Admin Law Project

A REVIEW OF WORKING OF PRESS
COUNCIL ACT
DAMODARAM SANJIVAYYA NATIONAL LAW

UNIVERSITY
PROJECT REPORTS APRIL 2016

ADMINISTRATIVE LAW
ON THE TOPIC A REVIEW OF WORKING OF PRESS
COUNCIL ACT
GUIDANCE AND INSTRUCTIONS BY :

Dr. P. Sri Devi.
FACULTY FOR ADMINISTRATIVE LAW
SUBMITTED BY
Manvendra Singh
DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITYPage 1

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Acknowledgement:
This is to state that I, (Manvendra Singh,) completed my sixth semester project

work of ADMINISTRATIVE LAW on the topic A REVIEW OF WORKING
OF PRESS COUNCIL ACT. This project would have not come to an end
successfully without the help of many distinguished and undistinguished
personalities. I sincerely acknowledge the help rendered to me by our Faculty
for Administrative Law, Mrs. P. Sri Devi Maam. She has helped me a lot
whenever I needed any sort of assistance and guidance related to the topic. I
acknowledge the sincere help of our library staffs and our net centre-in-charge,
who by rendering me help in locating appropriate resources to collect materials.
It is a good platform to recognize the help and guidance furnished to me by
many persons in this regard; I heartily acknowledge their help and support
rendered to me. Without the help of the above mentioned personalities and
many unrecognized people this project would have never been completed.
Manvendra Singh
Roll No. 2013067

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Table of Contents
1. Research Methodology
Chapter-1
2. Introduction
Chapter-2
3. Right to Privacy
4. Recording interviews and phone conversation
5. Newspapers to eschew suggestive guilt
6. Right of Reply
Chapter-3
7. Obscenity and vulgarity to be eschewed

8. Violence not to be glorified
9. Covering communal disputes/clashes
10. Headings not to be sensational/provocative and must justify the
matter printed under them.
Chapter-4
11.Change made on 16/12/04.

12.Advertisements
13.Guidelines on Specific Issues
14.Provocative and sensational headlines should be avoided by the Press.
Chapter-5

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15.Guidelines Issued by the Press Council on January 21-22, 1993 in the

Wake of the Ram Janambhoomi-Babri Masjid Dis
16.Election Reporting-1996
17.Press Councils Powers, Practice and Procedures
18.Complaints Procedure
Chapter-6
19.Conclusion
20.Bibliography
Research Methodology: The doctrinal research methodology has been followed in the
completion of this project.
Aims and Objectives:

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The aim of the project is to present a detailed study of the topic A REVIEW OF WORKING
OF PRESS COUNCIL ACT through decisions and suggestions and different writings. The
aim has been to come to a conclusion very much indigenous.
Scope and Limitations:
Though the topic A REVIEW OF WORKING OF PRESS COUNCIL ACT is an immense

project and pages can be written over the topic but because of certain restrictions and
limitations we might not have dealt with the topic in great detail.
Sources of Data:
The following secondary sources of data have been used in the project-
Books
Websites
Method of Writing and Mode of Citation:
The method of writing followed in the course of this research paper is primarily analytical.
The researcher has followed Uniform method of citation throughout the course of this
research paper.
Chapter-1

