which enabled
the government to regulate printing presses and
newspaper by a system of registration and to
preserve copies of books and other material
printed in India. The idea was to prevent
publication of anonymous literature.
VERNACULAR PRESS ACT, 1878:
This Act was enacted during the reign of Viceroy
Lytton, was undoubtedly one of the most repressive
of the press legislation past during this period. This
was the first of the press laws specifically directed
against newspapers published in the Indian
languages. Justifying the discrimination, the
government argued that the Vernacular papers
were “circulated among the people over likely to
believe anything they read whereas those who
could read English papers were capable of judging
the content themselves”.
Introducing the Bill, the law member said:
“There is a large and increasing number of
native newspapers which would seem to exist
only for the sake of spreading seditious
principle, of bringing the government and it's
Europeans officers into contempt and of exciting
antagonism between the governing race and
the people of this country. This description of
writing is not a recent growth but there had
been a marked increase in it of late and
especially during the last three or four years.
(continued..)
• During the past 12 months, it has been worse than
ever, the writers gaining in boldness as they find that
their writings are allowed to pass unpunished. Their
principle topics are injustice and tyranny of the British
government in utter wants of consideration towards
its native subjects and the insolence and pride of
Englishman in India both official and non official... Of
late a beginning has been made in the direction of
inciting the people to upset the British Raj; by
denunciation, sometimes open, sometimes covert of
the alleged weakness and timidity of the English and
their inability to maintain their present position
India.”
• The Act which was aimed at suppressing seditious
writings required that all Indian owners of
newspaper furnish a bond of Rs.10000 while
registering their paper with the registrar and
undertake not to publish any "objectionable
material". The Act introduced the concept of
security deposit which could be forfeited if, in the
opinion of the government, the Undertaking was
violated. To make it worse, a publisher did not
have recourse to a court of law to challenge the
order of forfeiture of deposit or confiscation of
the ‘bjectionable material’.
• The Vernacular Press Act aroused fierce
indignation and protest all over the country
and it ended up having the counter productive
effect of mobilizing and strengthening public
opinion in favour of free press.
• Lord Lytton resigned in 1880 with liberal
government under the Gladstone coming to
power in England. The Vernacular Press Act
was repealed in 1881.
• Criminal Procedure Code,1898:
• Although it was general law pertaining to
criminal matters it contained some matters of
interest to the press. Section 108, particularly
after insertion of sections 99-A and 99-G
conferred powers upon the government to
search and forfeit publications which
offended the provisions of section 124-A,
153-A or 295 of IPC.
Official Secrete Act, 1889
• This Act was the first major after the repeal of Vernacular
Press Act to affect the freedom of press. It was a reaction
to a number of official secrets being leaked to the press.
The Act exposed the Indian owned press to further
oppression as the government was to decide as to
whether the material was confidential or not.
• In the original Act a person who was in possession of
military secrets could not be prosecuted unless criminal
intention was proved. By the way of amendment this
impediment was removed and the government was
spared the burden of proving the intention of the
accused.
• This amendment became subject matter of much criticism
by the Vernacular and Anglo section press.
NEWS PAPERS (INCITEMENT OF OFFENCES) ACT, 1908
• On 22nd June 1897, as celebrations were on to mark the
diamond jubilee of Queen Victoria, plague officer Walter
Rand and his assistant were shot dead in Pune. The
assassin confess that he was driven to the deed after
reading an account on Shivaji by Bal Gangadhar Tilak in
Kesari. Tilak was arrested and sentence to 18 months on
charges of sedition.
• After the conviction of Tilak, an amendment was made in
the definition of the word "disaffection" by introducing into
the IPC the word "hatred" "enmity", and "ill-will".
• This Act was used to prosecute newspapers all over the
country including up Bombay and Madras.
Indian Press Act, 1910
• Not satisfied with the result of the previous
enactments, and even more repressive law was
enacted for the better control of the press. This
Act empowered the government to require the
deposit of security by the keeper of any press
which contains matter inciting sedition, murder
or any offence under The Explosive Substance
Act and also provided for the forfeiture of such
deposit in specified contingency. No forfeiture
could be questioned except in the High Court.
Press Law Repeal and Amendment Act,
1922
• The Rowlatt Act of 1918 inflicted new terrace on
the press. The Jalianwala Bag massacre of 1919,
involving the killing of unarmed civilian by the
government, provoked unprecedented outrage in
the press. Under this Act the enactment of 1908
and 1910 were repealed with a view that the
purpose of these Act would be served by
incorporating the provision of the Act of 1910 of
Seizure and confiscation of seditious Publication in
other existing legislation by suitable amendments.
Indian Press (Emergency Powers)
Ordinance, 1930
• In this ordinance the Government was empowered to
demand security deposits from presses accompanied
by the threat that deposits would be forfeited if any
objectionable matter was published. The maximum
demand on a journal went upto R. 30,000/- and
almost 450 newspaper failed to pay the deposit out
of sheer financial incapacity. In 1935, action was
taken against 72 news paper and a total of over 10
million was demanded as security. Only 15 papers
were able to furnish the required security.
Indian Press (Emergency Powers) Act, 1931
• This Act was aimed at curtailing the freedom of the press. The
very Preamble to the Act, “for the better Control of the Press”
was offensive. The Act empowered a provincial government
to direct a printing press to deposit a security, which was
liable to be forfeited if the press published any matter which
was objectionable; for instance bringing the government into
hatred or contempt or inciting feelings of hatred and enmity
between different classes of subjects. Such a system of
executive control on the press was alien even to England
where democratic norms flourished. The Act was repealed
and replaced after Independence by the Press (Objectionable
Matters) Act, 1951.
