PRESS COUNCIL OF INDIA

Anakha P.B.
1st M.A. JMC
14 May, 2021
Prof. Ramis Salam
Dept. JMC
University of Calicut
 INTRODUCTION
Press is the watchdog of public interest and if it is to function effectively it must have a sound
freedom of expression, unhindered by any authority, organization or individual.
Press is considered the fourth estate and it is undeniably an important part of the political system,
especially in a democracy. Press acts like a mediator between the government and the governed, at
times asking important questions and at times encouraging the ordinary citizen to read beyond the
lines. Most people identify press as their spokesperson, as it is capable of questioning the powerful.
The power the Press holds is clear from how it is usually suppressed in regimes that border on
inhumane governing.
The Press laws in our country have changed over the years – especially after independence, when we
became a democracy. Many laws were eventually repealed while amendments were made to some
existing laws. New laws and institutions were introduced for the smooth functioning of the Press.
This paper discusses the establishment of The Press Council of India – early origins, acts and
amendments that brought it into existence and its responsibility in keeping the Press healthy and
sound.
PRESS COUNCIL OF INDIA
Press council is a mechanism for the Press to regulate itself. The raison d’être of this unique
institution is rooted in the concept that in a democratic society the press needs at once to be free and
responsible.
The Press Council of India was first constituted on 4th July, 1966 as an autonomous, statutory, quasi-
judicial body, with Shri Justice J R Mudholkar, then a Judge of the Supreme Court, as Chairman.
(Press council act 1965)
FUNCTIONS

The Press Council Act, 1965, listed the following functions of the Council in furtherance of its
objects:

1. To help newspapers to maintain their independence;

2. To build up a code of conduct for newspapers and journalists in accordance with high
professional standards;

3. To ensure on the part of newspapers and journalists the maintenance of high standards of
public taste and foster a due sense of both the rights and responsibilities of citizenship;

4. To encourage the growth of a sense of responsibility and public service among all those
engaged in the profession of journalism;

5. To keep under review any development likely to restrict the supply and dissemination of
news of public interest and importance;

6. To keep under review such cases of assistance received by any newspaper or news agency in
India from foreign sources, as are referred to it by the Central Government.

Provided that nothing in this clause shall preclude the Central Government from dealing with any
case of assistance received by a newspaper or news agency in India from foreign sources in any
other manner it thinks fit;

1. To promote the establishment of such common service for the supply and dissemination of
news to newspapers as may, from time to time, appear to it to be desirable;

2. To provide facilities for the proper education and training of persons in the profession of
journalism;

3. To promote a proper functional relationship among all classes of persons engaged in the
production or publication of newspapers;

4. To study developments which may tend towards monopoly or concentration of ownership

of newspapers, including a study of the ownership or financial structure of newspapers, and if
necessary, to suggest remedies thereby;

5. To promote technical or other research;

6. To do such other acts as may be incidental or conducive to the discharge of the above
functions.

To understand how the Press Council of India came into being, we must examine the 1st Press
Commission and its decisions.
PRESS COMMISION UNDER JUSTICE RAJADHYAKSHA
In 1954, a press commission was set up under justice Rajadhyaksha, consisting of 11 members.
 One of the major recommendations of the commission was the establishment of the All India Press
Council. It fixed the press-page schedule system, banned crossword puzzle competitions, introduced
a strict code for advertising by newspapers etc.
Other Acts passed include
Delivering of Books and Newspapers (Public Libraries) Act, 1954;
Working Journalists (Conditions of Services) and Miscellaneous Provisions Act, 1955;
Newspaper (Price and Page) Act, 1956;
Parliamentary Proceedings (Protection of Publications) Act, 1960.
PRESS COUNCIL ACT 1965
An Act to establish a Press Council for the purpose of preserving the freedom of the Press and of
maintaining and improving the standards of Newspapers in India.

The Act of 1965 provided that the Council shall consist of a Chairman and 25 other members. Of the
25 members, 3 were to represent the two houses of Parliament, 13 were to be from amongst the
working journalists, of which not less than 6 were to be editors who did not own or carry on the
business of management of newspapers and the rest were to be the persons having special
knowledge or practical experience in respect of education and science, law, literature and culture. By
an amendment of the Act in 1970, the membership of the Council was raised by one to provide a seat
for persons managing the news agencies.

