Major Press Acts in India

MAJOR PRESS & MEDIA ACT’S.
Notes By : Ashish Richhariya
Course : FTNMP / BMM
Designation : Faculty at Thakur College Of Science & Commerce
Query : arichhariya30@gmail.com

CONTENT
 Development
 Mass Media laws in India
 Lord Wellesley Censorship of Press Act, 1799
 Licensing Regulations Act, 1823
 Press Act ,1835
 Gagging Act ,1857
 The Press & Registrations of Books Act, 1867
 Sea customs Act, 1878
 Vernacular Press Act , 1878
 Indian Press Act , 1910
 The Press (Objectionable Matter) Act , 1951
 The Cinematograph Act , 1952
 The Working Journalists Act, 1955
 Young Persons Act , 1956
 Parliamentary Proceeding Act, 1956
 The Newspaper Act (Price & Wages), 1956
 The Copyright act , 1957
 Defence of India Act, 1962
 The Press Council Act of 1965
 Civil Defence Act, 1968
 Monopoly and Restrictive Trade Practice Act, 1969
 RTI Act , 2005
 Some Other Acts
Thakur College Of Science & Commerce, Mumbai

‘Someone was enjoying but someone wants to cry loud.’
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“The silence of someone lead to …”

GROWTH/EVOLUTION /DEVELOPMENT OF INDIAN PRESS DURING BRITISH
RULE IN INDIA

GROWTH/EVOLUTION /DEVELOPMENT OF INDIAN PRESS DURING BRITISH RULE IN INDIA
 The evolution of Indian Press was fought with
developmental difficulties, illiteracy, colonial constraints
and repression.
 It distributed the ideas of freedom and became prominent
tool for freedom struggle.
 The Bengal Gazette or Calcutta General Advertiser” started
by James Augustus in 1780.

 Hicky's Bengal Gazette or the Original Calcutta General Advertiser was
an English language weekly newspaper published in Kolkata (then Calcutta),
the capital of British India.
 It was the first newspaper printed in Asia, and was published for two years,
between 1780 and 1782, before the East India Company seized the
newspaper's types and printing press.
 Founded by James Augustus Hicky, a highly eccentric Irishman who had
previously spent two years in jail for debt, the newspaper was a strong critic
of the administration of Governor General Warren Hastings.
 The newspaper was important for its provocative journalism and its fight for
free expression in India.

 In 1780, James Augustus Hickey started “The Bengal
Gazette or Calcutta General Advertiser” which was seized
in 1782 because of its outspoken criticism of the
Government.
 Later, more newspaper /journals came up – (Rise)
 The Bengal Journal.
 Calcutta Chronicle.
 Madras Courier.
 Bombay Herald & many more.
 And this effort of Hickey laid the foundation of press in
India.
 The evolution of Indian Press.Thakur College Of Science & Commerce,Mumbai

MASS MEDIA LAWS IN INDIA
 Mass Media laws in India have a long history and are deeply rooted in the country’s
colonial experience under British rule.
 The earliest regulatory measures can be traced back to 1799 when Lord Wellesley
promulgated the Press Regulations, which had the effect of imposing pre-
censorship on an infant newspaper publishing industry.
 The onset of 1835 saw the promulgation of the Press Act, which undid most of, the
repressive features of earlier legislations on the subject.
 On 18th June 1857, the government passed the ‘Gagging Act’, which among
various other things, introduced compulsory licensing for the owning or running of
printing presses; empowered the government to prohibit the publication or
circulation of any newspaper, book or other printed material and banned the
publication or dissemination of statements or news stories which had a tendency to
cause a furore against the government, thereby weakening its authority.

 Then followed the ‘Press and Registration of Books Act’ in 1867 and which continues to remain in force till date.
 Governor General Lord Lytton promulgated the ‘Vernacular Press Act’ of 1878 allowing the government to clamp
down on the publication of writings deemed seditious and to impose punitive sanctions on printers and publishers
who failed to fall in line.
 In 1908, Lord Minto promulgated the ‘Newspapers (Incitement to Offences) Act, 1908 which authorized local
authorities to take action against the editor of any newspaper that published matter deemed to constitute an
incitement to rebellion.
 History of Media Regulations was the 26th of January 1950 – the day on which the Constitution was brought into
force. The colonial experience of the Indians made them realise the crucial significance of the ‘Freedom of Press’.
 Such freedom was therefore incorporated in the Constitution; to empower the Press to disseminate knowledge to the
masses and the Constituent Assembly thus, decided to safeguard this ‘Freedom of Press’ as a fundamental right.
 Although, the Indian Constitution does not expressly mention the liberty of the press, it is evident that the liberty of the
press is included in the freedom of speech and expression under Article 19(1)(a).
 It is however pertinent to mention that, such freedom is not absolute but is qualified by certain clearly defined
limitations under Article 19(2) in the interests of the public.
 It is necessary to mention here that, this freedom under Article 19(1)(a) is not only cribbed, cabined and confined to
newspapers and periodicals but also includes pamphlets, leaflets, handbills, circulars and every sort of publication
which affords a vehicle of information and opinion.
 Thus, although the freedom of the press is guaranteed as a fundamental right, it is necessary for us to deal with the
various laws governing the different areas of media so as to appreciate the vast expanse of media laws.

