Ce diaporama a bien été signalé.
Nous utilisons votre profil LinkedIn et vos données d’activité pour vous proposer des publicités personnalisées et pertinentes. Vous pouvez changer vos préférences de publicités à tout moment.

The Press Council Act, 1978

79 vues

Publié le

This presentation on The Press Council Act, 1978 shall be helpful to management, media, law students and public at large and help understand basics of laws related to Media.

Publié dans : Droit
  • Soyez le premier à commenter

  • Soyez le premier à aimer ceci

The Press Council Act, 1978

  1. 1. Welcome to Awareness Session on The Press Council Act, 1978The Press Council Act, 1978 ------------------------------------------------------------------------------------ Avinash MurkuteAvinash Murkute Management, Media and Law Faculty,Management, Media and Law Faculty, Founder Galaxy4u Legal Consulting, Pune!Founder Galaxy4u Legal Consulting, Pune! Avinash Murkute | Galaxy4u | Pune | M: 9822698070 | E: avnash@galaxy4u.in
  2. 2. Galaxy4u: We do Legal Translations!Galaxy4u: We do Legal Translations! Avinash Murkute | Galaxy4u | Pune | M: 9822698070 | E: avnash@galaxy4u.in
  3. 3. PurposePurpose Avinash Murkute | Galaxy4u | Pune | M: 9822698070 | E: avnash@galaxy4u.in  An Act to establish a Press Council for the purpose ofAn Act to establish a Press Council for the purpose of preserving the freedom of the Press and of maintaining andpreserving the freedom of the Press and of maintaining and improving the standards of newspapers and news agenciesimproving the standards of newspapers and news agencies in India.in India.  It extends to the whole of India.It extends to the whole of India.
  4. 4. DefinitionsDefinitions Avinash Murkute | Galaxy4u | Pune | M: 9822698070 | E: avnash@galaxy4u.in  "Chairman" means the Chairman of the Council"Chairman" means the Chairman of the Council  "Council" means the Press Council of India established"Council" means the Press Council of India established under section 4under section 4  "Member” means a member of the Council and includes its"Member” means a member of the Council and includes its ChairmanChairman  The Council shall be a body corporate having perpetualThe Council shall be a body corporate having perpetual succession and a common seal and shall by the said namesuccession and a common seal and shall by the said name sue and be sued.sue and be sued.
  5. 5. Composition of the CouncilComposition of the Council Avinash Murkute | Galaxy4u | Pune | M: 9822698070 | E: avnash@galaxy4u.in  The Council shall consist of a Chairman and 28 (twenty-The Council shall consist of a Chairman and 28 (twenty- eight) other memberseight) other members  The Chairman shall be a person nominated by a CommitteeThe Chairman shall be a person nominated by a Committee consisting of the Chairman of the Council of States (RS),consisting of the Chairman of the Council of States (RS), the Speaker of the House of the People (LS) and a personthe Speaker of the House of the People (LS) and a person elected by the members of the Council under sub-sectionelected by the members of the Council under sub-section (6) and the nominations so made shall take effect from the(6) and the nominations so made shall take effect from the date on which it is notified by the Central Government indate on which it is notified by the Central Government in the Official Gazettethe Official Gazette
  6. 6. Composition of the CouncilComposition of the Council 13+6+1+3+513+6+1+3+5 Avinash Murkute | Galaxy4u | Pune | M: 9822698070 | E: avnash@galaxy4u.in a)a) 13 shall be nominated from among the working journalists of whom 6 shall13 shall be nominated from among the working journalists of whom 6 shall be editors of newspapers and the remaining 7 shall be working journalistsbe editors of newspapers and the remaining 7 shall be working journalists other than editors.other than editors. (however, that the number of such editors and working(however, that the number of such editors and working journalists other than editors in relation to newspapers published in Indianjournalists other than editors in relation to newspapers published in Indian languages shall be not less than 3 & 4 respectively)languages shall be not less than 3 & 4 respectively) b)b) 6 shall be nominated from among persons who own or carry on the6 shall be nominated from among persons who own or carry on the business of management of newspapersbusiness of management of newspapers (however, that there shall be 2(however, that there shall be 2 representatives from each of the categories of big newspapers, medium newspapers andrepresentatives from each of the categories of big newspapers, medium newspapers and small newspapers)small newspapers) c)c) 1 shall be nominated from among persons who manage news agencies1 shall be nominated from among persons who manage news agencies d)d) 3 shall be persons having special knowledge or practical experience in3 shall be persons having special knowledge or practical experience in respect of education and science, law and literature and culture of whomrespect of education and science, law and literature and culture of whom respectively 1 shall be nominated by the UGC, 1 by the BCI and one by therespectively 1 shall be nominated by the UGC, 1 by the BCI and one by the Sahitya AcademySahitya Academy e)e) 5 shall be MP of whom 3 shall be nominated by the Speaker from among5 shall be MP of whom 3 shall be nominated by the Speaker from among the members of the House of the People (LS) & 2 shall be nominated bythe members of the House of the People (LS) & 2 shall be nominated by the Chairman of the Council of States (RS) from among its membersthe Chairman of the Council of States (RS) from among its members