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Introduction
The press is the most powerful of all the organs for the expression of the news and views
about men and things. The press is by economists as a necessity of modern life. With the
growth of literacy and the development of the means of communication they are playing a
very important of the means of communication they are playing a very important role in
society.
The press keeps us in touch with the current world affairs. Without them we cannot know the
important news of even our own towns or villages. They extend the bounds of our own towns
or villages. They extend the bounds of our knowledge and make s feel that we are at a part of
living world. The leading is in touch with different parts of the world through certain press
agencies. The press ventilates the grievances of the public and from the government in close
contact. The current problems of problems of political and social values are the subject
matters of leading articles in the newspapers. The people get aware of the policies and
schemes of the government through this agency.
Newspapers have their educative value also. Readers of a good newspaper are more
intelligent active and better informed than scholars. Newspapers help us in disseminating
good ideas. In newspapers we find reviews on newly published books We read accounts of
discoveries and scientific and scientific research there are useful articles on every topic.
The e press is not always an easy object to love. It is not; of course, hard to see why
authoritarian rulers have reasons mostly terrible reasons to hate the free press, and that is
perhaps a part of the glory of the press. But frustration with the press is by no means confined
only to dictators and potentates. There is the issue of invasion of privacy which can ruin some
lives, but no less importantly there is also the more common problem of being misreported.
Why, in particular, is the freedom of the press crucial for development? This is so for several
distinct and basically reparable reasons, and it is important to distinguish them clearly, so that
we can adequately assess what is at stake. Indeed, we have to know what may be lost when

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censorship is imposed and press freedom is important for development for at least four
distinct reasons.1
1 http://www.entrytest.com/essays/essay18.aspx

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Chapter-2
Right to Privacy
The Press shall not intrude or invade the privacy of an individual, unless outweighed by
genuine overriding public interest, not being a prurient or morbid curiosity. So, however, that
once a matter becomes a matter of public record, the right to privacy no longer subsists and it
becomes a legitimate subject for comment by the Press and the media, among others.
Explanation: Things concerning a person's home, family, religion, health, sexuality,
personal life and private affairs are covered by the concept of PRIVACY excepting where any
of these impinges upon the public or public interest2.
Caution against Identification: While reporting crime involving rape, abduction or kidnap of
women/females or sexual assault on children, or raising doubts and questions touching the
chastity, personal character and privacy of women, the names, photographs of the victims or
other particulars leading to their identity shall not be published.
Minor children and infants who are the offspring of sexual abuse or 'forcible marriage' or
illicit sexual union shall not be identified or photographed.3
Recording interviews and phone conversation
Intrusion through photography into moments of personal grief shall be avoided. However,
photography of victims of accidents or natural calamity may be in larger public interest.
Newspapers to eschew suggestive guilt
Newspapers should eschew suggestive guilt by association. They should not name or identify
the family or relatives or associates of a person convicted or accused of a crime, when they
are totally innocent and a reference to them is not relevant to the matter being reported4.
2 presscouncil.nic.in/OldWebsite/act.html
3 en.wikipedia.org/wiki/Press_Council_of_India

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Right of Reply
The newspaper should promptly and with due prominence, publish either in full or with due
editing, free of cost, at the instance of the person affected or feeling aggrieved/or concerned
by the impugned publication, a contradiction/reply/ clarification or rejoinder sent to the editor
in the form of a letter or note. If the editor doubts the truth or factual accuracy of the
contradiction/reply/clarification or rejoinder, he shall be at liberty to add separately at the
end, a brief editorial comment doubting its veracity, but only when this doubt is reasonably
founded on unimpeachable documentary or other evidential material in his/her possession.
This is a concession which has to be availed of sparingly with due discretion and caution in
appropriate cases.
Freedom of the Press involves the readers' right to know all sides of an issue of public
interest. An editor, therefore, shall not refuse to publish the reply or rejoinder merely on the
ground that in his opinion the story published in the newspaper was true. That is an issue to
be left to the judgement of the readers. It also does not behove an editor to show contempt
towards a reader.5
4 en.wikipedia.org/wiki/Press_Council_of_India
5 https://www.caluniv.ac.in/.../Document%202.pdf

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Chapter-3
Obscenity and vulgarity to be eschewed
Newspapers shall not display advertisements which are vulgar or which, through depiction of
a woman in nude or lewd posture, provoke lecherous attention of males as if she herself was a
commercial commodity for sale namely:-
Whether a picture is obscene or not, is to be judged in relation to three tests;
a) Is it vulgar and indecent?
b) Is it a piece of mere pornography?
c) Is its publication meant merely to make money by titillating the sex feelings of adolescents
and among whom it is intended to circulate? In other words, does it constitute an
unwholesome exploitation for commercial gain.
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.
Glorification/encouragement of social evils to be eschewed Newspapers shall not allow their

columns to be misused for writings which have a tendency to encourage or glorify social
evils like Sati Pratha or ostentatious celebrations.6
Violence not to be glorified
Photo Coverage on Terrorist Attack, Communal Clashes and Accidents

