Draft IMC Report On Press Freedom in India 03.12.2020

REPORT OF THE
INDEX MONITORING CELL

सू चना एवं सारण म
ं ालय
भारत सरकार
Ministry of Information and Broadcasting
Government of India

Report of the Index Monitoring Cell | December 2020

Preface

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Acknowledgements

The Index Monitoring Cell (IMC) expresses its gratitude towards renowned
journalists Shri P. Sainath, Shri Rajat Sharma, Shri Hitesh Shankar and Shri
Jagdish Upasane for sparing their precious time, participating in the discussions
and presenting the stakeholder view regarding press freedom in India.
Additionally, the IMC is grateful for the support and inputs received from the
National Broadcasters’ Association.
The IMC also expresses its gratitude to the Ministry of Law & Justice and
Ministry of External Affairs for supporting the functioning of the Cell. The IMC is
also grateful towards various organizations, namely, in alphabetical order,
Bureau of Outreach & Communication (BOC), Indian Institute of Mass
Communication (IIMC), New Media Wing (NMW), NITI Aayog, Press Council of
India (PCI), Press Information Bureau (PIB), and Registrar of Newspapers for
India (RNI), for their inputs and analyses.
Special thanks are due to Shri P.K. Abdul Kareem, Economic Advisor, Ministry of
Information & Broadcasting for effective coordination with the Ministry of
Information & Broadcasting. The IMC is also thankful for the support provided
by the Press Facilitation Wing within PIB for secretarial assistance.
The IMC also extends its acknowledgements to Dr. Ananya Roy, Senior
Consultant, IIMC and the Press Facilitation Wing for drafting of the report.
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Contents

Preface 1
Acknowledgements 3
Contents 3
List of Abbreviations 6
Index Monitoring Cell 8

Background 8
Composition 8
Activities Assigned 10
Functioning 10
Chapter 1. Introduction 12

1.1. What is Press Freedom and why is it essential for a democratic India 12
1.2 Objective of the Report 13
Chapter 2. Coordination with NITI Aayog 15

2.2 Indicative Action Points 15
2.3 Action Taken 16
Chapter 3. Press Freedom in India: Analysis 18

3.1 Press Freedom in India: Current Status on International Indices 18
3.2 Press Freedom Index 18
3.3 Key laws related to the practice of journalism in India 21
3.3 Press Freedom in India: Strengths 21
3.4 Points of concern 30
Chapter 4. Recommendations 33

4.1 Definition of a journalist and journalism practice 33
4.2 Quantitative tool to measure media pluralism in India 34
4.3 Establishment of Media Council of India 35
4.4 Legal and Administrative Security for Journalists 36
4.5 Financial Security of Journalists 37
4.6 Physical safety of Journalists 37
4.7 Engagement with Industry Representatives and Media Associations 37
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4.8 Re-skilling and upskilling of journalists 38

4.9 Coordination with other line Ministries/Departments 38
4.10 Widening the ambit of accreditation 39
4.11 Engagement with International Media Ranking agencies 39
4.12 Communication Strategy 39
4.13 Developing an India specific Index 40
Appendices 41
References 42

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List of Abbreviations

ASCI : Advertising Standards Council of India
BEA : Broadcast Editors' Association
BOC : Bureau of Outreach and Communication
CAGR : Compound Annual Growth Rate
CoS : Committee of Secretaries

IAMAI : Internet and Mobile Association of India
IBEF : India Brand Equity Foundation

IIMC : Indian Institute of Mass Communication
IMC : Index Monitoring Cell

INR : Indian Rupee
IRS : Indian readership Survey

MIB : Ministry of Information & Broadcasting
NBA : News Broadcasters Association

NBSA : News Broadcasting Standards Authority
NMW : New Media Wing

OM : Office Memorandum
PAC : Panel Advisory Committee

PCI : Press Council of India
PIB : Press Information Bureau
RNI : Registrar of Newspapers for India
RSF : Reporters Sans Frontieres
UNESCO : United Nations Educational, Scientific and Cultural

Organization

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Index Monitoring Cell

Background
The Government of India felt the need to measure and monitor the
performance of various important social, economic, and other parameters
through internationally recognized indices so as to bring reforms in the policies
and processes. 32 indices were identified by the Committee of Secretaries (CoS)
for the purpose of monitoring. In this regard, the Ministry of Information &
Broadcasting was assigned the Press Freedom Index.
The Cabinet Secretary to the Government of India, through a communication
dated 05.02.2020 (Appendix 1), advised that the Ministry of Information &
Broadcasting may establish an Index Monitoring Cell (IMC) to coordinate the
work on the Press Freedom Index. The Cabinet Secretary also highlighted the
key aspects of the role and responsibilities of the IMC.
The Ministry of Information & Broadcasting constituted the Index Monitoring
Cell (IMC), through an O.M. dated 27.03.2020 (Appendix 2), chaired by Principal
DG, Press Information Bureau (PIB).

Composition
Sl. Member Details Designation and Organization Capacity

No.
1. Shri Kuldeep Principal Director General, Press Chairperson

Singh Dhatwalia Information Bureau (PIB)
2. Ms. Kanchan Additional Director General, Press Member

Prasad Mandlaus Facilitation, PIB
3. Ms. Rina Sonowal Additional Director General, Registrar Member

of Newspapers for India (RNI)
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4. Ms. Ranjana Dev Additional Director General, Bureau of Member
Sarmah Outreach and Communication (BOC)
5. Shri Satish Additional Director General, New Media Member

Namboodripad Wing (NMW)
6. Ms. Mamta Additional Director General (Training), Member

Varma Indian Institute of Mass
Communication
7. Ms. Anupama Secretary, Press Council of India Member

Bhatnagar
8. Shri Girish Director (IP), Ministry of Information & Member

Chandra Aron Broadcasting
9. Shri Rajesh Uike Director, XP Division, Ministry of Member

