Despite being a statutory body, the Government and its authorities have been completely kept out of the nomination process except for publishing the notification in the official gazette of the names of the members nominated. Nor has it been left to any individual to decide, however eminent or highly placed he may be. A totally non-subjective procedure which leaves no scope for the interference or influence by Government or any other agency was evolved with remarkable ingenuity.
The scheme is in force since the enactment of the Press Council Act of under which the revived Press Council was set up in The objects of present Press Council are substantially the same as were laid down under the Act of and it is not necessary to repeat them here.
But the functions have undergone some change in that the three of the functions listed in the earlier Act were not included in the Act as they were considered to be burdensome for the Council to perform. These related to a promoting the establishment of such common services for the supply and dissemination of news to newspapers as may, from time to time, appear to it to be desirable; b providing facilities for proper education and training of persons in the profession of journalism; and c promoting technical or other research.
In addition, the Act of lists two new functions of the Council : I to undertake studies of foreign newspapers, including those brought out by any embassy or any other representative in India of a foreign State, their circulation and impact; and, ii to undertake such studies as may be entrusted to the Council and to express its opinion in regard to any matter referred to it by the Central Government.
The powers of the Press Council are provided in Section 14 and 15 of the Act as under :. Section Where, on receipt of a complaint made to it or otherwise, the Council has reason to believe that a newspaper or news agency has offended against the standards of journalistic ethics or public taste or that an editor or a working journalist has committed any professional misconduct, the Council may, after giving the newspaper, or news agency, the editor or journalist concerned an opportunity of being heard, hold an inquiry in such manner as may be provided by the regulations made under this Act and, if it is satisfied that it is necessary to do , it may, for reasons to be recorded in writing, warn, admonish or censure the newspaper, the news agency, the editor or the journalist, as the case may be :.
Provided that the Council may not take cognisance of a complaint if in the opinion of the Chairman, there is no sufficient ground for holding an inquiry. If the Council is of the opinion that it is necessary or expedient in public interest so to do, it may require any newspaper to publish therein in such manner as the Council thinks fit, any particulars relating to any inquiry under this section against a newspaper or news agency, an editor or a journalist working therein, including the name of such newspaper, news agency, editor or journalist.
Nothing in sub-section 1 shall be deemed to empower the Council to hold an inquiry into any matter in respect of which any proceeding is pending in a court of law. The decision of the Council under sub-section 1 , or sub-section 2 , as the case may be, shall be final and shall not be questioned in any court of law.
Summoning and enforcing the attendance of persons and examining them on oath; requiring the discovery and inspection of documents; receiving evidence on affidavits; requisitioning any public record or copies thereof from any court or office; issuing commissions for the examination of witnesses or documents; and any other matter, which may be prescribed. The Council may, if it considers it considers it necessary for the purpose of carrying out its objects or for the performance of any of its functions under this Act, make such observations, as it may think fit, in any of its decisions or reports, respecting the conduct of any authority, including Government.
The Act provides that the Council may, for the purpose of performing its functions under the Act, levy fee at the prescribed rates from registered newspapers and news agencies.
Apart from this, the Central Government has been enjoined to pay the Council by way of grant such sums of money as the Central Government may consider necessary, for the performance of its functions. The Council has been adorned by a galaxy of distinguished judges, eminent editors, leading newspaper owners and managers, well-known working journalists and leaders of journalistic movement and renowned litterateurs, lawyers and educationists. They were retired Judges of the Supreme Court.
All of them led the Council with a deep commitment to its philosophy and objects. The Council got its direction from them and amply benefited from their vast knowledge and wisdom. Some of the many eminent persons who have, till , served the Council as members are :. K K Srinivasa Iyengar, Prof. U R Anantha Murthy, Prof.
Indira Nath Choudhary. Many others have been Union Ministers with other portfolios. The Council discharges its functions primarily through the medium of its Inquiry Committees, adjudicating on complaint cases received by it against the Press for violation of the norms of journalism or by the Press for interference with its freedom by the authorities. There is a set procedure for lodging a complaint with the Council.
A complainant is required essentially to write to the editor of the respondent newspaper, drawing his attention to what the complainant considers to be in breach of journalistic ethics or an offence against public taste. Apart from furnishing to the Council a cutting of the matter complained against, it is incumbent on the complainant to make and subscribe to a declaration that to the best of his knowledge and belief he has placed all the relevant facts before the Council and that no proceedings are pending in any court of law in respect of any matter alleged in the complaint; and that he shall inform the Council forthwith if during the pendency of the inquiry before the Council any matter alleged in the complaint becomes the subject matter of any proceedings in a court of law.