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While reporting news with regard to terrorist attacks or communal riots, the media should
refrain from publishing/telecasting pictures of mangled corpses or any other photographic
coverage which may create terror, or revulsion or ignite communal passion among people.7
Covering communal disputes/clashes
News, views or comments relating to communal or religious disputes/clashes shall be

published after proper verification of facts and presented with due caution and restraint in a
manner which is conducive to the creation of an atmosphere congenial to communal
harmony, amity and peace. Sensational, provocative and alarming headlines are to be
avoided. Acts of communal violence or vandalism shall be reported in a manner as may not
undermine the people's confidence in the law and order machinery of the State. Giving
community-wise figures of the victims of communal riot, or writing about the incident in a
style which is likely to inflame passions, aggravate the tension, or accentuate the strained
relations between the communities/religious groups concerned, or which has a potential to
exacerbate the trouble, shall be avoided.
Journalists and columnists owe a very special responsibility to their country in promoting
communal peace and amity. Their writings are not a mere reflection of their own feelings but
help to large extent in moulding the feelings and sentiments of the society at large. It is,
therefore, of utmost importance that they use their pen with circumspection and restrain.
The role of media in such situations (Gujarat Carnage/Crisis) is to be peacemakers and not
abettors, to be trouble-shooters and not troublemakers. Let the media play their noble role of
promoting peace and harmony among the people in the present crisis in Gujarat. Any trend to
disrupt the same either directly or indirectly would be an anti-national act. There is a greater
moral responsibility on the media to do their best to build up the national solidarity and to
recement the communal harmony at all levels remembering the noble role they had played
during the pre-independence days.8
Headings not to be sensational/provocative and must justify the matter printed under
them

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In general and particularly in the context of communal disputes or clashes
a. Provocative and sensational headlines are to be avoided;
b. Headings must reflect and justify the matter printed under them;
c. Headings containing allegations made in statements should either identify the body or the
source making it or at least carry quotation marks.
Caste, religion or community references
In general, the caste identification of a person or a particular class should be avoided,

particularly when in the context it conveys a sense or attributes a conduct or practice
derogatory to that caste.
Newspapers are advised against the use of word 'Scheduled Caste' or 'Harijan' which has been
objected to by some.
An accused or a victim shall not be described by his caste or community when the same does
not have anything to do with the offence or the crime and plays no part either in the
identification of any accused or proceeding, if there be any.
Newspaper should not publish any fictional literature distorting and portraying the religious
characters in an adverse light and offending the religious susceptibilities of large sections of
society who hold those characters in high esteem, invested with attributes of the virtuous and
lofty.9
9 presscouncil.nic.in

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Chapter-4
Change made on 16/12/04.
Commercial exploitation of the name of prophets, seers or deities is repugnant to journalistic

ethics and good taste.
It is the duty of the newspaper to ensure that the tone, spirit and language of a write up is not
objectionable, provocative, against the unity and integrity of the country, spirit of the
constitution seditious and inflammatory in nature or designed to promote communal
disharmony. It should also not attempt to promote balkanisation of the country.
One of the jobs of the journalists is also to bring forth to the public notice the plight of the
weaker sections of society. They are the watchdogs on behalf of the society of its weaker
sections.10
Advertisements
Newspaper shall not publish advertisements, which have a tendency to malign or hurt the
religious sentiments of any community or section of society.
Guidelines on Specific Issues
Norms for observance by the Press in the wake of communal disturbances 1969. Recognising
that the Press which enjoys the utmost freedom of expression has a great and vital role to play
in educating and moulding public opinion on correct lines in regard to the need for friendly