External Affairs
10. Shri Saumya Monitoring and Evaluation Lead, NITI Member

Chakravorty Aayog
11. Ms. Tejaswi Deputy Director, Press Facilitation, PIB Member

Menda Secretary
12. Shri P. Sainath1 Renowned Journalist Member

(Media
Professional)
13. Shri Rajat Renowned Journalist Member

Sharma 1
(Media
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Professional)
14. Shri Jagdish Veteran Journalist Member

Upasane2 (Media
Professional)
15. Shri Hitesh Senior Journalist Member

Shankar 2
(Media
Professional)
1
Names suggested by the Press Council of India.
2
Approval of inclusion of the two members in the IMC conveyed by the Ministry of Information & Broadcasting
in communication dated 10.09.2020 (Appendix 3).
Activities Assigned
The Index Monitoring Cell was assigned the following activities to
improve the ranking of India in the Press Freedom Index:
1. Building an understanding of the Index
2. Coordination and support to stakeholder Ministries/Departments
3. Establishing monitoring and communication mechanisms
Details regarding the members and responsibilities of the IMC follow in
the OM. dated 27.03.2020 regarding the constitution of the IMC (Appendix 2)

Functioning
PIB (Press Facilitation Wing), providing secretarial assistance to the IMC,
initiated the background work for the IMC through following key activities:
● Initiating communication with the publishing agency Reporters Without
Borders (RSF) to understand the methodology of the ranking (Appendix
4);
● Seeking support of Indian Institute of Mass Communication (IIMC) to
undertake a research project regarding the Index (Appendix 5);
● Gathering inputs from the Press Association (Appendix 6).
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The IMC has held three meetings (to be updated later) till date. The
minutes of respective meetings of the IMC are attached at Appendix 6. During
each meeting, the members actively discussed various aspects related to press
freedom in India, perused various documents and brainstormed on various
strengths and issues of concern with respect to press freedom in India. These
are summarised in the Sections 3.3 and 3.4 of the report. Based on the
discussions and documents, the IMC is making several recommendations that
may be taken up by the Ministry of Information & Broadcasting. These are
summarised in Chapter 4 of the report.

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Chapter 1. Introduction

1.1. What is Press Freedom and why is it essential for a democratic India
Press Freedom has been defined by Weaver (1977) as the “relative
absence of governmental and other restraints on the media, and the presence
of those conditions necessary for the dissemination of a diversity of ideas and
opinions to a relatively large audience that have the Right of access to media”.
According to Lowenstein (1967), “a completely free press is one in which
newspapers, periodicals, news agencies, books, radio, and television have
absolute independence and critical ability, except for minimal libel and
obscenity laws. A completely free press has no concentrated ownership,
marginal economic units or organized self-regulation...” In addition, as
Schramm (1967) contended, controls on the Press should rest with ownership
that is expected to act rationally and be devoid of heavy-handedness, and with
the courts that may not prosecute journalists for free expression in public
interest except for trespasses on the widely-accepted principle of the general
law of jurisprudence, and limit their attention to offenses such as libel,
obscenity, and sedition that present a clear danger.
Press Freedom and democracy is highly correlated by the most
comparative analyses. A plethora of research and scholarship has cited the
crucial role of the media in national development. Freedom of the Press is
central to the efficient functioning of a nation, and key to its socio-political
stability and national development. As per United Nations Educational,
Scientific and Cultural Organization (UNESCO), freedom of the press and the
right to information are essential for a free, independent and pluralistic media,
and crucial to the advancement of human rights and sustainable development
(UNESCO).
UNESCO further states that “a free press is not a luxury that can wait for
better times; rather, it is part of the very process which can bring about better
times. Freedom of the press should not be viewed solely as the freedom of
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journalists to report and comment. It is strongly correlated with the public’s
right of access to knowledge and information. Communication often acts as a
catalyst for the development of civil society and the full exercise of free
expression enables all parts of society to exchange views and find solutions to
social, economic and political problems. Free media plays a crucial role in
building consensus and sharing information, both essential to democratic
decision-making and to social development.”

1.2 Objective of the Report
Several indices around the world measure countries on the level of
freedom available to the Press and journalists. Compared to the actual
situation regarding press freedom in India, the country has been ranked
relatively low on most of these indices, thereby projecting a global picture that
is not in line with the ground situation in India. It is as much as a matter of
concern that India, a secular and democratic country, which has an
incomparably diverse media, a truly pluralistic yet liberal media and society, a
country where the legislative framework provides the media with unbridled
opportunities to function freely and fearlessly, and a considerably transparent
media, has consistently ranked low on these indices.
The IMC, after consultations with stakeholders and internal analyses, has
concluded that there are numerous aspects which indicate that the press
freedom in India is not only guaranteed by the provisions of law but also
through measures being taken by the Union and State Governments. These
provisions and positive actions taken by the Governments, at national and
state/UT levels, have not received considerable visibility in the international
arena. The IMC has also recognized some areas of concern regarding press
freedom in the country which need attention and a proactive approach towards
resolution.
In accordance with the activities assigned to the Index Monitoring Cell,
this report aims at documenting the actions taken by the IMC, analyzing the
Press Freedom Index and India’s performance therein, identifying areas of
strengths and concern with respect to press freedom in India, and suggesting
concrete steps that the Government of India can take in order to not only
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improve the ranking of India in the Press Freedom Index, but also further
increase the freedom available to the press in India.

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Chapter 2. Coordination with NITI Aayog

2.1 Background
The Cabinet Secretary to the Government of India, through
communication dated 05.02.2020 (Appendix 1), communicated to the Ministry
of Information & Broadcasting that NITI Aayog would hold a workshop with the
Secretaries and senior officers of all Ministries/Departments concerned to
finalize the approach and methodology for the monitoring mechanism of select
global indices.
In this regard, the Index Monitoring Cell was informed that NITI Aayog
organized a workshop, chaired by the Cabinet Secretary, on 10.07.2020. The
workshop identified the broad concerns which include identifying the reform
areas, engaging with publication agencies, stakeholder consultations, etc. The
IMC was also informed that the workshop also discussed the development of a
dashboard for monitoring of various parameters related to the index on a
regular basis.