The Chairman under the Act on 1965 was to be nominated by the Chief Justice of India. Of the three
Members of Parliament, two representing Lok Sabha were to be nominated by the Speaker of the
Lok Sabha and one representing Rajya Sabha was to be nominated by the Chairman of the Rajya
Sabha. The remaining 22 members were to be selected by a three-man Selection Committee
comprising the Chief Justice of India, Chairman of the Press Council and a nominee of the President
of India. The Chairman and the members were to hold office for a period of three years provided that
no member could hold office for a period exceeding six years in the aggregate.

In the early years of the Council’s existence a grievance was aired about the selection of a category
of members. This led to the amendment of the 1965 Act entrusting this work to a Committee
comprising the incumbent of the three highest offices which are considered as an embodiment of
these attributes, namely, Chairman of Rajya Sabha, Speaker of Lok Sabha and Chief Justice of India.
As has been referred to earlier, composition of the nominating committee was changed by an
amendment of the said Act in 1970, according to which the Chairman and the members from the
press were to be nominated by a Nominating Committee consisting of the Chairman of the Rajya
Sabha, the Chief Justice of India and the Speaker of the Lok Sabha.

The amending Act of 1970 introduced several other provisions in the Act. The manner of selection
of persons of special knowledge or practical experience was specified. It provided that of the three
persons to be nominated from among such people, one each shall be nominated by the University
Grants Commission, the Bar Council of India and the Sahitya Academy. It also provided for raising
the membership of the Council to give one seat to the persons managing the news agencies. Out of
the six seats for proprietors and managers of newspapers, two each were earmarked for big, medium
and small newspapers. No working journalist who owned or carried on the business of management
of newspapers could now be nominated in the category of working journalists. Also, it was specified
that not more than one person interested in any newspaper or group of newspapers under the same
control, could be nominated from the categories of editors, other working journalists, proprietors and
managers.

Under the original Act, the Chairman was nominated by the Chief Justice of India. But, after this
amendment, nomination of the Chairman was also left to the Nominating Committee.

The Council set up under the Act of 1965 functioned till December 1975. During the Internal
Emergency, the Act was repealed and the Council abolished w.e.f. 1/1/1976.
PRESS COUNCIL ACT 1978

A fresh legislation providing for the establishment of the Council was enacted in 1978 and the
institution came to be reviewed in the year 1979 with the very same object of preserving the freedom
of the press and of maintaining and improving the standards of Press in India. The new Act provides
for selection of the Chairman by a Committee consisting of the Chairman of the Rajya Sabha, the
Speaker of Lok Sabha and a person elected by the members of the Council from among themselves.
The twenty representatives of the Press are nominated by the associations of aforesaid categories of
the newspapers and news agencies notified for the purpose by the Council in the each category. One
member each is nominated by the University Grants Commission, the Bar Council of India and the
Sahitya Academy. Of the five Members of Parliament, three are nominated by the Speaker of the
Lok Sabha and two by the Chairman of the Rajya Sabha. The term of the Chairman and the members
of the Council is three years. A retiring member is eligible for re-nomination for not more than one
term.

 JOURNALISTIC STANDARDS

1. Communal Writings

Scurrilous and inflammatory attacks should not be made on communities and individuals. Any news
on communal events based on rumours will be violative of the journalistic ethics. Similarly, distorted
reporting making important omissions will not be correct. While it is the legitimate function of the
Press to draw attention to the genuine grievance of any community with a view to seeking redress in
a peaceful and legal manner, there should be no invention or exaggeration of grievances, particularly
those which tend to promote communal discord.

It will be highly conducive to the creation of a healthy and peaceful atmosphere if sensational,
provocative and alarming headlines are avoided, and acts of violence or vandalism are reported in
such a manner as may not undermine people’s confidence in law and order machinery of the State
and may at the same time have the effect of discouraging and condemning such activities.

Defaming a community is a serious matter and ascribing to it a vile, anti-national activity is

reprehensible and amounts to journalistic impropriety.

There is no impropriety in publishing historical facts in order to warn the present generation against
repetition of past mistakes even though these mistakes may not be palatable to a particular
community.

There is no objection in making statements about religious communities if they are couched in
temperate language and are not exaggerated or incorrect.

2. Journalistic impropriety

Some of the principles evolved by the Council through its adjudications in respect of journalistic
impropriety are:

Any matter discussed or disclosed in confidence ought not to be published without obtaining the
consent of the source. If the editor finds that the publication is in the public interest, he should clarify
it in an appropriate footnote that the statement or discussion in question was being published
although it had been made "off the record".