  7. 7. Term of Office & Retirement of MembersTerm of Office & Retirement of Members Avinash Murkute | Galaxy4u | Pune | M: 9822698070 | E: avnash@galaxy4u.in  Chairman and other members shall hold office for a periodChairman and other members shall hold office for a period of three yearsof three years  The Chairman may resign his office by giving notice inThe Chairman may resign his office by giving notice in writing to the Central Government, and any other memberwriting to the Central Government, and any other member may resign his office by giving notice in writing to themay resign his office by giving notice in writing to the Chairman, and upon such resignation being accepted byChairman, and upon such resignation being accepted by the Central Government, or as the case may be, thethe Central Government, or as the case may be, the Chairman, the Chairman or the member shall be deemed toChairman, the Chairman or the member shall be deemed to have vacated his officehave vacated his office  A retiring member shall be eligible for re-nomination forA retiring member shall be eligible for re-nomination for not more than one term.not more than one term.
  8. 8. Composition of the CouncilComposition of the Council 13+6+1+3+513+6+1+3+5 Avinash Murkute | Galaxy4u | Pune | M: 9822698070 | E: avnash@galaxy4u.in a)a) 13 shall be nominated from among the working journalists of whom 6 shall13 shall be nominated from among the working journalists of whom 6 shall be editors of newspapers and the remaining 7 shall be working journalistsbe editors of newspapers and the remaining 7 shall be working journalists other than editors.other than editors. (however, that the number of such editors and working(however, that the number of such editors and working journalists other than editors in relation to newspapers published in Indianjournalists other than editors in relation to newspapers published in Indian languages shall be not less than 3 & 4 respectively)languages shall be not less than 3 & 4 respectively) b)b) 6 shall be nominated from among persons who own or carry on the6 shall be nominated from among persons who own or carry on the business of management of newspapersbusiness of management of newspapers (however, that there shall be 2(however, that there shall be 2 representatives from each of the categories of big newspapers, medium newspapers andrepresentatives from each of the categories of big newspapers, medium newspapers and small newspapers)small newspapers) c)c) 1 shall be nominated from among persons who manage news agencies1 shall be nominated from among persons who manage news agencies d)d) 3 shall be persons having special knowledge or practical experience in3 shall be persons having special knowledge or practical experience in respect of education and science, law and literature and culture of whomrespect of education and science, law and literature and culture of whom respectively 1 shall be nominated by the UGC, 1 by the BCI and one by therespectively 1 shall be nominated by the UGC, 1 by the BCI and one by the Sahitya AcademySahitya Academy e)e) 5 shall be MP of whom 3 shall be nominated by the Speaker from among5 shall be MP of whom 3 shall be nominated by the Speaker from among the members of the House of the People (LS) & 2 shall be nominated bythe members of the House of the People (LS) & 2 shall be nominated by the Chairman of the Council of States (RS) from among its membersthe Chairman of the Council of States (RS) from among its members
  9. 9. Objects and functions of the CouncilObjects and functions of the Council Avinash Murkute | Galaxy4u | Pune | M: 9822698070 | E: avnash@galaxy4u.in 1)1) To preserve the freedom of the Press and to maintain and improveTo preserve the freedom of the Press and to maintain and improve the standards of newspapers and news agencies in Indiathe standards of newspapers and news agencies in India 2)2) To help newspapers and news agencies to maintain theirTo help newspapers and news agencies to maintain their independenceindependence 3)3) To build up a code of conduct for newspapers, news agencies andTo build up a code of conduct for newspapers, news agencies and journalists in accordance with high professional standardsjournalists in accordance with high professional standards 4)4) To ensure on the part of newspapers, news agencies andTo ensure on the part of newspapers, news agencies and journalists, the maintenance of high standards of public taste andjournalists, the maintenance of high standards of public taste and foster a due sense of both the rights and responsibilities offoster a due sense of both the rights and responsibilities of citizenshipcitizenship 5)5) To encourage the growth of a sense of responsibility and publicTo encourage the growth of a sense of responsibility and public service among all those engaged in the profession of journalismservice among all those engaged in the profession of journalism 6)6) To keep under review any development likely to restrict the supplyTo keep under review any development likely to restrict the supply and dissemination of news of public interest and importanceand dissemination of news of public interest and importance