2.2 Indicative Action Points
The Index Monitoring Cell has been informed that activities, indicative in
nature, required to be undertaken by the Nodal Ministries/Departments, in
consultation with the line Ministries/Departments, include the following:
● Development of Implementation and Monitoring Mechanism

● Driving reforms and Growth through analysis of Performance on Global
Indices and Identification of Reform Areas and Reform Actions
● Engagement with Publishing Agencies
● Developing index-specific Communication Strategy
The details regarding the list of activities is enclosed in Appendix 7.
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Additionally, a list of requirements was provided for the basic

information to be entered in the proposed dashboard. Broadly, these
requirements include following:
● General information regarding the Index.

● Information regarding the parameters of the Global Index as used by the
Publishing Agency.
● Information regarding development of an India Index for ranking of
States.
● Information regarding reform areas and reform actions.
Details regarding the information sought for the development of the dashboard
are enclosed in Appendix 8.

2.3 Action Taken
The Index Monitoring Cell undertook a detailed analysis of the Press
Freedom Index and its methodology (Appendix 9). The IMC also analysed the
questionnaire which is used to survey and collect the responses for ranking of
countries on the index (Appendix 10).
The IMC has identified several reform areas regarding press freedom in
India. These are presented in Chapter 4 of the report as recommendations.
For engaging the publishing agency, namely RSF, the IMC took following
steps:
● Initial communication during the month of April 2020 (Appendix 4).

● With support of the Ministry of External Affairs, a meeting between the
Ambassador of India to France and RSF officials was arranged wherein
the Ambassador presented India’s perspective on the subject matter. The
Record of Discussion of the meeting is enclosed at Appendix 11.
● The aforesaid meeting was followed by another meeting between the
Chairperson, IMC and Secretary General, RSF.
With regard to the communication strategy, Index Monitoring Cell has
observed that the positive aspects, existing legal provisions and various efforts
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taken by the Government for the freedom of press have not received
considerable visibility. In this regard, the IMC proposes a three-pronged
communication strategy. The strategy has been elaborated in Chapter 4 of the
report.
For the purpose of development of a dashboard for monitoring the Press
Freedom Index, general information and information regarding the parameters
of the Index is enclosed in Appendices 12 and 13 respectively. In addition to
this, the IMC has identified various quantitative parameters (Appendix 14) that
may be considered for monitoring at the national level. Here, it must be noted
that press freedom is a highly subjective area of study which requires analysis
on quantitative as well as qualitative aspects. In this regard, the Press Freedom
Index is unique in its own right. Therefore, the monitoring framework and
approach indicated by NITI Aayog may need suitable modifications to be
applied for the Press Freedom Index.
With respect to development of an India Index related to press freedom,

the IMC has deliberated upon the subject. The recommendation in this regard
is also mentioned in Chapter 4 of the report.

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Chapter 3. Press Freedom in India: Analysis

3.1 Press Freedom in India: Current Status on International Indices

Index India's Ranking
2020 2019 2018 2017
Freedom of the Press 71 75 77 77

Index
(Freedom House)
Press Freedom Index 142 140 138 136

(RSF)
Table 1. India’s Rank on International Press Freedom Indices
An analysis of the parameters of the Freedom of the Press Index, by
Freedom House, is enclosed at Appendix 15. Detailed analysis of the Press
Freedom Index released by RSF is presented in Section 3.2 of this chapter.
In addition of the two aforesaid indices, press freedom is also measured

using Media Sustainability Index by the International Research and Exchanges
Board (IREX) in collaboration with the United States Agency for International
Development (USAID), African Media Barometer by Friedrich-Ebert-Stiftung
(FES), and Media Development Indicators of UNESCO. These indices are not
applicable to India.

3.2 Press Freedom Index
The World Press Freedom Index, commonly known as the Press Freedom
Index, is an annual ranking of countries compiled and published by ‘Reporters
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Without Borders’ (RSF), a Paris based NGO, based upon the organisation's own
assessment of the countries' press freedom records in the previous year.
Year Ranking Global Score* of

India
2020 142 45.33
2019 140 45.67
2018 138 43.24
2017 136 42.94
2016 133 43.17
2015 136 40.49
2014 140 40.34
2013 140 41.22
(*Score ranges from 0-100 with 0 being the best possible score)
Table 2. India’s ranking and score in the Press Freedom Index
Based on the Global Score of various countries, the organization also
releases a Press Freedom Map. The colour categories in the map are assigned
as follows:
● From 0 to 15 points: Good situation (white)

● From 15.01 to 25 points: Satisfactory situation (yellow)
● From 25.01 to 35 points: Problematic situation (orange)
● From 35.01 to 55 points: Difficult situation (red)
● From 55.01 to 100 points: Very serious situation (black)
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Fig. 1 Press Freedom Map
The detailed methodology of the Press Freedom Index is presented and
analyzed in Appendix 9. The IMC identifies following key concerns related to
the methodology employed by RSF:
● Lack of transparency:
○ Selection of the indicators
○ Missing questions in the questionnaire
○ Definitions of terms
○ Individual indicator scores
○ Data collection: Respondents and objective data sources
● Western Bias
● Selection of parameters
Furthermore, with academic support of IIMC, the questionnaire used by
RSF for evaluating a country was analyzed with respect to India. The analysis is
enclosed in Appendix 10. An analysis of top and worst performers on the Press
Freedom Index 2020 has also been performed (Appendix 16). A pilot survey of
Indian and foreign journalists using the RSF questionnaire was also conducted.
The findings of the study are presented in Appendix 17.

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3.3 Key laws related to the practice of journalism in India

The IMC, with the support of the Legislative Department, Ministry of Law
& Justice, has compiled a list of media related laws in India. The list, along with a
brief description about the laws is enclosed at Appendix 18.