An advertisement containing anything unlawful or illegal or the one which is contrary to good taste
or journalistic ethics or propriety should not be published.

Proper care should be taken by newspapers in maintaining accuracy in respect of quotations.

Where a newspaper is charged with violation of journalistic ethics, a plea that it has ceased
publication will afford the editor no defence, since it is his conduct which is subject of the
complaint.
3. Obscenity and Bad Taste

The meaning of taste varies according to the context. For a journalist it implies that "which on
grounds of decency or propriety he should not publish". Where a matter has "a tendency to stimulate
sex feelings" its publication in a journal meant for the lay public, young or old, undesirable.
Exploitation of sex falls short good taste. Public taste is to be judged in relation to the environment,
milieu as well notions of taste prevailing in contemporary society.

The basic test of obscenity is whether the matter is so gross or vulgar that it is likely to deprave or
corrupt. Another test is whether depiction of the scene and language used can be regarded as filthy,
repulsive, dirty or lewd.

Whether a story is obscene or not, will depend on such factors as literary or cultural nature of the
magazine, and the social theme of the story. The relevancy of a picture to the subject matter of a
magazine or a paper has a bearing on the question whether the matter published falls below the
standards of public taste. One of the relevant factors for judging whether the picture falls below the
standard of public taste will be the purpose or nature of the magazine - whether it relates to art,
painting, medicine, research or reform of sex.

The Press Council expressed concern over the increasing instances of obscene advertisements in the
print media. It was opposed to censorship but favoured preventive steps to check any obscene
material at pre-publication stage. Since most of such advertisements are routed through advertising
agencies, the Council felt that this task should not be difficult if these agencies were to exercise more
caution and restrain in preparing and releasing the advertisements that may be considered
objectionable to family viewing by an average citizen. It felt that the Association of Advertising
Agencies of India as an Umbrella organization of all these advertising agencies could play a very
meaningful and positive role in the matter and sought its cooperation to contain advertisements that
are likely to damage the socio-cultural ethos of the country in the longer run. The Council appealed
to the newspapers also to carefully scrutinize the advertisements received by them either directly
from the advertisers or through the advertising agencies and exercise a self-restraint by rejecting
such advertisements as may be considered obscene and objectionable. It has also reiterated the
following guidelines framed by it to counter against obscene publication.

"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 commercial

Commodity for sale".

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

Tests; namely

(i) Is it vulgar and indecent?

(ii) Is it a piece of mere pornography?

(iii) Is its publication meant merely to make money by titillating the

sex feeling 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.

4. Right of Reply
The prime principle that emanates from the various adjudications on this subject upholds the editor’s
discretion in publication of letters. He would, however, be expected to voluntarily rectify an
incorrect statement or report on a matter of public nature; the general reader can claim a locus standi
on the basis of the public right to know. Besides, any person who has been specifically referred to in
a publication can claim an automatic right to reply in the columns of the paper. Though the Council
does not have the power to force a newspaper to publish, a rejoinder it may direct it to publish the
particulars of the inquiry against it.

5. Pre-verification of News

Verification of news is necessary before publication, especially when the report has slanderous or
libelous overtones or could lead to communal tension; nor can the publication of rumours as views
of a cross-section of people be justified under any circumstances. The editor shall make necessary
amends when any false or distorted publication is brought to his notice.

6. Defamation - Scurrilous writings

Under the second exception to Section 499 of the Indian Penal Code it is not defamation to express
in good faith any opinion whatever respecting the conduct of a public servant in the discharge of his
public functions, or respecting his character, so far as his character appears in that conduct and no
further. The Council has accordingly held the opinion that fair comments on the public life cannot be
held to be improper. But if any factual statements are made, they must be true and correct. In case a
defamatory element is involved, more good faith will not be a defence in any civil action for
damages.

7. Right to privacy Vs. Public figures

The Press Council of India formulated guidelines to achieve a balance between the right to privacy
of the public persons and the right of the press to have access to information of public interest and
importance. The issue under heated debate at both national and international level and the
international conference of the World Association of Press Councils (WAPC) held in April 1998 in
Delhi stressed that there is a need for reconciliation between three competing constitutional values at
play on this count, viz:

(a) an individual’s right to privacy, (b) freedom of the press, and (c) the people’s right to know about
public figures in public interest.