 “Our freedom depends in large part, on the
continuation of a free press, which is the
strongest guarantee of a free society.”
 - Richard M.
Schmidt

LORD WELLESLEY CENSORSHIP OF PRESS ACT, 1799
 Lord Wellesley enacted Censorship of Press Act, 1799.
 First Press Censorship Act- 13th May 1799.
 Compulsory Printing the names ,address of printer, publisher
, editor & other authorities.
 It was enacted by the Lord Wellesley, anticipating French
invasion of India.
 It imposed almost wartime press restrictions including pre-
censorship which was later relaxed by the Lord hasting.

LICENSING REGULATIONS ACT, 1823
 It was enacted by the John Adams.
 According to this regulation, press without license was a penal offence. The
restriction was directed mainly to Indian language newspapers or those
edited by the Indians.
 According to this-
 Every publisher should get a license from the government, defaulters would
be fined Rs 400 and the press would be ceased by the government.
 The government has the right to cancel the license.
 These restrictions were directed chiefly against Indian language newspapers
or those edited by Indians.
 Raja Rammohan Roy’s Mirat-ul-Akbar had to stop publication.
 Charles Metcalf (Governor-General of India 1835-36) abolished the Act.

PRESS ACT OF 1835
 In 1835 Sir Charles Metcalfe restored the
freedom of the Press with the passing of the
Press Law.
 The new Press Act (1835) required a
printer/publisher to give a precise account of
premises of a publication and cease functioning
if required by a similar declaration.
 The result of a liberal press policy was the rapid
growth of newspapers.

GAGGING ACT -1857
 During the Indian Rebellion of 1857, the “Gagging Act” had been
passed by Lord Canning, which sought to regulate the
establishment of printing presses and to restrain the mad of printed
mater.
 All presses had to have a license from the government with
distinction between publications in English and other regional
languages.
 The Gagging Act also held that no printed material shall impugn the
motives of the British Raj, tending to bring it hatred and contempt
and exciting unlawful resistance to its orders.
 When the British Government found that the Gagging Act was not
potent enough to repress all nationalist sentiments they came up
with some more forcible acts.
 Mandatory licensing for running or owning the printing press.Thakur College Of Science & Commerce,Mumbai

PRESS AND REGISTRATION OF BOOKS ACT,1867
 This act has been introduced to regulate printing-presses and newspapers.
 It provides for the preservation of copies of books and newspapers printed in
India and for the registration of such books and newspapers.
 The law applies to the whole of India.
 According to this act, "Book" includes every volume, part of division of a
volume, and pamphlet, in any language, and every sheet of music, map,
chart or plan separately printed.
 WHAT’S THE PUNISHMENT: Whoever shall edit, print or publish any
newspaper without following the rules laid down is liable to be punished with
fine of not less than Rs 2000 or imprisonment for a term not exceeding six
months, or both.
 If any person who has ceased to be a printer or publisher of any newspaper
fails or neglects to make a declaration shall be punishable by fine not
exceeding Rs 200.