3.3 Press Freedom in India: Strengths
Plurality of Traditional Media
The Audit Bureau of Circulation mentions that 23.7 million copies of
daily newspapers have been added in the last 10 years (Press release 8 May
2017). In India, there are a total of 0.12 million registered publications of which
17,573 are newspapers of daily, bi- or tri-weekly periodicity and the rest are
magazines and periodicals. Indian Readership Survey (IRS) 2019 Quarter 1
report clearly shows that the growth in readership of print media is still
increasing. The IRS reports that the readership of dailies increased by 18 million
since 2017 and the readership of magazines has increased by 9 million. Though
the newspaper industry has not stopped expansion, it has, however, reportedly
slowed down. The number of new publications registered during 2017-2018
was 3,704, while 285 publications were rescinded. The overall growth of
registered publications over the previous financial year stands at a positive
2.98% (IRS 2019). The overall Print industry size (in INR Billion) is estimated to
grow at a Compound Annual Growth Rate (CAGR) of 5.9% between 2018 and
2023. A comparative analysis of IRS 2017 and 2019 data clearly indicates that
the regional language press is now the forerunner in the print media.
The Total Number of Registered Publications 1,18,239
Newspapers (daily, tri/bi-weekly periodicities): 17,573
Periodicals category (other periodicities): 1,00,666
The number of new publications registered during 3,704

2017-18
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Number of publications ceased during 2017-18 285
Percentage of growth of total registered publications 2.98%

over the previous year
The largest number of publications registered in any 47,989

Indian language (Hindi)

The second largest number of publications registered in 14,626

any language other than Hindi (English)

The State with the largest number of registered 17,992

publications (Uttar Pradesh)
The state with the second largest number of registered 16,241
publications (Maharashtra)
The total circulation of publications during 2017-18 43,00,66,629
Hindi publications 19,56,21,990
English publications 5,34,53,564
Urdu publications 2,52,89,731
Largest circulated Daily: Ananda Bazar Patrika, Bengali, 11,18,440

Kolkata
Second largest circulated Daily: Hindustan Times, English, 9,57,176
Delhi
Largest circulated Hindi Daily: Punjab Kesari, Jalandar 7,18,563
Largest circulated multi-edition Daily: Dainik Bhaskar, 51,19,720

Hindi (58 editions)
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Second-largest circulated multi-edition Daily: The Times 43,34,769

of India, English (34 editions)
Largest circulated periodical: Sunday Times of India, 8,18,768

English/Weekly edition, Mumbai
Largest circulated periodical in Malayalam: Vanitha, 5,84,261

Malayalam/Fortnightly edition, Kottayam
Newspapers: Total Numbers, National & Regional/ 17,573

Language
Total registered publications of all types 1,18,239

(Source: Office of the Registrar of Newspapers, GoI, 2018)
Table 3. Indian Press in 2017-18 (As on 31st March, 2018)
In the Public Service broadcasting system, All India Radio has 420
stations across the country and there are 23 Doordarshan (TV) channels. In
addition, there are two television channels run by the Upper and Lower Houses
of the Parliament, named Rajya Sabha Television and Lok Sabha Television
respectively. Permitted National and Regional Private Channels stand at 877
(MIB, 2018). The two public broadcasters, namely All India Radio and
Doordarshan, bring out 607 and 170 daily bulletins respectively with the former
telecasting in 92 languages/dialects and the latter in 23. More than 400
television news channels and close to 500 regional and national entertainment
TV channels make the Indian broadcasting sector a prolific one. Overall TV
viewership grew by 21% across all age groups in 2017. The television industry
grew to Rs 651.90 billion (US$10.11billion) in FY 18 from Rs 595.30 billion
(US$8.87 billion) in FY17 at a CAGR of 9.50 per cent. (Source: IBEF, 2019).
Broadcast radio (AM) reaches a staggering 99% of the Indian

population, while FM radio reaches 65% (Financial Express, 2018). Operational
FM Radio channels in India as of May 17, 2019 are 380 (MIB, 2018). Operational
Community Radio stations as of August 23, 2018 stand at 238 stations
(including campus radio stations and Krishi Vigyan Kendra radio stations) (MIB,
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2018). In FY 18, the radio industry in India accounted for a market size of Rs
25.90 billion (US$401.86 million) and Rs 24.00 billion (US$357.73 million) in
FY17, registering growth of CAGR 7.90 per cent. (IBEF, 2019). Radio listenership
is higher in cities (IRS 2017) but radio audience monitoring data is not available
in the public domain.
Internet penetration and Digital Media
India is currently undergoing a digital revolution as a result of multiple
supportive Government policies and programs under the overall vision of
Digital India.
As per the report by Internet and Mobile Association of India (IAMAI)
(reference:https://cms.iamai.in/Content/ResearchPapers/2286f4d7-424f-4
bde-be88-6415fe5021d5.pdf), India has 50.4 crore active Internet users who
are 5 years & above as of Nov’ 2019. This makes India the second largest online
market across the globe. There are close to 22.7 million internet users in rural
India and 20.5 crore in urban India. Even though the Internet penetration in
urban areas is higher, rural penetration is growing at a faster rate at 18% in
Nov’19 compared to Mar’19. This is a clear evidence that internet penetration
even in rural India is increasing and the digital divide between rural and urban
India is rapidly narrowing.
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Figure 2. Internet Penetration: Dec’ 2003 to Dec’ 2025
Figure 3. Volume of Yearly Wireless Data Usage: 2014 to Dec’ 2025
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The IAMAI report cited above also states that 1 out of 3 use the internet

to watch/read news online. As per comScore, in September 2019, 96% of
internet users in India accessed a news site.
Reuters’ India Digital News Report 2019 (reference:

https://reutersinstitute.politics.ox.ac.uk/sites/default/files/2019-03/India_
DNR_FINAL.pdf) states that “online news generally (56%), and social media
specifically (28%), have outpaced print (16%) as the main source of news among
respondents under 35, whereas respondents over 35 still mix online and offline
media to a greater extent”. It further states that “the most widely used online
news sources (beyond platforms) are generally the websites of leading legacy
media including broadcasters and newspapers, but some digital-born news
media have significant reach, including some alternative and partisan sites who
despite limited name recognition have built relatively large audiences.”
The media sector has also seen a decisive change because of the growing
use of Indian language content online. In the next 5 years, 9 in 10 new internet
users are expected to be Indian language users (KPMG 2017). The report also
informs that this change can be analyzed as the combined effect of six reasons:
● Reduced data charges