The reason for this declaration is that in view of Section 14 3 of the Act, the Council cannot deal with any matter which is sub judice. If the Chairman finds that there are no suffecient grounds for inquiry, he may dismiss the complaint and report it to the Council; otherwise, the Editor of the newspaper or the journalist concerned is asked to show cause why action should not be taken against him.
On receipt of the written statement and other relevant material from the editor or the journalist, the Secretariat of the Council places the matter before the Inquiry Committee. The Inquiry Committee screens and examines the complaint in necessary details.
If necessary, it also calls for further particulars or documents from the parties. The parties are given opportunity to adduce evidence before the Inquiry Committee by appearing personally or through their authorised representative including legal practitioners.
On the basis of the facts on record and affidavits or the oral evidence adduced before it, the Committee formulates its findings and recommendations and forwards them to the Council, which may or may not accept them. Where the Council is satisfied that a newspaper or news agency has offended against the standards of journalistic ethics or public taste or that an editor or working journalist has committed professional misconduct, the Council may warn, admonish or censure the newspaper, the news agency, the editor or journalist, or disapprove the conduct thereof, as the case may be.
In the complaints lodged by the Press against the authorities, the Council is empowered to make such observations as it may think fit in respect of the conduct of any authority including government. The decisions of the Council are final and cannot be questioned in any court of law. It will thus be seen that the Council wields a lot of moral authority although it has no legally enforceable punitive powers.
The Inquiry Regulations framed by the Council empower the Chairman to take suo motu action and issue notices to any party in respect of any matter falling within the scope of Press Council Act. The procedure for holding a suo motu inquiry is substantially the same as in the case of a normal inquiry except that for any normal inquiry a complaint is required to be lodged with the Council by a complainant. For the purpose of performing its functions or holding an inquiry under the Act the Council exercises some of the powers vested in a Civil Court trying a suit under the Code of Civil Procedure, , in respect of the following matters, namely The Council expects the parties to cooperate with it in the conduct of its business.
The Council, in had proposed amendment of the Act, for empowering the Council to recommend to the authorities concerned, denial of certain facilities and concessions in the form of accreditation, advertisements, allocation of newsprint or concessional rates of postage for a certain period in the case of a newspaper which was censured thrice by the Council.
In the year , the Council reconsidered the matter and after detailed deliberations, decided to withdraw its proposal for penal powers because it was of the reconsidered opinion that in the prevalent conditions these powers could tend to be misused by the authorities to curb the freedom of the Press.
In response, the Council has consistently taken the view that the moral sanctions provided to it under the existing scheme of the Act are adequate. The suggestion was repeated by the Union Minister for Information and Broadcasting in his inaugural address to the International Conference of Press Councils held in New Delhi in October, , but the Council unanimously rejected it with the following reasoning Having considered the matter in depth, the Council felt that the moral authority presently exercised by the Council is quite effective and the Council does not need any punitive powers in showing the Press the path of self-regulation.
The Council, however, decided that if the newspaper is censured twice for any type of unethical writings within a period of three years, copies of such decisions should be forwarded to the Cabinet Secretary to the Government of India and to the Chief Secretary of the concerned State Government for information and such action, as may, in exercise of their discretion, be deemed to be appropriate in the circumstances of the case. The Council decided that that the period of three years will be taken as preceeding three years counted backwards from the date of the second censure.
Since its establishment in , the Council has rendered several momentous adjudications and issued guidelines which may have a lasting impact on the press in the country. The following are some of the important cases in which adjudications have been pronounced.
The details are given at annexure A Government of Orissa Vs. Desh, Calcutta Weekly A. Shri Shopat Singh Makkasor Vs. Investigative Reporting. Obscenity and Bad Taste.
Right to Privacy. Cyrilla-Superior Franciscans of St. Placido Fonseco Vs. Right to Reply. Pre-Publication Verification. Searchlight Versus Deputy Commissioner of Ranchi. Dainik Janambhumi Versus Government of Assam. Admn, UP 15 th AR A study of these adjudications would show that the Council has been unquestionably successful in its efforts towards achieving the objects set before it of not only preserving the freedom of the press but also ensuring that the standards of journalism are maintained and improved.
The moral impact of the Council has come to be widely recognised. The tremendous increase in the number of complaints from 80 in to in is ample proof of the faith expressed by mediamen and the public alike, in the working, importance and need for a body like the Council at the helm of the fourth estate. Section 13 2 b of the Press Council Act, , enjoins the Council to build up a Code of Conduct for newspapers, news agencies and journalists in accordance with the high professional standards to help and guide the newsmen.