SEA CUSTOMS ACT, 1878
 In India, the “Customs” in the modern form was introduced soon after the
consolidation of British rule.
 The trade in this country was then mainly by sea and with England and other
European countries.
 There was no single act or enactment of Customs laws in India prior to 1878.
The need for such an enactment was felt for the sake of uniformity of laws
prevailing in Indian States under British occupation.
 The laws relating to the levy of Customs duty, valuation, penal provisions and
enforcement were first compiled and enacted in 1878.
 These laws were confined only to Sea Customs and the statute was known as
the Sea Customs Act, 1878. It was followed by enactments of other Acts until
their repeal & amalgamation in 1962.
 Prohibition on bringing any banned material in any form (Books, gold,
phamphlet’s, weapon’s, alcohol ,etc)

VERNACULAR PRESS ACT, 1878
 Vernacular press Act was passed on 1st March 1878.
 British government was having more control over Hindi & Indian Language
Newspapers.
 It was constituted for ‘better control’ of the vernacular press and effectively
punished and repressed seditious writing.
 The district magistrate was empowered to call upon the printer and publisher of any
vernacular newspaper to enter into a bond with the Government undertaking not to
cause disaffection against the government or antipathy between persons of
different religions, caste, race through published material; the printer and publisher
could also be required to deposit security which could be seized if the offences
reoccurred.
 The magistrate’s action was final and no appeal could be made in a court of law.
 A vernacular newspaper could get an exemption from the operation of the Act by
submitting proof to a government censor.

VERNACULAR PRESS ACT 1878
 The Act provided for submitting to police all the proof sheets of
contents of papers before publication.
 What was seditious news was to be determined by the police, and
not by the judiciary.
 Under this Act many of the papers were fined, their editors jailed.
 The affected party could not seek redress in a court of law.
 The fixed amount had to be paid for security guarantee.
 This law was not applicable to the English Press.
 It was repealed by Lord Ripon in 1882.

 At the time of the first war of independence, any number of papers were in operation
in the country.
 Many of these like Bangadoot of Ram Mohan Roy, Rastgoftar of Dadabhai Naoroji
and Gyaneneshun advocated social reforms and thus helped arouse national
awakening.
 At was in 1857 itself that Payam-e-Azadi started publication in Hindi and Urdu,
calling upon the people to fight against the British.
 The paper was soon confiscated and anyone found with a At the time of the first war
of independence, any number of papers were in operation in the country.
Vernacular Newspaper

INDIAN PRESS ACT ,1910
 Security deposit was asked and this security get dissolved if
they print any objectionable material.
 This act was a revision of the Vernacular Act that
empowered the local government to demand a security at
registration from the printer/publisher and forfeit/deregister if
it was an offending newspaper.
 The printer of a newspaper was required to submit two
copies of each issue to local government.

ACT’S AFTER INDEPENDENCE

THE PRESS (OBJECTIONABLE MATTER) ACT, 1951
 This enactment provides against the printing and publication
of incitement to crime and other objectionable matters.
 It restrict the printing & publication of any kind of wrong
doing or crime and objectionable matters.

THE CINEMATOGRAPH ACT, 1952
 The Cinematograph Act of 1952 has been passed to make provisions
for a certification of cinematographed films for exhibitions by means
of Cinematograph.
 Under this Act, a Board of Film Censors (now renamed Central Board
of Film Certification) with advisory panels at regional centre is
empowered to examine every film and sanction it whether for
unrestricted exhibition or for exhibition restricted to adults.
 The Board is also empowered to refuse to sanction a film for public
exhibition.

DELIVERIES OF BOOKS & NEWSPAPER ACT, 1954
 Delivery of Books and Newspapers (Public Libraries)
Act, 1954 –
 According to this Act, the publishers of books and
newspapers are required to deliver, free of cost, a copy
of every published book to the National Library at
Calcutta and one copy each to three other public
libraries specified by the Central Government.

DRUG & MAGIC REMEDIES ACT,1954
 The Drugs and Magic Remedies
(Objectionable Advertisements) Act, 1954 is
an Act of the Parliament of India which
controls advertising of drugs in India.
 It prohibits advertisements of drugs and
remedies that claim to have magical
properties, and makes doing so a cognizable
offence.

 The act defines "magic remedy" as
any talisman, mantra, amulet or any other object which is
claimed to have miraculous powers to cure, diagnose,
prevent or mitigate a disease in humans or animal.
 The law prohibits advertising of drugs and remedies for
 inducing miscarriage or preventing conception in women
 improving or maintaining the capacity for sexual pleasure
 correction of menstrual disorders
 curing, diagnosing or preventing any disease or condition
mentioned in an included schedule

THE WORKING JOURNALISTS AND OTHER NEWSPAPER EMPLOYEES (CONDITIONS OF SERVICE
AND MISCELLANEOUS PROVISIONS) ACT, 1955
 It lays down the minimum standards of
service conditions for newspaper employees
and journalists.