● Rising disposable income
● Indian language enablement in online ecosystem
● Growth in overall internet penetration
● Growth in smartphone users and
● Improving digital literacy in rural India
There are multiple Indian digital news portals, news media websites,
news services, online news websites, news aggregators and magazines & e-zine
websites.
Freedom of Speech and Media Self-Regulation
Article 19 of the Constitution of India guarantees the freedom of speech
and expression, which also implies the freedom of press. There is no pre or
post censorship on any news report in India, subject to the reasonable
26


restrictions provided on free speech provided in Article 19 (2) of the
Constitution.
Press in India is mostly self-regulated. Press Council of India (PCI) acts as

the regulator for print media in India. The PCI is a statutory body established
under the PCI Act of 1978 for the purpose of preserving the freedom of the
press and of maintaining and improving the standards of newspapers and
news agencies in India. Having representatives from the industry as members,
the PCI is truly a body by the press, of the press and for the press. The
functions of the PCI include, among others
● Helping newspapers maintain their independence;

● Build a code of conduct for journalists and news agencies;
● Help maintain “high standards of public taste” and foster responsibility
among citizens; and
● Review developments likely to restrict flow of news.
The PCI also has the power to receive complaints of violation of
journalistic ethics, or professional misconduct by an editor or journalist.
Decisions of the PCI are final and cannot be appealed before a court of law.
More details on the role of the PCI are enclosed at Appendix 19.
News channels are also governed by the mechanisms of self-regulation.
One such mechanism has been created by the News Broadcasters Association
(NBA). News Broadcasting Standards Authority (NBSA), a part of the
self-regulatory organisation, issues standards, which are more of guidelines
than legal bindings. Programme and Advertising codes for regulating content
broadcast on the television, are issued under the Cable Television Networks
(Regulation) Act, 1995. The NBSA is empowered to warn, admonish, censure,
express disapproval and fine the broadcaster for violation of the Code. Another
such organization is the Broadcast Editors’ Association. The Advertising
Standards Council of India has also drawn up guidelines on content of
advertisements.
Right to Information & Easy Access to Information
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The Right to Information Act, 2005, enables the establishment of a
regime where transparency is the norm. Any citizen can seek information
regarding the activities of public authorities. The press in India actively utilizes
this right to bring to light important issues of public interest.
The Government strives to ensure ease of access to information for the
press. The relationship between the government and the media in New Delhi
as well as state capitals is vibrant and regular.
The work culture in the Government of India involves transparency as
the norm. All Ministries have special teams to ensure every work related to
public welfare is put out on time. On issues of economy, fighting the
COVID-19 pandemic, foreign affairs, defence and internal security,
Government agencies have shown exemplary transparency in sharing regular,
even day-to-day updates, responding to criticism with valid inputs and
welcoming scrutiny at all levels. The Government of India encourages the use
of the right to information by the media as well the common people.
The press is facilitated for the coverage of events through the Press
Information Bureau (PIB) in the Government of India and State Information
Departments. Press releases, press conferences, media press briefings and
sharing of information in social media is regularly arranged for the media
persons. Live telecast and webcast of press conferences and major events
ensures complete transparency.
Media is regularly granted access to senior Ministers and officials for
conducting interviews on important issues pertaining to the country. The
Hon’ble Prime Minister and other Ministers regularly participate in media
conclaves.
Media-related Welfare Schemes and Ease of Doing Business
Of the 36 States and Union Territories, 30 provide some type of welfare
scheme or provisions (Appendix 20) to journalists, alongside the measures
taken by the Government of India.
PIB provides accreditation to news media representatives based in Delhi

NCR. PIB accreditation facilitates the access of journalists to offices of the
Government of India present in Delhi, thereby providing direct access to
28


authentic sources of information. Accreditation is also granted to foreign
journalists working in India with a valid J-visa as per the guidelines.
The Journalist Welfare Scheme of the Government of India aims at
providing one-time ex-gratia relief on an urgent basis to journalists and their
families in the event of death, major ailments, and serious accidents causing
serious injuries to journalists, both accredited and non-accredited.
The Government of India also encourages the media to work for public
good by recognising the work of media houses and journalists through awards
such as Antarrashtriya Yoga Diwas Media Samman, National Community Radio
Awards etc.
The Government permits 49% FDI for TV news channels, and 26% for
Print and Digital media. This enables the media houses to broaden their
operations with additional opportunities of access to capital. The licenses
granted to TV news channels (Broadcast Seva) and registrations of newspapers
(through RNI) are available in the public domain ensuring transparency.
The Government of India also utilizes the media for ensuring public
awareness and encouraging public participation in the various schemes and
initiatives. Empanelment for advertisements with the Bureau of Outreach
Communication (BOC) is conducted in a transparent manner. A Panel Advisory
Committee (PAC) considers applications of newspapers/journals for being
empanelled for receiving Government advertisements. To ensure diversity,
reach and fairness, in pursuance of broad social objectives of the Government
and for ensuring fairness among various categories of newspapers/journals,
the PAC considers empanelment of newspapers/journals belonging to the
following categories on priority:
● Small and medium newspapers/journals

● Regional language newspapers such as Bodo, Dogri, Garhwali, Kashmiri,
Khasi, Konkani, Maithili, Manipuri, Mizo, Nepali, Rajasthani, Sanskrit,
Santhali, Sindhi, Urdu, and Tribal languages as certified by the State
Governments.
29