  10. 10. Objects and functions of the CouncilObjects and functions of the Council Avinash Murkute | Galaxy4u | Pune | M: 9822698070 | E: avnash@galaxy4u.in 7)7) To keep under review cases of assistance received by any newspaper orTo keep under review cases of assistance received by any newspaper or news agency in India from any foreign source including such cases as arenews agency in India from any foreign source including such cases as are referred to it by the Central Government or are brought to its notice by anreferred to it by the Central Government or are brought to its notice by an individual, association of persons or any other organization.individual, association of persons or any other organization. 8)8) To undertake studies of foreign newspapers, including those brought outTo undertake studies of foreign newspapers, including those brought out by any embassy or other representative in India of a foreign State, theirby any embassy or other representative in India of a foreign State, their circulation and impact.circulation and impact. 9)9) To promote a proper functional relationship among all classes of personsTo promote a proper functional relationship among all classes of persons engaged in the production or publication of newspapers or in newsengaged in the production or publication of newspapers or in news agencies.agencies. 10)10) To concern itself with developments such as concentration of or otherTo concern itself with developments such as concentration of or other aspects of ownership of newspapers and news agencies which may affectaspects of ownership of newspapers and news agencies which may affect the independence of the Press;the independence of the Press; 11)11) To undertake such studies as may be entrusted to the Council and toTo undertake such studies as may be entrusted to the Council and to express its opinion in regard to any matter referred to it by the Centralexpress its opinion in regard to any matter referred to it by the Central GovernmentGovernment
  11. 11. Power to CensurePower to Censure Avinash Murkute | Galaxy4u | Pune | M: 9822698070 | E: avnash@galaxy4u.in  Where, on receipt of a complaint made to it or otherwise, the Council hasWhere, on receipt of a complaint made to it or otherwise, the Council has reason to believe that a newspaper or news agency has offended againstreason to believe that a newspaper or news agency has offended against the standards of journalistic ethics or public taste or that an editor orthe standards of journalistic ethics or public taste or that an editor or working journalist has committed any professional misconduct, theworking journalist has committed any professional misconduct, the Council may, after giving the newspaper, or news agency, the editor orCouncil may, after giving the newspaper, or news agency, the editor or journalist concerned an opportunity of being heard, hold an inquiry and, ifjournalist concerned an opportunity of being heard, hold an inquiry and, if it is satisfied that it is necessary so to do, it may, for reasons to beit is satisfied that it is necessary so to do, it may, for reasons to be recorded in writing, warn, admonish or censure the newspaper, the newsrecorded in writing, warn, admonish or censure the newspaper, the news agency, the editor or the journalist or disapprove the conduct of the editoragency, the editor or the journalist or disapprove the conduct of the editor or the journalist, as the case may be. (Council may not take cognizance ofor the journalist, as the case may be. (Council may not take cognizance of a complaint if in the opinion of the Chairman, there is no sufficienta complaint if in the opinion of the Chairman, there is no sufficient ground for holding an inquiry)ground for holding an inquiry)  If the Council is of the opinion that it is necessary or expedient in publicIf the Council is of the opinion that it is necessary or expedient in public interest so to do, it may require any newspaper to publish therein in suchinterest so to do, it may require any newspaper to publish therein in such manner as the Council thinks fit, any particulars relating to any inquirymanner as the Council thinks fit, any particulars relating to any inquiry under this section against a newspaper or news agency, an editor or aunder this section against a newspaper or news agency, an editor or a journalist working therein, including the name of such newspaper, newsjournalist working therein, including the name of such newspaper, news agency, editor or journalist.agency, editor or journalist. ((no sub-judice matters and orders of council are final)no sub-judice matters and orders of council are final)