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and harmonious relations between the various communities and religious groups forming the
fabric of Indian political life and in mirroring the conscience of the best minds of the country
to achieve national solidarity, the Press Council of India considers that this object would be
defeated, communal peace and harmony disturbed and national unity disrupted if the Press
does not strictly adhere to proper norms and standards in reporting on or commenting on
matters which bear on communal relations. Without attempting to be exhaustive, the Council
considers the following as offending against journalistic proprieties and ethics:
1. Distortion or exaggeration of facts or incidents in relation to communal matters or

giving currency to unverified rumours, suspicions or inferences as if they were facts
and base their comments on them.
2. Employment of intemperate or unrestrained language in the presentation of news or
views, even as a piece of literary flourish or for the purpose of rhetoric or emphasis.
3. Encouraging or condoning violence even in the face of provocation as a means of
obtaining redress of grievances whether the same be genuine or not.
4. While it is the legitimate function of the Press to draw attention to the genuine and
legitimate grievances of any community with a view to having the same redressed by
all peaceful, legal and legitimate means, it is improper and a breach of journalistic
ethics to invent grievances, or to exaggerate real grievances, as these tend to promote
communal ill- feeling and accentuate discord.
5. Scurrilous and untrue attacks on communities, or individuals, particularly when this is
accompanied by charges attributing misconduct to them as due to their being
members of a particular community or caste.
6. Falsely giving a communal colour to incidents which might occur in which members
of different communities happen to be involved.
7. Emphasising matters that are not to produce communal hatred or ill-will, or fostering
feelings of distrust between communities.
8. Publishing alarming news which are in substance untrue or make provocative
comments on such news or even otherwise calculated to embitter relations between
different communities or regional or linguistic groups.
9. Exaggerating actual happenings to achieve sensationalism and publication of news
which adversely affect communal harmony with banner headlines or in distinctive
types.

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10. Making disrespectful, derogatory or insulting remarks on or reference to the different
religions or faiths or their founders.11
Guidelines Issued by the Press Council for Observance by the State Governments and
the Media in Relation to Communal Disturbances 1991
The State Government should take upon themselves the responsibility of keeping a close
watch on the communal writings that might spark off tension, destruction and death, and
bring them to the notice of the Council;
The Government may have occasion to take action against erring papers or editors. But it
must do so within the bounds of law. If newsmen are arrested, or search and seizure
operations become necessary, it would be healthy convention if such developments could be
reported to the Press Council within 24 to 48 hours followed by a detailed note within a
week;
Under no circumstances must the authorities resort to vindictive measures like cut in
advertisements, cancellation of accreditation, cut in newsprint quota and other facilities.
Provocative and sensational headlines should be avoided by the Press;
Headings must reflect and justify the master primed under them;
1. Figures of casualties given in headlines should preferably be on the lower side in case
or doubt about their exactness and where the numbers reported by various sources
differ widely;
2. Headings containing allegations made in statements should either identify the
person/body making the allegation or, at least, should carry quotation marks;
3. News reports should be devoid of comments and value judgement;
4. Presentation of news should not be motivated or guided by partisan feelings, nor
should it appear to be so;
5. Language employed in writing the news should be temperate and such as may foster
feelings or amity among communities and groups;
6. Corrections should be promptly published with due prominence and regrets expressed
in serious cases; and

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7. It will help a great deal if in-service training is given to journalists for inculcation of
all these principles.12
Chapter-5
Guidelines Issued by the Press Council on January 21-22, 1993 in the Wake of the Ram
Janambhoomi-Babri Masjid
Guidelines for guarding against the commission of the following journalistic improprieties
and unethicalities.
1. Distortion or exaggeration of facts or incidents in relation to communal matters or

giving currency to unverified rumours, suspicions or inferences as if they were facts
and base their comment, on them.
2. Employment of intemperate or unrestrained language in the presentation of news or
views, even as a piece of literary flourish or for the purpose of rhetoric or emphasis.
1. Encouraging or condoning violence even in the face of provocation as a means of
obtaining redress of grievance whether the same be genuine or not.
3. While it is the legitimate function of the Press to draw attention to the genuine and
legitimate grievances of any community with a view to having the same redressed by
all peaceful legal and legitimate means, it is improper and a breach of journalistic
ethics to invent grievances, or to exaggerate real grievances, as these tend to promote
communal ill- feeling and accentuate discord.