● Newspapers/journals published in backward, remote, hilly and border

areas and those published in Jammu & Kashmir (J&K), Andaman &
Nicobar Islands and North Eastern States.
Newspapers/journals are classified into three categories, namely
● Small, with a circulation up to 25,000 copies per publishing day

● Medium, between 25,001 and 75,000 copies per publishing day, and
● Big, with a circulation of above 75,000 copies per publishing day
Thriving Media Training and Education
Diversity of media content, scholars have noted, can be increased by
empowering media consumers through media and information literacy. Media
literacy may particularly help in “addressing the consequences of democratized,
unfiltered user-generated content and understanding the consequences of
algorithms on modes of diffusion” (UNESCO, University of Oxford, 2018, p.
91).Dutta (n.d.) further elucidates this by defining media literacy as “an aptitude
toward media message comprehension in a proper way with an aim to
promote free, fair, and impartial access to information and knowledge” (p.193).
India has a thriving mass communication and journalism education
sector including public and private universities and institutes. There are a total
of 330 public and private media education and training colleges and
universities in India approved by India’s higher education regulating body, the
University Grants Commission. While a majority of them are located at the
State/ Regional level (238), Tier 1 cities such as Bangalore (10), Chennai (12),
Delhi/ NCR (52), Hyderabad (4), Mumbai (6) and Kolkata (8) boast the presence
of some eminent institutions.

3.4 Points of concern
Concentrated Media Ownership
In content production, the proliferation of primarily digital media has
enabled production of user-generated content, and the rise of “citizen
30


journalism”. While this may signal lowering of barriers to and decentralisation
of media content production and distribution, implying democratisation of
information, the continuing control and gatekeeping by media conglomerates
cannot be ignored. Concentration and monopolisation of media entities
appears to have had a bearing on the expansion of the media outlets both
nationally and regionally. While there has been expansion of opportunities, it
may have also led to further consolidation of not just the media groups but the
type of content creation.
Limited Powers of the “Regulatory Bodies”
The powers of the Press Council of India are restricted in two ways.
Firstly, it cannot penalize newspapers, news agencies, editors and journalists
for violation of the guidelines. Secondly, the PCI only overviews the functioning
of the Press but does not have the power to review the functioning of electronic
media like radio, television and internet media.
Regarding the regulation of television media, the NBSA and the ASCI
govern through agreements and do not have any statutory powers. The
compliance with the orders of the self-regulatory bodies is purely voluntary.
Furthermore, the absence of a regulatory framework for the digital
information landscape has also emerged as a challenge in the wake of
mushrooming of digital media news portals and user generated news content.
Defamation as a Criminal Offence
While a law against defamation safeguards the right to reputation in a
civilized society, Section 500 of the Indian Penal Code (IPC) stipulates a two-year
jail term for a person found guilty of defamation. Mediapersons have often
alleged that this provision is often misused for victimisation of journalists.

Media related Archaic Laws
Some of the laws relating to the media date back to the 19th century and

were formulated by the British with an intention to control the press in India
during the independence movement.
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Financial Security of Working Journalists
The Press Council of India has received complaints regarding matters
related to journalists and their organizations. Lack of job security and financial
security for journalists is also an area of concern.

Freedom of Press in Jammu & Kashmir
The complex security situation of Jammu & Kashmir makes it unique
with regard to press freedom. The security personnel make tireless efforts to
ensure the physical security of journalists and the wider public from foreign
bred terrorist elements in the region. The measures taken in this regard often
lead to restricted permissions for travel and frequent internet shutdowns,
which are portrayed in the western media as violation of press freedom.

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Chapter 4. Recommendations

The Index Monitoring Cell discussed the various aspects related to press
freedom in India in great depth and detail. Inclusion of media professionals in
the IMC helped in bringing the stakeholder perspective. The final
recommendations of the Cell are presented in the subsequent sections.
4.1 Definition of a journalist and journalism practice

Journalism and its core values stem from an implicit or explicit
relationship that an individual journalist or a news organization develops with
its public. When defining journalism and journalists, three core values must
be focused on—authenticity, accountability, and autonomy, (Hayes, Singer &
Ceppos, 2007) especially in today’s rapidly transforming multimedia
environment where credibility may be challenged in multiple ways. The
definition of a journalist is salient in at least two separate domains: law and
professional ethics (Ugland & Henderson, 2007). Legal definitions of
journalism are based on the classical liberal ideas of autonomy, reason, and
self-determination. A journalist, in legal terms, is best characterised by the
libertarian press theory that assumes that society is best served “by removing
all but the most essential barriers to free expression” (Rivers, Schramm, &
Christians, 1980). In legal terms, then, “debate on public issues should be
uninhibited, robust and wide open” (New York Times v. Sullivan, 1964, p. 270)
and that the public is enriched by its exposure to “diverse and antagonistic
sources” of information (Associated Press v. U.S., 1945, p. 20), thus providing
an expansive definition of a journalist (Ugland & Henderson, 2007).
In the professional ethics domain, theories emphasizing social
responsibility, shared commitments, and other communitarian ideals are
dominant. According to this line of thought, defining a journalist is not based
on the motive to enable free expression but “to separate credible
contributors from less credible ones by establishing benchmarks of
33


professional practice and measuring people against them. It is exclusive, not
inclusive”(Ugland & Henderson, 2007). Here, Codes of ethics are an essential
instrument of media self-regulation, as cited by UNESCO. Codes of ethics, as a
fundamental point of reference, guide journalists on their role, their rights
and obligations and how they can best perform their job; all while
representing a standard against which their work can be assessed (Baydar,
OSCE, 2008, pp. 21-23). Codes of ethics contribute to the accuracy, fairness
and reliability of information.
Working Journalists and other Newspaper Employees (Conditions of
service) and Miscellaneous provisions Act, 1955 defines working journalist as
a Person whose principal avocation is that of a journalist and [who is
employed as such, either whole-time or part-time, in or in relation to one or
more newspaper establishments], and includes an editor, a leader-writer,
news- editor, sub-editor, feature-writer, copy-tester, reporter, correspondent,
cartoonist, news-photographer and proof-reader, but does not include any
such Person who-
(i) is employed mainly in a managerial or administrative capacity, or
(ii) being employed in a supervisory capacity, performs, either by the
nature of the duties attached to his office or by the reasons of the power
vested in him, functions mainly of a managerial nature;
The above definition focuses only on the functional aspect and is
limited and outdated in nature, as it does not cover journalists working in
electronic media and digital media.
Therefore, setting and following the definition of a journalist that
merges the two viewpoints--the legal and the ethical--is recommended to
ensure that the best interests of the public and of the newsroom are served.