YOUNG PERSONS ACT , 1956
 (a)“Harmful publication” means any book, magazine, pamphlet, leaflet,
newspaper) or other like publication which consists of stories told with the
aid of pictures or without the aid of pictures or wholly in pictures, being
stories portraying wholly or mainly-
 (i) The commission of offences; or (ii)Acts of violence or cruelty; or
 (iii)Incidents of repulsive or horrible nature; in such way that the publication
as a whole would tend to corrupt a young person into whose hands it might
fall, whether by inciting or encouraging him to commit offences or acts of
violence or cruelty or in any other manner whatsoever;
 (b)“State Government” in relation to a-Union Territory, means the
administrator thereof,
 (c)“Young person” means a person under the age of twenty years.
 It prohibits the publication of such literature which glorifies the crime,
violence or cruelty.

PARLIAMENTARY PROCEEDING ACT, 1956
 An Act to repeal the Parliamentary Proceedings (Protection of
Publication) Act, 1956.
 BE it enacted by Parliament in the Twenty-seventh Year of the
Republic of India as follows:--
 (1) This Act may be call the Parliamentary Proceedings (Protection
of Publication) Repeal Act, 1976.
 (2) It shall be deemed to have come into force on the 8th day of
December, 1975.
 It helps in protecting the reports of publication or proceedings
of parliament except in newspaper.

NEWSPAPER (PRICE AND PAGE) ACT, 1956
 An Act provide for the regulation of
the prices charged for newspapers in
relation to their pages and of matters
connected therewith for the purpose of
preventing unfair competition
among newspapers so
that newspapers may have fuller
opportunities of freedom of expression. .

THE COPYRIGHT ACT , 1957
 ‘Copyright’ means the exclusive right to commercially exploit the original literary, dramatic, artistic,
musical work, sound recordings or cinematographic films as per the wishes of the owner of
copyright subject to the restrictions imposed in the Act.
 Although this Act, is applicable to all the branches of media, in some areas it is specific to this
particular genre. In the case of a Cinematographed film, to do or to authorize the doing of any of the
following acts would lead to the infringement of copyright.
 Those acts are namely:-
· To make a copy of the film
· To cause the film, in so far, as it consists of visual images, to be seen in public and in so far as it
consists of sounds to be heard in public
· To make any record embodying the recording in any part of the soundtrack associated with the film
by utilizing such sound track
· To communicate the film by radio-diffusion
 The Act also makes it a cognizable offence for anyone to sell, hire, distribute, exhibit, possess or
view any unauthorized recordings and prescribes severe penalties, including imprisonment, fines as
well as confiscation of the equipment used for the purpose of such recording and exhibition.
 The Amendments to The Copyright Act also prohibit unauthorized transmission of films on the cable
television.

DEFENCE OF INDIA ACT, 1962
 This Act came into force during the Emergency
proclaimed in 1962.
 This Act aimed at restricting the Freedom Of The Press to
a large extent keeping in mind the unrest prevailing in
India in lieu of the war against China.
 The Act empowered the Central Government to issue
rules with regard to prohibition of publication or
communication prejudicial to the civil Defence/military
operations, prevention of prejudicial reports and
prohibition of printing or publishing any matter in any
newspaper.

THE PRESS COUNCIL OF INDIA ACT, 1965
 The Press Council of India is a statutory, adjudicating organization in India
formed in 1966 by its parliament. It is the self-regulatory watchdog of the press,
for the press and by the press, that operates under the Press Council Act of
1978.
 The Council has a chairman – traditionally, a retired Supreme Court judge, and
28 additional members of which 20 are members of media, nominated by the
newspapers, television channels and other media outlets operating in India.
 In the 28 member council, 5 are members of the lower house (Lok Sabha) and
upper house (Rajya Sabha) of the Indian parliament and three represent culture
literary and legal field as nominees of Sahitya Academy, University Grant
Commission and Bar Council of India .
 Justice Chandramauli Kumar Prasad is Chairman of the Council as of 2015.
 He has been appointed for a second term. The predecessor was
Justice Markandey Katju (2011 – 2014)

CIVIL DEFENCE ACT, 1968
 The Civil Defence Act, 1968 defines civil defence as any measure, not amounting to actual
combat, that protects persons, property and places in India from hostile attack. It includes
measures that deprive such attack of its effect. The measures may be taken before, after or
during such attack.
 Powers of the Central Government
 The central government may make rules regarding a number of items. Some of these are
related to:
 Instruction of members of public regarding civil defence and equipment for that
purpose Prohibiting and regulating traffic.
 Control of light and sounds
 Prohibiting or regulating the use of explosives, vessels, wireless telegraph, photographic and
other recording equipment
 Control of roads, waterways, water supply etc.
 Preventing and controlling the use of uniforms
 Prohibiting any person to be out of doors between specified hours
 Regulating the conduct of persons in areas, the control of which is considered necessary or
expedient
 Prohibiting the printing and publishing of newspaper, book etc containing matters prejudicial to
civil defence.