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4. Scurrilous and untrue attacks on communities, or individuals, particularly when this is
accompanied by charges attributing misconduct to them as due to their being
members of a particular community or caste.
5. Falsely giving a communal colour to incidents which might occur in which members
of different communities happen to be involved.
6. Emphasising matters that are apt to produce communal hatred or ill-will, or fostering
feelings of distrust between communities.
7. Publishing alarming news which are in substance untrue or make provocative
comments on such news or even otherwise calculated to embitter relations between
different communities or regional or linguistic groups.
8. Exaggerating actual happenings to achieve sensationalism and publication of news
which adversely affect communal harmony with banner headlines or distinctive types.
9. Making disrespectful, derogatory or insulting remarks on or reference to the different
religions or faiths or their founders.
Election Reporting-1996
General Election is a very important feature of our democracy and it is imperative that the
media transmits to the electorate fair and objective reports of the election campaign by the
contesting parties. Freedom of the Press depends to a large measure on the Press itself
behaving with a sense of responsibility. It is, therefore, necessary to ensure that the media
adheres to this principle of fair and objective reporting of the election campaign.
The Press Council has, therefore, formulated the following guidelines to the media for
observance during elections:
Election campaign along communal or caste lines is banned under the election rules. Hence,
the Press should eschew reports which tend to promote feelings of enmity or hatred between
people on the ground of religion, race, caste, community or language.
Guidelines on 'Pre-poll' and 'Exit-polls' Survey-1996
The Press Council of India having considered the question of desirability or otherwise of
publication of findings of pre-poll surveys and the purpose served by them, is of the view that
the newspapers should not allow their forum to be used for distortions and manipulations of
the elections and should not allow themselves to be exploited by the interested parties.

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The Press Council, therefore, advises that in view of the crucial position occupied by the
electoral process in a representative democracy like ours, the newspapers should be on guard
against their precious forum being used for distortions and manipulations of the elections.
This has become necessary to emphasize today since the print media is sought to be
increasingly exploited by the interested individuals and groups to misguide and mislead the
unwary voters by subtle and not so subtle propaganda on casteist, religious and ethnic basis
as well as by the use of sophisticated means like the alleged pre-poll surveys. While the
communal and seditious propaganda is not difficult to detect in many cases, the interested use
of the pre-poll survey, sometimes deliberately planted, is not so easy to uncover. The Press
Council, therefore, suggests that whenever the newspapers publish pre-poll surveys, they
should take care to preface them conspicuously by indicating the institutions which have
carried such surveys, the individuals and organisations which have commissioned the
surveys, the size and nature of sample selected, the method of selection of the sample for the
findings and the possible margin of error in the findings.13
Press Councils Powers, Practice and Procedures
The Press Council of India was first set up in the year 1966 by the Parliament on the
recommendations of the First Press Commission with the object of preserving the freedom of
the press and of maintaining and improving the standards of press in India. The present
Council functions under the Press Council Act, 1978. It is a statutory, quasi judicial authority
functioning as a watchdog of the press, for the press and by the press. It adjudicates the
complaints against and by the press for violation of ethics and for violation of the freedom of
the press respectively.
The Press Council is headed by a Chairman, who has by convention, been a retired judge of
the Supreme Court of India. The Council consists of 28 other members of whom 20
represent the press and are nominated by the press organisations/news agencies recognised
and notified by the Council as all India bodies of categories such as editors, working
journalists and owners and managers of newspaper and news agencies, five members are
nominated from the two Houses of Parliament and three represent cultural, literary and legal
fields as nominees of the Sahitya Academy, University Grants Commission and the Bar