4.2 Quantitative tool to measure media pluralism in India
An open and free media with divergent opinions and ideas is central to
a democratic society, and refers to diversity of media both in terms of
plurality of outlets, types and content that facilitate the public in accessing
diverse facts and views, as well as plurality and diversity in terms of
freely-circulating opinions and debate in the public sphere. In India, while
34


plurality of media (external pluralism) is one of its biggest strengths, a certain

lack of internal pluralism due to concentration of media ownership has been
identified as an area of concern.
In analysing the concept of pluralism, two perspectives of pluralism are
focused on: Internal and External (Mediamonitor, n.d.). External pluralism
covers the number of owners, number of media companies, number of
independent editorial boards, and number of channels, programmes etc.
(Mediamonitor, n.d.). In this aspect, India boasts of one of the most diverse
and plural media ecosystems in the world. Internal pluralism indicates the
reflection of social and political diversity in media content, that is, diversity in
representation of different communities, cultural groups and social strata,
and divergent political or ideological opinions and viewpoints; it reflects how
social and political diversity are reflected in media content. In other words,
internal pluralism is the representation of different cultural groups in the
media as well as “divergent political or ideological opinions and viewpoints”
(Doyle, 2002).
According to the Center for Media, Data and Society (2008-2009),
indicators related to media pluralism are of three types:
● A set of indicators to measure (the presence and effectiveness of)
policies and legal instruments that support pluralism;
● A set of indicators to measure the range of media available to citizens
and to define different types of media markets from an end-user
perspective and in the light of socio-demographic factors;
● A set of indicators to assess the range and diversity of media looking at
the supply side and economic performance of the media (such as the
number of media companies, concentration and profitability ratios,
etc.).
To measure media pluralism in India and to identify areas of concern, a

scale with indicators is recommended. A scale containing some of the
socio-demographic risks to media pluralism as suggested by the European
Commission, adapted to the India context, is attached in the Appendix 21.

4.3 Establishment of Media Council of India
35


With technological advancement, there has been rapid growth in the
news media sector of the country, especially in the electronic and digital
media. This is not only leading to convergence of the various media (print,
electronic and digital) within the newsroom but also the emergence of a large
number of digital-only news portals in India. PCI has communicated that of
late, it is increasingly being approached with complaints, wherein the parties
are aggrieved over telecast of objectionable matters on TV news channels,
which according to complainants are in violation of the code of journalistic
conduct. In this context, the need for a Media Council of India is felt for the
entire gamut of media, i.e., newspapers and periodicals in print or other form,
e-newspapers, news portals, social media and any other platform of news
dissemination besides electronic media. In 2019, the PCI had also
recommended enacting a single legislation to include all the aforesaid media
in line of the Press Council Act 1978.

4.4 Legal and Administrative Security for Journalists

a. The Ministry of Information & Broadcasting may consider pursuing the
matter of decriminalisation of the offence of defamation in the Indian
Penal Code (IPC).
b. A review of various archaic and colonial laws impacting press freedom in
India may be considered.
c. Through legal amendments, consent of the Press Council of India may be
made mandatory for filing an FIR against a media for her/his publication of
a news article, cartoon, opinion or photograph. The PCI may convey its
decision to the authority within 2 weeks.
d. Time-bound investigation and filing of chargesheet by police authorities
may be made mandatory in matters related to journalistic expression.
e. The Ministry may take steps for sensitisation of district level administrative
officials at regional levels regarding aspects related to freedom of press. In
this regard, a mechanism may be set up to facilitate constant dialogue
amongst the media and authorities in order to gain better mutual
understanding.
36


4.5 Financial Security of Journalists
a. The draft ‘Journalists Welfare Fund Act’, proposed by the Press Council of
India in 2015, may be taken forward.
b. The Govt. of India may consider enacting a single legislation/scheme for
the welfare of journalists. Such a legislation/scheme may be drawn by
amalgamating the various best practices existing in the currently
operational welfare schemes by the Union and State/UT Governments.
c. The Ministry may consider implementation of Majithia Wage Board
recommendations. The recommendations were accepted by the Central
Government in the year 2011. The Supreme Court has given orders in
2017 on time bound implementation, by the newspapers managements,
of these recommendations.

4.6 Physical safety of Journalists
The journalists and other media persons, including camerapersons,
working in disturbed areas, riot-affected regions and conflict areas face extreme
personal risk of life. Instances of killings of journalists by extremist, Naxalite and
terrorist elements have happened in the past. The unfortunate death of a DD
News cameraperson due to a Naxalite attack in Chattisgarh in October 2018 is
one such reference. In this regard, the Ministry may consider the following
recommendations:
a. Provision of bullet-proof identifiable jackets, helmets, etc. wherever
required. The concerned organization should take responsibility for those
journalists who are deployed to cover disturbed or conflict regions.
b. Insurance schemes for media persons working in life-threatening
circumstances.
c. Access to welfare measures and schemes announced by Union and State
Governments.