The Council has prepared a report on the issue and framed the guidelines as follows:-

"Right to privacy is an inviolable human right. However, the degree of privacy differs from person
to person and from situation to situation. The public person who functions under public gaze as an
emissary/representative of the public cannot expect to be afforded the same degree of privacy as a
private person. His acts and conduct are of public interest (‘public interest’ being distinct and
separate from ‘of interest to the public’) even if conducted in private may be brought to public
knowledge through the medium of the press. The press has, however, a corresponding duty to ensure
that the information about such acts and conduct of public interest of the public person is obtained
through fair means, is properly verified and then reported accurately. For obtaining the information
in respect of acts done or conducted away from public gaze, the press is not expected to use survey
devices. For obtaining information about private talks and discussions, while the press is expected
not to badger the public persons, the public persons are also expected to bring more openness in their
functioning and co-operate with the press in its duty of informing the public about the acts of their
representatives".

GUIDELINES AND POLICY FORMULATIONS

The Council has issued guidelines and recommended policy framework on various matters
concerning the Press and the people. In 1969, the Council issued a 10-point guidelines laying down
norms and standards in reporting and commenting on matters which bear on communal relations.
Without being exhaustive the guidelines listed and explained what would be offending against
journalistic propriety and ethics, and should, therefore, be avoided.
Again, in the wake of the happenings in Ayodhya in 1990, the Council while reiterating the 1969
guidelines issued another 12-point guideline in the light of the new experience. The Council said that
the principles outlined in it should be inculcated at every level of the media from training stage
upwards and made a standard of external accountability. These principles laid down certain ‘dos’
and don’ts for both the Press and the State.

The Council has over the years formulated policy framework in respect of such subjects as rules of
accreditation, newsprint, advertisements, selection of journalists for accompanying the President, the
Prime Minister Etc., on their foreign tours.

Guidelines on ‘Pre-poll’ and ‘Exit-polls’ Survey

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.

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. 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 organizations 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.

2. Further in the event of staggered poll dates, the media is seen to carry exit-poll surveys of the
polls already held. This is likely to influence the voters where the polling is yet to commence. With a
view to ensure that the electoral process is kept pure and the voters’ minds are not influenced by any
external factors, it is necessary that the media does not publish the exit-poll surveys till the last polls
are held.

3. The Press Council, therefore, requests the Press to abide by the following guideline in respect of
the exit-polls:

No newspaper shall publish exit-poll surveys, however, genuine they may be, till last of the polls is
over.

STUDIES

The Press Council Act, 1978, empowers the Council to undertake studies in regard to matters
concerning the Press. The Council in collaboration with the Indian Law Institute has conducted
various studies viz., Official Secrets Act 1923, (recommendations since updated in 1990) Contempt
of Courts Act, 1971, Parliamentary Privileges and Law of Defamation etc., in so far as they relate to
the Press. These publications help the media persons understand the scope of their rights and the
limits of their functioning.

PRESS AND REGISTRATION APPELLATE BOARD

Section 27 of the Press Council Act, 1978, entrusts the Council with the functions of the Press and
Registration Appellate Board, constituted under sub-section (1) of Section 8C of the Press &
Registration of Books Act, 1867, to hear appeals against unlawful cancellation of declarations of
newspapers or non-authentication thereof by the District Magistrate. The Board consists of the
Chairman and another member to be nominated by the Press Council of India from amongst its
members. The Board has rendered a number of important judgments since it was first constituted in
1979.

SPECIAL INQUIRIES
Apart from inquiring into the regular complaints, the Council has held a number of special inquiries,
mostly suo motu, but sometimes on complaints into incidents and matters concerning the Press.

Report on Deshar Katha, Tripura 1990

Following a complaint by Shri Gautam Das, Editor, Daily Deshar Katha, a Bengali newspaper of

Agartala, Tripura, regarding frequent violent attacks on the employees and hawkers of his
newspapers by Congress (I) workers, the Press Council set up a Special Committee to make a
thorough on-the-spot inquiry. The Committee visited Agartala and heard the representatives of the
Government of Tripura and the complainant. As a result the Government of Tripura assured that they
would take all necessary steps to prevent recurrence of such incidents and provide full security to
Deshar Katha.