Building of such a Code is a dynamic process which has to keep pace with time and events. The expression "build up" indicates that the code may be evolved by the Press Council on case by case basis through its adjudications. Since there has been a continuous increase in the institution of complaints and their disposal by the Press Council with consequent acceleration of the process of building up the code.
In , the Council brought out " A Guide to Journalistic Ethics" containing principles of journalistic ethics culled out from the adjudications of the Council and the guidelines issued by it in their wake. As several more decisions of far reaching importance relating to the rights and responsibilities of the press have been rendered since then by the Council, a page elaborate and comprehensive second edition of the guide has been issued.
It also deals with the concept of right to privacy and lays down the guidelines to be followed in this behalf. The law of defamation has also been dealt with in some of its aspects for the guidance of the press, public servants and public figures.
The Council has in an important adjudication respecting alleged defamation of public officials of a Municipal Committee held that the remedy of action for damages against the Press or the media is simply not available to public officials with respect to their acts and conduct relevant to the discharge of their official duties, even if the publication is based on facts and statements which are not true, unless the official establishes that the publication was made with reckless disregard for the truth.
In such a case it will be enough for the defendant member of the press or media to prove that he acted after a reasonable verification of the facts; it is not necessary for him to prove that what he has written is true.
But where the publication is proved to be false and actuated by malice or personal animosity, the defendant would have no defence and would be liable for the damages. However, a public official enjoys the same protection as any other citizen in matters not relevant to the discharge of his duties. Of course, judiciary and Parliament and State Legislatures represent exception to this rule as the former is protected by the power to punish for.
The Council has further held that this does not mean that the Official Secrets Act, or any similar enactment or provision having the force of law does not bind the press or media. However, in matters of personal privacy. This Guide as a whole suggests a way of steering safely and responsibly through the minefield of legal, moral and ethical problems which confront the editors, journalists and owners of newspapers everyday.
The Guide is not a compilation of cast-iron principles but contains broad general principles, which, if applied with due discernment and adaptation to varying circumstances of each case, will help the journalists to self-regulate the conduct of their profession along the path of professional rectitude. These are by no means exhaustive nor are they meant to obtain a rigidity which could hinder the unfettered working of the Press.
Some of the broad principles evolved by the Council in course of its adjudication on various subjects both in respect of standards of journalism and the freedom of the Press are summarised as under:.
Scurrilous and inflammatory attacks should not be made on communities and individuals. Any news on communal events based on rumours will be violative of the journalistic ethics.
Similarly, distorted reporting making important omissions will not be correct. While it is the legitimate function of the Press to draw attention to the genuine grievance of any community with a view to seeking redress in a peaceful and legal manner, there should be no invention or exaggeration of grievances, particularly those which tend to promote communal discord.
Defaming a community is a serious matter and ascribing to it a vile, anti-national activity is reprehensible and amounts to journalistic impropriety. There is no impropriety in publishing historical facts in order to warn the present generation against repetition of past mistakes even though these mistakes may not be palatable to a particular community.
There is no objection in making statements about religious communities if they are couched in temperate language and are not exaggerated or incorrect. Some of the principles evolved by the Council through its adjudications in respect of journalistic impropriety are:.
Any matter discussed or disclosed in confidence ought not to be published without obtaining the consent of the source. If the editor finds that the publication is in the public interest, he should clarify it in an appropriate footnote that the statement or discussion in question was being published although it had been made "off the record".
An advertisement containing anything unlawful or illegal, or the one which is contrary to good taste or journalistic ethics or propriety should not be published. Proper care should be taken by newspapers in maintaining accuracy in respect of quotations. Where a newspaper is charged with violation of journalistic ethics, a plea that it has ceased publication will afford the editor no defence, since it is his conduct which is subject of the complaint.
The meaning of taste varies according to the context. For a journalist it implies that "which on grounds of decency or propriety he should not publish". Where a matter has "a tendency to stimulate sex feelings" its publication in a journal meant for the lay public, young or old, undesirable. Exploitation of sex falls short good taste. Public taste is to be judged in relation to the environment, milieu as well notions of taste prevailing in contemporary society.
The basic test of obscenity is whether the matter is so gross or vulgar that it is likely to deprave or corrupt. Another test is whether depiction of the scene and language used can be regarded as filthy, repulsive, dirty or lewd. Whether a story is obscene or not, will depend on such factors as literary or cultural nature of the magazine, and the social theme of the story. The relevancy of a picture to the subject matter of a magazine or a paper has a bearing on the question whether the matter published falls below the standards of public taste.
