This paper will discuss and analyze the new bill recently passed in Parliament named “the press and registration of periodicals bills 2023”. The Press and Registration of periodicals Bill, 2023 (PRP Bill) is a new bill that simplifies and modernize the registration process for publications. The bill simplifies and streamlines the registration and simultaneously title assignment processes for publications. The bill recently was passed in Lok Sabha on 21 December 2023. The paper will further delve with need of the bill, therefore why the bill was introduced and what Impact it will have on the Society.
KEY WORDS
Periodicals, Registration, Publication, Press, Titles
INTRODUCTION
Before passing of this bill, the process of Registration of Magazines, Newspaper etc. are regulated by laws which were passed in colonial Era. And during that time, britishers believed having control over press so they made the whole process of registration tedious and tiresome. So to get rid of the time consuming process, BJP led government introduced this bill to simplify and digitize the process of registration. It seeks to replace “the press and registration of books act, 1867”. It made laborious 2-3 years of registration of process into merely 60 days. It also widens the scope of government to keep checks on functioning of the newspaper and magazines comparatively to the existing law. This act also simplified many punishments to fine from imprisonment and has provided imprisonment in very certain cases. Any magazine that publishes public news or commentary on public news on a regular basis—aside from books and journals—is referred to as a periodical. The Bill calls for periodicals, which include any publication that offers commentary on or public news, to be registered. Books and academic and scientific journals are not included in periodicals. On the other hand, the statute allows books, magazines, and newspapers to be registered. It also included provisions for book cataloging. There are certain Registration protocols envisaged within the act like allows publishers of periodicals to register online with designated municipal authorities and the Press Registrar General. The act also includes provisions related to who are barred from making publications like individuals who are convicts of terrorism or action against the state security.
This research paper seeks to have a comprehensive understanding of the bill and also try to understand the impact of the bill and how it differentiates from the previous act.
RESEARCH METHODOGY
The research methodology used in this paper is doctrinal and empirical research. This paper is descriptive in nature. It is a textual analysis of the legal act and Literature review (this is a review of secondary sources on the act).
REVIEW OF LITERATURE
In 1867, the press and registration of books Act was passed in British India. This Act requires the book’s printer to give one free copy to the state government in question and one or more copies to the federal government. Keeping a record of the books that were being distributed throughout India was the main reason behind the enactment of this Act. Every state government was required to create an extensive book catalogue that included all necessary bibliographic information. Every quarter, a catalog that included every book on the list was required to be produced. This allowed libraries to receive free copies of the books and maintained an ongoing record of all printed materials in the count. The Act is non prohibitory, meaning that it neither creates governmental control over press freedom nor forbids printing presses from operating. But the Act was a regulatory statute that gave the government control over printing presses, newspapers, and copies of books and other materials created in India through a registration system.
BRIEF HISTORY OF THE PRESS AND REGISTRATION OF BOOKS ACT, 1867-
At the time there was a emergence of printing press and the following field started taking the entire shape. Due to boom in printing press, those who were related to the field like indulged in writing, publishing, and printing, came up with the idea to keep records of publication. Authorities made an attempt to keep record of the publications coming throughout the India. The board of directors of East India Company issued directions that all the prominent works should be send to England for keeping a record in library of India house. The whole process turned out to be laborious and inefficient. Again, the instructions were repeated to the Indian publisher with some changes like the catalogues of the work created in India should be sent to England but the concept of Voluntary registration failed. It was clear till that point that there is a need of establishing the system of compulsory sale to government is needed in India. In order to accomplish this goal, a bill was presented to the Legislature that would regulate printing presses and newspapers, preserve copies of books and magazines that included news that were published throughout India, and register these publications. The Bill was passed by the Legislature and it came on the statute book as the Press and Registration of Books Act, 1867.
THE PRESS AND REGISTRATION OF PERIODICALS BILL,2023-
The Statement of Objects & Reasons for the Bill states that it was passed for three reasons. “Ease of doing business” comes first. Removing “unnecessary procedural obstacles” for publishers is its second goal. Lastly, it aims to “unburden” the owners of printing presses and publishers of the burden of providing a declaration to the District Magistrate (DM) and filing an updated declaration each time there is a modification to its details.