Ayodhya Report 1990

A special inquiry was set up on the Ayodhya happenings in 1990 and another in 1992. Their reports
were made public in 1991 and 1993 respectively. In the first inquiry, the Council found four Uttar
Pradesh dailies Jagran, Aj, Swatantra Bharat and Swatantra Chetna, guilty of publishing reports
which constituted a grave violation of norms of journalistic ethics. The Council censured* these
newspapers for violation of the norms. The Council also criticized the Uttar Pradesh Government for
its many lapses in dealing with the situation and its behavior towards the Press. It expressed serious
concern over the authorities taking recourse

*Jagran has challenged this decision of the Council before the Allahabad High Court, which is
pending.

to punitive and preventive action in excess of the demand of the situation and deplored invoking
provisions of non-existent Press (Objectionable Matters) Act, 1951, and misapplying the provisions
of the Press and Registration of Books Act, 1867.

Ayodhya Report 1993

In the wake of the demolition of the disputed shrine at Ayodhya on 6.12.1992 came the reports of
numerous attacks on journalists/press media photographers/cameramen who were covering the
happenings at Ayodhya on 6.12.1992 and thereabout. As the matter was of great urgency and
concern, a Special Inquiry Committee headed by the Chairman of the Council was set up to inquire
into the matter. Prior to this the Chairman had already issued an appeal urging restraint and
moderation on the part of the press while reporting events and presenting comments bearing on
communal relations. Simultaneously, he expressed concern on the incidents of assaults on journalists
when, they in discharge of their professional duties, were trying to cover the events. He also
appealed to the authorities to ensure that the press is allowed to function freely and fearlessly to
disseminate information on matters of public importance.

The Special Committee set up vide order dated 14.12.1992 collected oral and written evidence at its
sittings at Ayodhya, Faizabad, Lucknow and Delhi and submitted its report to the full Council on
7.1.1993. The report as adopted by Council was released on 8.1.1993.

Punjab Report 1991

An inquiry was held into the pressures and problems confronting the Press and its personnel during
acts of terrorism in Punjab. Adopting the report of the Special Committee, captioned ‘Overcoming
Fear’ the Council extended its full support to the Punjab Press in its efforts to inform the people
truthfully and impartially of the events and circumstances in the State and in resisting any code or
norm sought to be imposed on it through force or intimidation by any extraneous authority or
organization.

J&K Report 1991

Similarly, a special inquiry was held on the problems faced by the Press in Jammu and Kashmir.
Adopting the report of this committee in July 1991, the Council said the critical importance of
information and communication in the complex and difficult situation in Kashmir had not been
adequately realized either by the government or by the media itself. It suggested a series of measures
to respond effectively to the various aspects of the situation. The full report was later published
under the caption ‘Crisis and Credibility’.

Bihar Report 1993

The report on increasing incidents of assaults on journalists and the pressures/impediments in the
way of free functioning of the Press in the State of Bihar adopted by the Council on March 31, 1993
advised the Press and the authorities to put their relations on more healthy footings.

Report on AIDS and the Media 1993

The report on ‘AIDS AND THE MEDIA’ laid down certain dos and don’ts for the media advising
them that from sporadic news AIDS must become campaign target. At the same time, the Press
should bear in mind that the ‘public interest’ which may justify publication of a matter within the
preserve of personal privacy, must be a ‘legitimate interest’ and not prurient or morbid curiosity.

Defence Report 1993

Yet another report of June 1993 captioned ‘Pen and Sword’ advocated an attitude of greater
openness in Defence related information.

J & K Report 1994

The Council’s latest report of 1994 on "Threats to the media from militant organization in J & K"
has recommended prompt dissemination of information at government level to counter militant
propaganda. The report has also advised the Government to provide institutional and area security to
the media personnel who face threats from the militants for taking independent stand.
 CONCLUSION
It is important to understand the rights and responsibilities one has to uphold as a journalist or as part
of the Press. In these unprecedented times, where our political climate is moving towards a volatile
state, we have to ensure that we uphold the values and norms of democracy and this profession.
While abiding by the rules of the profession we have to understand our responsibility towards the
citizens and the country. The Press Commission of India’s existence in itself is a symbol of the
power and responsibility the press holds. It has gone through many amendments to improve its
regulatory policies and guidelines that will ensure not only freedom for the press but also responsible
and ethical journalism that is neither corrupt nor biased. We have to continue to strive to keep
ethical, responsible journalism alive.
 REFERENCES
https://editorsguild.in/history-of-journalism/
https://presscouncil.nic.in/Oldwebsite/history.htm
https://www.advocatekhoj.com/library/bareacts/press/index.php?Title=Press%20Council%20Act,
%201965
https://www.yourarticlelibrary.com/history/history-and-development-of-indian-press-and-press-
acts/23717