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Council of India. The members serve on the Council for a term of three years. No member
may serve on the Council for more than two terms.
The Council is funded by the revenue collected by it as fee levied on the registered
newspapers in the country on the basis of their circulation. No fee is levied on newspapers
with circulation less than 5000 copies. The deficit is made good by way of grant by the
Central Government.14
Complaints Procedure
A person with a complaint against a newspaper, for any publication, or non- publication of a
material, which he finds objectionable and which effects him personally, he should first take
it up with the editor or other authorised representative of the publication concerned.
If the complaint is not resolved to satisfaction, he may refer it to the Press Council of India.
The complaint must be specific and in writing and should be lodged within two months of the
publication of impugned news item in case of dailies and weeklies and four months in all
other cases, along with the original/Photostat copy of the impugned clipping (English
translation, if the matter is in a language other than Hindi). It must state in what manner the
publication/non publication of the matter is objectionable within the meaning of the Press
Council Act, 1978 enclose a copy of the letter to the editor, pointing out why the matter is
objectionable. His reply thereto or published rejoinder, if any, may also be attached to it.
Declaration stating that the subject matter of the complainant is not pending in any court of
law is also required to be filed.
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 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. Appearance before the committee is not
mandatory and a complaint may be processed on the basis of the written documents on
record. 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

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the conduct of the editor or the journalist as the case may be. It may also direct the
respondent newspaper to publish the contradiction of the complainant or a gist of the
Councils decision in its forthcoming issue.
If a newspaper or journalist is aggrieved by any action or inaction 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/inaction of the authorities against him i.e. if it is a reprisal measure taken by the
authorities due to critical writings or as a result of the policy that may effect the freedom of
the press (supporting documents, with English translation if they are in a language other than
Hindi should be filed). Declaration regarding the non pendency of the subject matter of the
complaint in any court of law is also necessary.
On being prima-facie satisfied of the admissibility of a complaint, the response of the

authorities is called for and inquiry conducted through the inquiry committee of the Council.
When the Council upholds the complaint of the aggrieved newspaper/journalist, the Council
directs the concerned government to take appropriate steps, to redress the grievance of the
complainant or records in observations regarding the conduct of that authority vis--vis the
freedom of the press.15
15 www.nalsarpro.org/ML/Presentations

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Chapter-6
Conclusion
If red lines can be drawn for the legal and medical professions, why should it be any different
for profit-making newspapers and TV channels?
I have not read the Private Members Bill on media regulation that Meenakshi Natarajan was
scheduled to move in Parliament last week so I am not in a position to comment upon it, but I
am certainly of the opinion that the media (both print and electronic) needs to be regulated.
Since my ideas on this issue have generated some controversy they need to be clarified.
I want regulation of the media, not control. The difference between the two is that in control
there is no freedom, in regulation there is freedom but subject to reasonable restrictions in the
public interest. The media has become very powerful in India and can strongly impact
peoples lives. Hence it must be regulated in the public interest.
The media people keep harping on Article 19 (1) (a) of the Indian Constitution which
guarantees the freedom of speech and expression. But they deliberately overlook or
underplay Article 19 (2) which says that the above right is subject to reasonable restrictions in