Easement in the process of allotment of titles and registration– The Press and Registration of periodicals Bill, 2023 eliminates the need for a physical interface by utilizing an online technology to streamline and expedite the process of granting titles and registering magazines. By doing this, the Press Registrar General would be able to expedite the procedure and guarantee that beginning a publication would not pose a significant challenge for publishers, particularly for small publishers. Additionally, the publishers would no longer have to authenticate their declarations and file them with the District Magistrates or local authorities. Additionally, printing presses would merely need to provide an indication rather than having to provide any kind of declaration. There were currently eight steps in the overall process, and it took a long time. Printing presses– Periodical printer to provide an online notification to the local government and the Press Registrar General. The printer is not required to get authentication from the local government or file any declarations before them. Role of district magistrate/ local authority– The printer is not required to get authentication from the local government or file any declarations before them. Following receipt of an application, the District Magistrate is required to give the Press Registrar General comments or a no objection certificate (NOC). If the DM or local authority does not provide the comments or NOC within the allotted 60 days, the Press Registrar General may still decide to grant registration. No need for a publisher to appear before the District Magistrate with any declarations. Foreign periodicals– Reproduction of foreign publications in India requires federal government consent beforehand. There will be a description of the specific procedures for registering these publications. Press registration general- This Bill introduces the role of the Press Registrar General of India, responsible for issuing registration certificates for all periodicals. They also have to manage a registry of periodicals, set standards for titles of periodicals, confirm circulation data, and oversee changes, suspensions, and cancellations of registrations. Suspension and Cancellation of Registration– A periodical’s registration may be suspended by the Press Registrar General for a minimum of thirty days, with the possibility of an extension of up to 180 days, for a number of reasons, such as supplying fraudulent information, ceasing publishing, or supplying inaccurate yearly statements. If these problems are not fixed, registration may be cancelled. Additional grounds for cancellation include the publisher’s or owner’s convictions for activities against national security or terrorism, or titles that are identical to those of other magazines. A person who has been found guilty of a “terrorist act,” “unlawful activity,” or acting against the security of the state is prohibited from publishing a periodical, according to the provisions of the Act. The definitions of “terrorist act” and “unlawful activity” given in clauses (k) and (o) of Section 2(1) of the Unlawful Activities (Prevention) Act, 1967, must be interpreted similarly. Penalties and Appeals- The Bill gives the Press Registrar General the authority to impose fines for monthly publications that are not registered or for yearly statements that are not provided within the allotted time frames. Failure to follow these instructions could result in a six-month jail sentence. Furthermore, the Press and Registration Appellate Board has a 60-day window for filing appeals against the denial of registration certificates, suspension or termination of registration, or penalties assessed. Appellate authority– An appeal authority is also provided for by the new Bill. To hear an appeal against the denial of registration, imposition of a penalty, or suspension or cancellation of registration by PRG, the Press and Registration Appellate Board (Appellate Board) would be composed of the Chairperson of the Press Council of India (PCI) and two PCI members. Within sixty days, such appeals may be submitted to the Press and Registration Appellate Board.
DIFFERENCE BETWEEN THE PRESS AND REGISTRATION OF BOOKS ACT, 1867 AND THE PRESS AND REGISTRATION PERIODICALS BILL, 2023
Registration- The previous act only covers the registration of newspaper, periodicals and books and furthermore also provides provision for cataloguing of books. Whereas the new act deals with registration of periodicals, defined as publications- including newspaper- which is published or printed on regular period of time comprising of public news or comments on public news, excluding books and journals and including books and journals of scientific, technical or academic in nature.
Foreign periodicals- The PRB Act does not cover foreign periodicals in its ambit. On the other hand, the new act covers the printing of foreign periodicals in India with prior approval from the central government. The new act has increased its ambit to foreign periodicals too.
Declaration from printing presses- The PRB Act requires the declaration specifying or including the publisher or printer to be made to district magistrate. Who then would send it to press registrar, who will later on grant the certificate of registration. The whole process was tiresome and laborious. This hurdle has been rectified in new act. As the PRP bill allows the publisher to obtain the registration certificate by filing the online application. People not allowed to file application mentioned within the act are individuals indulged in terrorist act or unlawful activity. So, we can see that the new act has expediate the whole process.
