Seeking to repeal the Press and Registration of Books Act, 1867, the Bill contains a unique provision disallowing persons convicted of terrorist acts or unlawful activities, or those who have acted against state security, from publishing periodicals. A periodical means any publication, barring books or journals, that is printed at regular intervals and contains public news or comments on public news.
Why was this Bill brought in?
According to the Bill’s Statement of Objects & Reasons, it has been passed for three reasons. The first is “ease of doing business.” Second, it intends to remove “unnecessary procedural obstacles” for publishers. Finally, it seeks to “unburden” the publishers and printing press owners from furnishing a declaration before the District Magistrate (DM) and filing a revised declaration every time there’s a change in its particulars.
Introducing the Bill in the Lok Sabha, Minister for Information and Broadcasting Anurag Thakur said efforts have been made to decriminalise the colonial-era statute by replacing conviction with financial penalties for certain violations.
Stressing the ease of doing business aspect, he added that the title registration process, which sometimes took 2-3 years, will now be done in 60 days.
How is this Bill different from the 1867 Act?
Books: The 1867 Act was enacted for the regulation of printing presses and newspapers, the preservation of copies of books and newspapers printed in India, and their registration. However, the 2023 Bill removes books from its ambit as they are under the HRD Ministry.
Penalties: The 2023 Bill seeks to decriminalise the colonial-era statute by replacing jail terms with fines, and providing for an appellate mechanism headed by the Chairman of the Press Council of India. The Appellate Board (Press and Registration Appellate Board) will comprise, alongside the PCI chairman, two PCI members and hear appeals against refusal of registration, imposition of penalties, suspension, or cancellation of registration.
The 1867 law included up to six-months imprisonment for offences like keeping a press without declaration, making false statements, and violating printing or publishing requirements under Section 3. The new law has replaced all such penal provisions with fines, barring one. Section 14(4) allows six-month imprisonment for anyone failing to cease publication even after six months of the issuance of directions or those publishing without a certificate of registration.
The upper limit of fines has been hiked considerably — from Rs 2,000 to Rs 5 lakh.
Shift in power: The new Bill shifts all the power from the DM’s hands to the Press Registrar General, a newly created position. Although the 1867 Act included a “Press Registrar” or a “Registrar of newspapers for India” appointed by the Centre, its powers were limited, unlike the PRG’s under the new law.
Sections 5 and 6 of the Bill delineate the PRG’s functions and powers, respectively. The PRG is entrusted with tasks like issuing certificates of registration to periodicals, maintaining records of registered periodicals, collecting application fees, and disbursing the Centre’s funds for the Act’s implementation, among others.
What is the process of declarations and registration?
The 1867 Act mandated a declaration specifying the printer or publisher be made to the DM, who then sent it to the Press Registrar, who issued a certificate of registration necessary for publication.
The process was deemed “time-consuming” and “onerous” under the new Bill. Notably, publishers will no longer be required to file a declaration with the DM or the local authorities. Meanwhile, printing presses can simply give an online “intimation” instead of filing a declaration.
Another key change is that publishers and printers would not have to file separate applications as the Bill allows the processing of the title allotment and registration applications simultaneously.
Once a registration application is filed, the “specified authority” must furnish its no-objection or comments on the application within 60 days before making an application to the PRG, which eventually decides the grant of registration.
Notably, this requirement for such authority’s no-objection has been removed for the registration of periodicals proposed to be published by the government.
What is the UAPA provision?
The proviso to Section 4 states that any person who has been convicted of a “terrorist act” or “unlawful activity” or has acted against the security of the state will not be allowed to publish a periodical. “Terrorist act” and “unlawful activity” shall have the same meaning assigned to them in clauses (k) and (o) of Section 2(1) of the Unlawful Activities (Prevention) Act, 1967.
While the former refers to any act done “with intent to threaten or likely to threaten the unity, integrity, security, economic security, or sovereignty of India or with intent to strike terror or likely to strike terror among people”, the latter refers to any action by individuals or associations supporting any claim for secession, separatism, disruption of sovereignty or integrity, among others.
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