4.7 Engagement with Industry Representatives and Media Associations
37


a. The Ministry may take the views of media representatives across States
and seek suggestions to further better the media environment.
b. The relationship with media persons may be deepened by organizing
‘outreach’ with media houses and Media Associations. Foreign
Correspondents are also important for engagement. Such interactions will
enable and promote confidence building with the media. Such meetings
may also be extended to States as well to help in building better
understanding of field-level concerns.
c. The Ministry may consider organizing an annual Indian media conclave.

4.8 Re-skilling and upskilling of journalists
a. Online capacity building courses may be offered for journalists in
collaboration with some journalism institutes like IIMC. These courses may
relate to the changing media environment e.g. reporting for online media,
graphic designing, media ethics, etc.
b. Frequent workshops and other short-duration programmes would aid in
capacity building of the industry, especially outside major cities, and also
enable greater mutual appreciation of viewpoints.

4.9 Coordination with other line Ministries/Departments
Press freedom in a country is a complex outcome of multiple legal,
administrative, economic and socio-political factors. In this regard, it is suggested
that the Ministry may coordinate with the following Ministries of the Government
of India, and State Governments:
a. Respective Ministries regarding legal amendments in consultation with the
Ministry of Law and Justice
b. Ministry of Home Affairs regarding coordination with States and
sensitisation of local police administration.
c. Ministry of External Affairs regarding engagement with international
ranking agencies, participation in international media related events and
obtaining feedback from foreign journalists in India.
38


d. Ministry of Labour regarding implementation of Majithia Wage Board

recommendations across the country.
e. State Information Departments regarding their crucial role in
implementation of various welfare measures and addressing ground level
concerns of journalists.

4.10 Widening the ambit of accreditation
There is a need to compile a complete list of working journalists in the field
throughout the country through PIB regional offices, Press Associations, Press
clubs, and State Public Relations Departments. The benefits associated with
accreditation may be extended to journalists working in smaller organizations in
even Tier 2 and Tier 3 cities and towns.

4.11 Engagement with International Media Ranking agencies
The Ministry may establish a regular engagement with international media
ranking agencies to further understand the various aspects related to
methodology of the Press Freedom Index, present the correct factual position of
the status of press freedom in India and convey, to the organization, the unique
socio-cultural complexities of India and the national security imperative in light of
internal and external threats.

4.12 Communication Strategy
A three-pronged communication strategy related to the Press Freedom
Index may be implemented by the Ministry:
● Engagement with Industry Representatives and Media Associations
● Featuring Positive Aspects with regard to Press Freedom in India at
national and global level: The Ministry may plan a sustained
communication plan for publicizing the various positive aspects related to
the Constitutional and legal provisions as well as institutionalized
structures, mechanisms, processes related to press freedom in India. A
draft strategy regarding the same is attached at Appendix 22.
39


● Publicizing reform actions taken towards enhancing press freedom in

India

4.13 Developing an India specific Index

NITI Aayog has suggested creating certain indices to promote competition
amongst the States. However, press freedom is an outcome of several factors at
the national and State/UT levels. Some important parameters such as licensing of
news channels, registration of newspapers and periodicals, etc. are under the
ambit of the Union Government. However, some of the parameters are
qualitative and subjective in nature. Additionally, they do not present a complete
picture of press freedom in the State/UT. Since this is a qualitative aspect, more
discussion is required for deciding whether such indices for ranking of states
would achieve the desired goal.

40


Appendices

41

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INDEX MONITORING CELL

Index Monitoring Cell 8

Chapter 1. Introduction 12

Chapter 2. Coordination with NITI Aayog 15

Chapter 3. Press Freedom in India: Analysis 18

Chapter 4. Recommendations 33

4.8 Re-skilling and upskilling of journalists 38

BEA : Broadcast Editors' Association

BOC : Bureau of Outreach and Communication

CAGR : Compound Annual Growth Rate

CoS : Committee of Secretaries

IBEF : India Brand Equity Foundation

IMC : Index Monitoring Cell

IRS : Indian readership Survey

NBA : News Broadcasters Association

NMW : New Media Wing

PAC : Panel Advisory Committee

PIB : Press Information Bureau

RNI : Registrar of Newspapers for India

RSF : Reporters Sans Frontieres

UNESCO : United Nations Educational, Scientiﬁc and Cultural

Index Monitoring Cell

Sl. Member Details Designation and Organization Capacity

1. Shri Kuldeep Principal Director General, Press Chairperson

2. Ms. Kanchan Additional Director General, Press Member

3. Ms. Rina Sonowal Additional Director General, Registrar Member

5. Shri Satish Additional Director General, New Media Member

6. Ms. Mamta Additional Director General (Training), Member

7. Ms. Anupama Secretary, Press Council of India Member

8. Shri Girish Director (IP), Ministry of Information & Member

9. Shri Rajesh Uike Director, XP Division, Ministry of Member

10. Shri Saumya Monitoring and Evaluation Lead, NITI Member

11. Ms. Tejaswi Deputy Director, Press Facilitation, PIB Member

12. Shri P. Sainath1 Renowned Journalist Member

13. Shri Rajat Renowned Journalist Member

14. Shri Jagdish Veteran Journalist Member

15. Shri Hitesh Senior Journalist Member

Chapter 2. Coordination with NITI Aayog

● Development of Implementation and Monitoring Mechanism

The details regarding the list of activities is enclosed in Appendix 7.

Additionally, a list of requirements was provided for the basic

● General information regarding the Index.

● Initial communication during the month of April 2020 (Appendix 4).

With respect to development of an India Index related to press freedom,

Chapter 3. Press Freedom in India: Analysis

3.1 Press Freedom in India: Current Status on International Indices

Index India's Ranking

2020 2019 2018 2017

Freedom of the Press 71 75 77 77

Press Freedom Index 142 140 138 136

Table 1. India’s Rank on International Press Freedom Indices

In addition of the two aforesaid indices, press freedom is also measured

Year Ranking Global Score* of

2020 142 45.33

2019 140 45.67

2018 138 43.24

2017 136 42.94

2016 133 43.17