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the interest of sovereignty and integrity of India, State security, public order, decency,
morality or in relation to defamation or incitement to an offence.
Not absolute
Thus, while there should be freedom for the media and not control over it, this freedom must
be exercised in a manner not to adversely affect the security of the state, public order,
morality, etc. No right can be absolute, every right is subject to reasonable restrictions in the
public interest. The reason for this is that human beings are social creatures. No one can live
in isolation, everyone has to live in society. And so an individual should not exercise her
freedom in a manner so as to harm others or society, otherwise she will find it difficult to
survive.
Media people often talk of self-regulation. But media houses are owned by businessmen who
want profit. There is nothing wrong in making profits, but this must be coupled with social
responsibilities. Media owners cannot say that they should be allowed to make profits even if
the rest of society suffers. Such an attitude is self-destructive, and it is the media owners who
will suffer in the long run if they do not correct themselves now. The way much of the media
has been behaving is often irresponsible, reckless and callous. Yellow journalism, cheap
sensationalism, highlighting frivolous issues (like lives of film stars and cricketers) and
superstitions and damaging people and reputations, while neglecting or underplaying serious
socio-economic issues like massive poverty, unemployment, malnourishment, farmers
suicides, health care, education, dowry deaths, female foeticide, etc., are hallmarks of much
of the media today. Astrology, cricket (the opium of the Indian masses), babas befooling the
public, etc., are a common sight on Television channels.
Paid news is the order of the day in some newspapers and channels where you have to pay
to be in the news. One senior political leader told me things are so bad that politicians in
some places pay money to journalists who attend their press conferences, and sometimes
even to those who do not, to ensure favourable coverage. One TV channel owner told me that
the latest Baba (who is dominating the scene nowadays) pays a huge amount for showing his
meetings on TV. Madhu Kishwar, a very senior journalist herself, said on Rajya Sabha TV
that many journalists are bribable and manipulable.

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The media claims self-regulation. But by what logic? How can the News Broadcasters
Association or the Broadcast Editors Association regulate TV channels driven by profit
motive and high TRP ratings? Almost every section of society is regulated. Lawyers are a free
profession, but their profession is regulated inasmuch as their licence can be suspended or
cancelled by the Bar Council for professional misconduct. Similarly the licences of doctors,
chartered accountants, etc., can be suspended/cancelled by their regulatory bodies. Judges of
the Supreme Court or the High Court can be impeached by Parliament for misconduct. But
the media claims that no action should be taken against it for violating journalistic ethics.
Why? In a democracy everyone has to be accountable, but the media claims it should be
accountable only to itself The NBA and BEA claim self-regulation. Let me ask them: how
many licences of TV channels have you suspended or cancelled till now? So far as we know,
only one channel was awarded a fine, at which it withdrew from the body, and then was
asked to come back. How many other punishments have you imposed? Let us have some
details, instead of keeping everything secret. Let the meetings of the NBA and BEA be
televised so as to ensure transparency and accountability (which Justice Verma has been
advocating vociferously for the judiciary).
Let me quote from an article by Abhishek Upadhyaya, Editor, Special Projects, Dainik
Bhaskar:
It appears that the BEA was founded to collectively use intimidatory tactics in favour of a
select few players after NBA failed to do so. The NBA is so weak, so feeble in its exercise of
power that it cant confront intimidation by its own members. The India TV case is an
example of this. The NBA, in the past, had given notice to India TV for deceptively
recreating a US-based policy analysts interview. It slapped a penalty of Rs 1 lakh on the
channel which then walked out of the Association.
The group of broadcasters found themselves completely helpless, couldnt take any action
and finally surrendered meekly before the channel. The offending channel issued a statement
saying that its return has come after fundamental issues raised by the channel against the
disregard to NBAs rules and guidelines were appreciated by the associations directors
The head of India TV, Rajat Sharma, then proceeded to join the board of NBA, and the
channels managing editor, Vinod Kapri, returned to the Authority in the eminent editors
panel!