Registration of printing press- The PRB Act requires a printing press to be declared in front of district Magistrate whereas the PRP Bill smoothens the process of submission of printing press information through online portal. The newly established Press Registrar General will now hold all of the authority instead of the DM according to the new bill. Unlike the Press Registrar Generals under the current legislation, the 1867 Act’s “Press Registrar” or “Registrar of newspapers for India,” chosen by the Center, had limited authority.
WHY THE NEED FOR NEW LAW FELT?
A colonial-era law known as the Press & Registration of Books Act, 1867 was passed with the intention of regulating printing presses and publications. Violations of this law might result in harsh punishments, such as imprisonment. The harsh punishments, which included jail time even for infractions, were out of step with the principles of India’s constitution and its independent spirit. The Act’s complicated and onerous procedures put publishers through needless difficulties in order to operate a newspaper.
There have been delays and obstacles at many levels as a result of the Act, which required the engagement of numerous offices in the State and the Central Government. It was a laborious and time-consuming procedure to provide a Declaration before the designated Authority as required by the Act, have that Authority authenticate it, and then submit an application to the Press Registrar for Title Verification and then a Certificate of Registration.
The procedures outlined above have resulted in a huge backlog of publisher registration applications from all over India. The processing time has increased due to the manual processing and verification of several physical documents at the RNI and DM Office. Currently, it takes several months at the DM office and about five months at the RNI to process registration applications. Processing can take longer than a year in some circumstances.
The PRB Act of 1867 was out of step with the evolving media landscape and the evolving forms of government, which placed more of a focus on easily accessible services and quicker, more effective service delivery via technology.
HOW IS NEW ACT BENEFICIAL?
- The new Bill eliminates the formal barriers that required numerous approvals at different phases in order to launch a newspaper or printed magazine in India.
- To create a single process, the registration and title verification applications have been integrated. In the past, it involved several applications that needed repeated permissions and verifications from the RNI Office and the DM Office. The new bill allows for the simultaneous processing of registration and title allotment applications.
- The District Magistrate (DM) and the Press Registrar merely require an online notification from the Keeper of the Printing Press. Formerly, the DM Office had to authenticate the Keeper’s Declaration.
- Technology will be used to greatly speed up the registration process, coupled with capabilities for online applications and automated processing. Furthermore, the availability of online applications and processing has made collaborating with India’s more than 700 districts (DMs) easier.
- All of the previous Bill’s infractions are essentially decriminalized under the new one. Minor Act infractions used to carry a maximum six-month jail sentence.
- The new bill clarifies a number of processes and situations, including ownership transfers, circulation verification of newspapers, foreign publications, and others. The PRB Act, 1867’s provisions pertaining to book registration and other relevant elements have been removed by the new bill.
CRITICISM-
In its press release, the Editors Guild said that the new legislation “widens the powers of the state to have more intrusive and arbitrary checks” in how a publication functions, adding that some of the provisions were “vague” and the ambiguity could have “adverse implications on press freedom”. The statement said that the new Bill allows government agencies other than the press registrar to conduct its functions, which could even include police and other law enforcement agencies, and called the move “deeply distressing”.
Syed Imtiaz Jaleel of AIMIM has also criticized the bill, saying that it focuses less on registration and more on regulation. He expressed concern that the bill can have an adverse impact on freedom of the press.
SUGGESTIONS-
As per the criticism of the bill, this bill need to bring balance between how much the government would have say over the matter to ensure the freedom of press is ensured or to bring provisions which puts check to the power of government which will make the bill less arbitrary. It should also clearly define some words or provisions to remove ambiguity in the legislation. Because the ambit of the word “unlawful activity” is very wide in the Unlawful Activities (Prevention) Act and through this legislation only the word “unlawful activity” will be interpreted, it can become a threat to freedom of speech and may become a tool to suppress the dissent. So, the act should aim to define the term “unlawful activities” precisely to avoid any misuse. The bill should reaffirm the fundamental right to freedom of expression. The bill should also have inclusive approach to registration, therefore, including provisions for registration of periodicals in regional languages, minority publications and niche interest magazines. The bill should also include robust mechanism for oversight and accountability by including the establishment of an independent regulatory authority tasked with monitoring compliance and enforcing regulatory standards.
CONCLUSION-
This new bill removes the colonial era legislation which very much needed. It also modernizes the whole process by including the use of technology and also expediates the whole process with need of less unnecessary steps for registration. Overall, this bill could be very conducive to the society in general.
NAME- Aditi Sharma
College- ILS Law College, Pune