 Powers of the State Government
 Constituting Civil Defenses Corps for any area within the state, and appointing a person of the
rank of District Magistrate or higher as its Controller
 Appointing a Director of Civil Defence, to whom the Controllers have to report
 Making orders under the rules framed by the central government.
 Other Key Features
 The Act specifies penalties for non-compliance
 Orders made in exercise of any power conferred by this Act may not be questioned in any court
 The provisions of this Act do not apply to the Armed Forces of the Union.
 The Amendment Bill
 The Civil Defence Amendment Bill, 2009 expands the definition of civil defence to include “any
measure taken for the purpose of disaster management before, during, at or after any disaster”.
 The Bill defines “disaster” and “disaster management” as defined in the Disaster Management
Act, 2005.
 Issues for Consideration
 This Bill amends the Civil Defence Act, 1968 to enable the provisions of that Act to be applied
during disasters. Currently, these provisions may be used only at times of a hostile attack.

MONOPOLY AND RESTRICTIVE TRADE PRACTICE ACT,1969
 1. The act came into force from 1st June, 1970. The act aims to prevent concentration of
economic power, provide for control of monopolies, and protect consumer interest. Currently, the
MRTP Act has been renamed as the Competition Act, 2002, with a few changes to it.
 2. To ensure that the operation of the economic system does not result in the concentration of
economic power in the hands of few. To provide for the control of monopolies To prohibit
monopolistic and restrictive trade practices. After the amendment of the act in 1984, a 4th
objective was introduced, which was Regulation of Unfair Trade Practices.
 3. The MRTP Act extends to the whole of India except Jammu and Kashmir. Unless the Central
Government otherwise directs, this act SHALL NOT apply to: Any undertaking owned or
controlled by a Government company Any undertaking owned or controlled by the Government
Any undertaking owned or controlled by a corporation (not being a company established by or
under any Central, Provincial or State Act)
 4 Any trade union or other association of workmen or employees formed for their own
reasonable protection as such workmen or employees. Any undertaking engaged in an industry,
the management of which has been taken over by any person or body of persons under powers
by the Central Government. Any undertaking owned by a co-operative society formed and
registered under any Central, Provincial or State Act. Any financial institution.
 5. A Monopolistic Trade Practice is that which represents abuse of market power in production
and marketing of goods and services by eliminating potential competitors, charging
unreasonably high prices, preventing or reducing competition, limiting technical development,
deteriorating product quality, etc.

RTI ACT , 2005
 Right to Information is an act of the Parliament of India which sets
out the rules and procedures regarding citizens' right to
information. It replaced the former Freedom of Information Act,
2002.
 Under the provisions of RTI Act, any citizen of India may request
information from a "public authority" (a body of Government or
"instrumentality of State") which is required to reply expeditiously
or within thirty days.
 In case of matter involving a petitioner's life and liberty, the
information has to be provided within 48 hours. The Act also
requires every public authority to computerise their records for
wide dissemination and to proactively certain categories of
information so that the citizens need minimum recourse to
request for information formally.

 This law was passed by Parliament on 15
June 2005 and came fully into force on 12
October 2005. Every day, over 4800 RTI
applications are filed. In the first ten years of
the commencement of the act over
17,500,000 applications had been filed

SOME OTHER ACTS
 Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
 This legislation affords a measure of protection to those employed in the industry by imposing
certain obligations on motion picture producers and theatre owners concerning the former’s
condition of service.
Cine Workers Welfare Cess Act, 1981 and the Cine Workers Welfare Fund Act 1981
 They seek to create means of financial support to cine employees, the seasonal and
unpredictable nature of whose employment often leaves them impoverished and helpless.
Besides these, there are also a few local legislations, which affect the film medium; viz.
The Bombay Police Act, 1951
 It contains provisions empowering the police to regulate the exhibition of films in the state of
Maharashtra (formerly Bombay).
Bombay Cinemas (Regulation) Act, 1953
 It provides a scheme for state licensing of cinema theatres and other places where motion
pictures are exhibited
The Bombay Entertainments Duty Act, 1923
 It imposes a tax on the public exhibition of motion pictures and other forms of entertainment.

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