One of the relevant factors for judging whether the picture falls below the standard of public taste will be the purpose or nature of the magazine - whether it relates to art, painting, medicine, research or reform of sex.
The Press Council expressed concern over the increasing instances of obscene advertisements in the print media. It was opposed to censorship but favoured preventive steps to check any obscene material at pre-publication stage. Since most of such advertisements are routed through advertising agencies, the Council felt that this task should not be difficult if these agencies were to exercise more caution and restrain in preparing and releasing the advertisements that may be considered objectionable to family viewing by an average citizen.
It felt that the Association of Advertising Agencies of India as an Umbrella organisation of all these advertising agencies could play a very meaningful and positive role in the matter and sought its cooperation to contain advertisements that are likely to damage the socio-cultural ethos of the country in the longer run. The Council appealed to the newspapers also to carefully scrutinize the advertisements received by them either directly from the advertisers or through the advertising agencies and exercise a self-restraint by rejecting such advertisements as may be considered obscene and objectionable.
It has also reiterated the following guidelines framed by it to counter against obscene publication. Other relevant considerations are whether the picture is relevant to the subject matter of the magazine.
That is to say, whether its publication serves any preponderating social or public purpose, in relation to art, painting, medicine, research or reform of sex. The prime principle that emanates from the various adjudications on this subject upholds the editors discretion in publication of letters. He would, however, be expected to voluntarily rectify an incorrect statement or report on a matter of public nature; the general reader can claim a locus standi on the basis of the public right to know.
Reconstitution 14th Term. Finances of the Council Notice regarding descriptive examination for the post of Assistant Section Officer. Sep 29, Press Council of India takes suo-motu cognizance on the alleged attack on media houses in Tripura during a political rally. Sep 28, Corrigendum regarding notification dated 03rd August, for filling up of the post of PPS in Press Council of India on deputation basis on Foreign Service terms and conditions.
Sep 04, Minutes of the Meeting dated Aug 23, Notice regarding examination for the post of Assistant Section Officer. Danish Siddiqui working for Reuters news agency. Jul 19, The Gazette Notification dated Jul 16, Press Council of India takes suo-motu action against the Dainik Jagran, Delhi for publication of misleading advertisements.
Jul 06, Suo-motu cognizance with regards to publication of a advertisement in the garb of news by the Dainik Jagran, New Delhi. Jul 02, Notice regarding skill test for the post of Stenographer Grade D. Jul 02, Notice regarding cancellation of tender dated Jun 28, Suo-Muto cognizance with regard to publication of an advertisement in the form of news by the Hindustan Times, New Delhi.
Jun 25, Press Council of India takes suo-motu action against the Hindustan newspaper, New Delhi for publishing stories in form of news which appears to be advertisement. Jun 25, Suo-Muto cognizance with regards to publication of a advertisement in the form of news by the Dainik Jagarn, New Delhi. Jun 24, Press Council of India takes suo-motu cognizance with regard to publication of front page advertisement in garb of news by Hindustan newspaper, New Delhi. Jun 24, Suo-motu cognizance with regards to publication of advertisement in the garb of news by the Times of India, New Delhi.
Jun 22, Notice regarding skill test for the post of Stenographer Grade 'D'. Jun 19, Suo-motu cognizance with regards to publication of advertisement in the form of news by the Outlook, Hindi magazine, New Delhi. Jun 07, Result of examination for the post of Junior Translation Officer. Jun 03, Minutes of meeting of the Press Council of India held on 20th, 21st, 24th and 28th May, through virtual mode. Jun 01, Press Council of India calls for a Report from the Government of Delhi concerning its interference and curtailment of the Right to Report of the journalists.
If a newspaper or journalist is aggrieved by any action of any authority that may impinge on the freedom of the press, he can also file a complaint with the Council. The aggrieved newspaper or journalist may inform the Council about the possible reason for the action of the authorities against him i. Declaration regarding the non pendency of the matter in any court of law is also necessary.
On receipt of a complaint made to it or otherwise, if the Council is prima facie satisfied that the matter discloses sufficient ground for inquiry, it issues a show cause notice to the respondents and then considers the matter through its Inquiry Committee on the basis of written and oral evidence tendered before it.
If on inquiry, the Council has reason to believe that the respondent newspaper has violated journalistic norms, the Council keeping in view the gravity of the misconduct committed by the newspaper, warns, admonishes or censures the newspaper or disapproves the conduct of the editor or the journalist as the case may be.
The Council may, if it considers necessary, make such observations, as it may think fit, in any of its decisions or reports, respecting the conduct of any authority, including Government.
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