Editors Guild of India expresses concerns over Press and Registration of Periodicals Bill

The Editors Guild of India on Sunday voiced deep concerns about certain “draconian powers” in the Press and Registration of Periodicals Bill that grant government powers to have more intrusive and arbitrary checks into the functioning of newspapers and magazines.

The Guild has issued a statement calling for the referral of the Press and Registration of Periodicals (PRP) Bill, intended to replace the Press and Registration of Books Act 1867, to a Parliamentary Select Committee.

Last week, Rajya Sabha passed the bill to replace a British-era law governing the publishing industry and simplify the process for the registration of periodicals with the government.

Information and Broadcasting Minister Anurag Thakur said the Press and Registration of Periodicals Bill, 2023, which was passed by a voice vote, will make the registration of periodicals a one-step process as against the eight-step process in the archaic law.

“Though the "Statement of Objects and Reasons" mentions that the "proposed legislation is based on the spirit of upholding media freedom and ease of doing business", in effect the new bill in fact widens the powers of the State to have more intrusive and arbitrary checks into the functioning of newspapers and magazines than the existing law had,” the Guild said in a statement.

The Guild is concerned about the expansion of powers of the Press Registrar, the new restrictions on citizens to bring out periodicals, the continuation of power to enter premises of news publications, the vagueness inherent in many of the provisions and the ambiguity surrounding power to frame rules that can have adverse implications on press freedom, it added.

“We highlight below some of the primary concerns: Expansion of power beyond Press Registrar: In the definitions section, the term "specified authority" gives power to government agencies beyond the Press Registrar, to conduct the functions of the registrar, which could even include police and other law enforcement agencies. Given the intrusive, expansive and vague nature of powers that the bill in any case allows to the Press Registrar, the power to further delegate this power to other government agencies including law enforcement agencies is deeply distressing,” the Guild said.

The Guild has urged that only the Press Registrar should be the relevant authority for the purpose of this act and no other government agency should be given any powers with respect to registration of periodicals.

Denial and cancellation of registration to persons convicted for "unlawful activity": Section 4(1) and 11(4), allow the Registrar to deny the right to bring out a periodical, and to cancel the certificate of registration of a periodical, to persons convicted of "terrorist act or unlawful activity", or "for having done anything against the security of the State", the Guild stated.

“Interestingly, the PRB Act, 1867, had no such provisions. Given the liberal and arbitrary use of UAPA (which is the basis for defining "terrorist act" and "unlawful activity"), as well as other criminal laws, including Sedition, against journalists and media organisations to suppress freedom of speech, the Guild is deeply concerned by the introduction of these new provisions, and the way they can be misused to deny the right to bring out news publications to persons who are critical of governments,” it added.

“Power to enter premises of Press organisations: Under Section 6(b), the bill gives power to the Press Registrar, (as well as any other "specified authority") to enter the premises of a periodical to "inspect or take copies of the relevant records or documents or ask any questions necessary for obtaining any information required to be furnished".

“This authority to enter a press organisation is excessively intrusive and it is deeply concerning that while on one hand, in the "Statement of Objects and Reasons'' it is claimed that the intention is to make the process less cumbersome for press organisations but yet such powers are continued from the earlier act,” stated Guild.

The Guild also pointed out another point which is, concerns regarding the power to frame rules: Section 19 gives the Central government powers to frame rules and guidelines under which news publishing is to be done in India. It has been seen time again that the power to frame rules under various acts has been used in arbitrary as well as excessively intrusive manner.

The recent IT Rules 2021, and the latest amendments made to it regarding setting up of a 'fact-checking unit' with sweeping powers to order content takedown is an illustrative example. Therefore, for the sake of preserving freedom of the press, it is submitted that all such rules be clearly defined within the act, and there be no provisions left to the discretion of a future government or a government authority, it added.

“Editors Guild of India would like the proposed bill to ensure that publishing of news in India remains free of encumbrances and intrusive checks on publishers by the registrar and that the primary emphasis of the registrar and the PRP remains 'registration' and nor 'regulation', as the latter has the potential of restricting freedom of the press. The law on this issue should be more respectful of freedom of the press and should avoid granting vast powers to regulatory authorities to either interfere or shut down the press at their whims and fancies,” the Guild said.

The Guild has already written to Prime Minister Narendra Modi, Lok Sabha Speaker Om Birla, Rajya Sabha Chairman Jagdeep Dhankhar, leaders of political parties, as well as Information and Broadcasting Minister Anurag Thakur highlighting its concerns on the Bill.

The PRP Bill was introduced in the Rajya Sabha on August 1 and passed two days later.

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