COUNCIL ACT
This was the turning point in the so-called self-regulation mechanism of electronic media. It
became clear that all concerned had made an unwritten, oral understanding not to raise a
finger on their own brethren in future. BEA was the next step in this direction, formed on 22
August, 2009 with a few electronic media editors in the driving seat. Since its inception this
body has been irrationally screaming in the interest of a select few. The editors of this body
announced some tender sops from time to time to publicise its good image and thwart any
regulatory attempt in advance.
Self-regulation
If the broadcast media claims self-regulation, then on the same logic everyone should be
allowed self-regulation. Why then have laws at all, why have a law against theft, rape or
murder? Why not abolish the Indian Penal Code and ask everyone to practise self-regulation?
The very fact that there are laws proves that self-regulation is not sufficient, there must also
be some external regulation and fear of punishment.
I may clarify here that I am not in favour of regulation of the media by the government but by
an independent statutory authority like the Press Council of India. The Chairman of this body
is not selected by the government but by a three-member selection committee consisting of
(1) The Chairman of the Rajya Sabha (who is the Vice-President of India) (2) The Speaker of
the Lok Sabha and (3) One representative of the Press Council.
The Press Council has 28 members, of which 20 are from the Press, five members of
Parliament, and 3 from other bodies (The Bar Council of India, UGC and Sahitya Academy).
The decisions of the Press Council are taken by a majority vote. Therefore, I am not a dictator
who can ride roughshod on the views of others. Several of my proposals were rejected by the
majority, and I respected their verdict. If the electronic media also comes under the Press
Council (which can be renamed the Media Council), representatives of the electronic media
will also be on this body, which will be totally democratic. Why then are the electronic media
people so furiously and fiercely opposing my proposal? Obviously because they want a free
ride in India without any kind of regulation and freedom to do what they will. I would
welcome a healthy debate on this issue.

COUNCIL ACT
Bibliography
Internet
1. www.consilium.in(acessed on 8th March 2016)

2. www.presscouncil.nic.in(acessed on 8th March 2016)
3. www.caluniv.ac.in(acessed on 9th March 2016)
4. www.nalsarpro.org(acessed on 10th March 2016)
5. www.legalcrystal.com(acessed on 10th March 2016)
6. www. indiankanoon.org(accessed on 11th March 2016)

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A REVIEW OF WORKING OF PRESS

DAMODARAM SANJIVAYYA NATIONAL LAW

PROJECT REPORTS APRIL 2016

GUIDANCE AND INSTRUCTIONS BY :

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITYPage 1

This is to state that I, (Manvendra Singh,) completed my sixth semester project

Roll No. 2013067

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITYPage 2

7. Obscenity and vulgarity to be eschewed

11.Change made on 16/12/04.

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITYPage 3

15.Guidelines Issued by the Press Council on January 21-22, 1993 in the

Aims and Objectives:

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITYPage 4

Scope and Limitations:

Though the topic A REVIEW OF WORKING OF PRESS COUNCIL ACT is an immense

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITYPage 5

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITYPage 6

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITYPage 7

Explanation: Things concerning a person's home, family, religion, health, sexuality,

Recording interviews and phone conversation

Newspapers to eschew suggestive guilt

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITYPage 8

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITYPage 9

Obscenity and vulgarity to be eschewed

Whether a picture is obscene or not, is to be judged in relation to three tests;

a) Is it vulgar and indecent?

b) Is it a piece of mere pornography?

Glorification/encouragement of social evils to be eschewed Newspapers shall not allow their

Violence not to be glorified

Photo Coverage on Terrorist Attack, Communal Clashes and Accidents

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITYPage 10

Covering communal disputes/clashes

News, views or comments relating to communal or religious disputes/clashes shall be

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITYPage 11

a. Provocative and sensational headlines are to be avoided;

Caste, religion or community references

In general, the caste identification of a person or a particular class should be avoided,

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITYPage 12

Change made on 16/12/04.

Commercial exploitation of the name of prophets, seers or deities is repugnant to journalistic

Guidelines on Specific Issues

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITYPage 13

1. Distortion or exaggeration of facts or incidents in relation to communal matters or

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITYPage 14

Provocative and sensational headlines should be avoided by the Press;

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITYPage 15

1. Distortion or exaggeration of facts or incidents in relation to communal matters or

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITYPage 16

Guidelines on 'Pre-poll' and 'Exit-polls' Survey-1996

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITYPage 17

Press Councils Powers, Practice and Procedures

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITYPage 18

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITYPage 19

On being prima-facie satisfied of the admissibility of a complaint, the response of the

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITYPage 20

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITYPage 21

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITYPage 22

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITYPage 23

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITYPage 24

1. www.consilium.in(acessed on 8th March 2016)

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITYPage 25

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