Speech and The Constituent Assembly
Debate
On 13 December 1946, the constituent Assembly of India
adopted the historic objectives resolution. The Assembly declared
in its resolution it’s firm resolve to draw up a constitution
guaranteeing, inter alia, freedom of speech and expression.
An advisory committee was appointed on 24 January 1947 to
frame provisions relating to fundamental rights and allied
subjects. It submitted an interim report in which, inter alia, the
freedom of speech and expression was mentioned in clause 8 of
the 24 clauses. This interim report underwent much debate.
Many members were protesting that the restriction on these
rights in the form of safeguards were excessive and rendered the
rights conferred practically ineffective.
• On 29 August 1949, the Drafting Committee
was appointed to prepare a constitution in
accordance with the decisions of the
constituent Assembly on the reports made by
various committees appointed by it. Article 13
(which later came to be passed as Article 19)
was criticized as being riddled with so many
exceptions that the exception had eaten up
the rights altogether.
• In the opinion of Critics the fundamental rights are
not fundamental rights unless they are also absolute
rights. The Critics rely on the Constitution of United
States and to the Bill of Rights embodied in the first
ten Amendments to that Constitution in support of
their contention.
• Dr. Ambedkar explained that it was not as if the
rights under the US Constitution were absolute or
unbridled. What the draft Constitution did was to
define the limitation on the fundamental rights
instead of depending on the Supreme Court to come
to the rescue of Parliament. There was no difference
in the result, explained Ambedkar. One did directly
what other did indirectly.
Demand on Separate Right to Press
• Some members, in particular, Damodar Swarup Seth and
K.T. Shah demanded that provision should be made for the
freedom of the Press separately from the freedom of
expression afforded to the Citizen. But on this demand Dr.
Ambedkar responded that the press is merely another
way of stating an individual or a citizen. The press has no
special rights which are not to be given or which are not
be exercised by the Citizen in his individual capacity. The
editor of a press or the manager are all citizens and
therefore when they chose to write in newspapers, they
are merely exercising their right of expression and in my
judgment therefore no special mention is necessary of the
freedom of the press at all.
• Finally, when the amendments were put to
vote, there emerged no separate right for the
press under Article 13. This Article finally
passed as Article 19 of the Constitution of
India which came into force on 26 January
1950.
• Article 19(1)(a) of the Indian
Constitution guarantees the right to freedom
of speech and expression for all citizens.
Reasonable Restriction
• (2) Nothing in sub clause (a) of clause ( 1 ) shall
affect the operation of any existing law, or prevent
the State from making any law, in so far as such law
imposes reasonable restrictions on the exercise of
the right conferred by the said sub clause in the
interests of the sovereignty and integrity of India,
the security of the State, friendly relations with
foreign States, public order, decency or morality or
in relation to contempt of court, defamation or
incitement to an offence.
Reasonable Restrictions
1) In the interests of the sovereignty and integrity of
India,
2) The security of the state,
3) Friendly relations with foreign states,
4) Public order,
5) Decency or morality or
6) In relation to contempt of court,
7) Defamation or
8) Incitement to an offence.
Objects of Newspaper
• “One of the objects of a newspaper is to
understand the popular feeling and give
expression to it, another is to arouse among
the people certain desirable sentiments, and
the third is the fearlessness to expose popular
defects.” — Mahatma Gandhi.
Post Independence
• In 1947, after the Indian National Congress
took control, India was proclaimed an
independent state.
• The existing media law was the subject of an
investigation and suggestions from the "Press
Law Enquiry Committee, 1947."
• Section 124-A of the IPC was amended, and
the "Indian Press (Emergency Powers)
Act," and "Foreign Relations Act," were
repealed.
• Both the Post Office Act of 1898 and the
Telegraph Act of 1885 were amended.
• To somewhat regulate the press, the "Press
(Objectionable Matters) Act, 1951" was
passed; nevertheless, it was repealed in 1957.
• The establishment of the "Press Commission
of India, 1952" resulted in the growth of
the "Press Council of India."
• Post independence the freedom of press and
media is restrained by, first the constitutional
reasonable restrictions prevailing in Article
19(2) of the Indian Constitution, secondly by
legislative enactments, and lastly by certain
autonomous bodies created under those
legislative enactments.
• Some of these self regulating bodies are
empowered to put reasonable restrictions on
the press and media, by way of imposing rules
or by prescribing procedure to be followed by
the press and the channels of the media such
as NBA.
General legislations
i. The Indian Penal Code 1860.
ii. The Indian Telegraph Act 1885.
iii. The Unlawful Activities (Prevention) Act
1967.
iv. Monopolies and Restrictive Trade Practices
Act 1969.
v. Information Technology Act 2000.
Specific Legislations
1) The Press and Registration of Books Act 1867
2) The Official Secrets Act 1923
3) The Cinematograph Act 1952.
4) Drug and Magic Remedies (Objectionable
Advertisement) Act 1954.
5) The Newspaper (Prices and Pages) Act 1956
6) The Copyright Act 1957.
7) Prevention of Publication of Objectionable
Matter Act, 1976 (repealed in 1977)
8) Press Council Act 1978
9) Prasar Bharati Corporation Act 1990.
10)Cable Television Networks Act 1995.
11)Right to Information Act 2000.
Statutory Bodies
(a) Ministry of Information and Broadcasting
(b) Press Council Board.
(c) Press Information Bureau
(d) Registrar of Newspaper for India
(e) Telecom Regulatory Authority of India
(f) The Advertising Standard Council of India
(g) Directorate field publicity.
(h) Central Board of Film Censors