  12. 12. General powers of the CouncilGeneral powers of the Council Avinash Murkute | Galaxy4u | Pune | M: 9822698070 | E: avnash@galaxy4u.in  Same powers throughout India as are vested in a civil court while trying a suitSame powers throughout India as are vested in a civil court while trying a suit under the Code of Civil Procedureunder the Code of Civil Procedure  Summoning and enforcing the attendance of persons and examining them onSummoning and enforcing the attendance of persons and examining them on oathoath  Requiring the discovery and inspection of documentsRequiring the discovery and inspection of documents  Receiving evidence on affidavitsReceiving evidence on affidavits  Requisitioning any public record or copies thereof from any court or officeRequisitioning any public record or copies thereof from any court or office  Issuing commissions for the examination of witnesses or documentsIssuing commissions for the examination of witnesses or documents  Nothing in sub-section (1) shall be deemed to compel any newspaper, newsNothing in sub-section (1) shall be deemed to compel any newspaper, news agency, editor or journalist to disclose theagency, editor or journalist to disclose the SOURCESOURCE of any news or informationof any news or information published by that newspaper or received or reported by that news agency, editorpublished by that newspaper or received or reported by that news agency, editor or journalistsor journalists  Every inquiry held by the Council shall be deemed to be a judicial proceedingEvery inquiry held by the Council shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the IPCwithin the meaning of sections 193 and 228 of the IPC  The Council may, if it considers it necessary for the purpose of carrying out itsThe Council may, if it considers it necessary for the purpose of carrying out its objects or for the performance of any of its functions under this Act, make suchobjects or for the performance of any of its functions under this Act, make such observations, as it may think fit, in any of its decisions or reports, respecting theobservations, as it may think fit, in any of its decisions or reports, respecting the conduct of any authority, including Governmentconduct of any authority, including Government
  13. 13. Funds, Budget & Annual Report of The CouncilFunds, Budget & Annual Report of The Council Avinash Murkute | Galaxy4u | Pune | M: 9822698070 | E: avnash@galaxy4u.in  The Council shall have its own fund; and the fees collected by it, allThe Council shall have its own fund; and the fees collected by it, all such sums as may, from time to time, be paid to it by the Centralsuch sums as may, from time to time, be paid to it by the Central Government and all grants and advances made to it by anyGovernment and all grants and advances made to it by any authority or person shall be credited to the Fund and all paymentsauthority or person shall be credited to the Fund and all payments by the Council shall be made there fromby the Council shall be made there from  The Council shall prepare, in such form and at such time each yearThe Council shall prepare, in such form and at such time each year as may be prescribed, a budget in respect of the financial year nextas may be prescribed, a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure, andensuing showing the estimated receipts and expenditure, and copies thereof shall be forwarded to the Central Governmentcopies thereof shall be forwarded to the Central Government  The Council shall prepare once every year an annual report, givingThe Council shall prepare once every year an annual report, giving a summary of its activities during the previous year, and giving ana summary of its activities during the previous year, and giving an account of the standards of newspapers and news agencies andaccount of the standards of newspapers and news agencies and factors affecting them and copies thereof, together with thefactors affecting them and copies thereof, together with the statement of accounts audited shall be forwarded to the Centralstatement of accounts audited shall be forwarded to the Central Government and the Government shall cause the same to be laidGovernment and the Government shall cause the same to be laid before both Houses of Parliament.before both Houses of Parliament.
  14. 14. Miscellaneous ProvisionsMiscellaneous Provisions Avinash Murkute | Galaxy4u | Pune | M: 9822698070 | E: avnash@galaxy4u.in  The Council may prepare an interim reportThe Council may prepare an interim report  The accounts of the Council shall be audited by CAGThe accounts of the Council shall be audited by CAG of Indiaof India  Every member of the Council shall be considered asEvery member of the Council shall be considered as PUBLIC SERVANT as per section 21 of the IPCPUBLIC SERVANT as per section 21 of the IPC
  15. 15. Power to take SUO MOTO actionPower to take SUO MOTO action Avinash Murkute | Galaxy4u | Pune | M: 9822698070 | E: avnash@galaxy4u.in  The Chairman mayThe Chairman may suo motusuo motu issue notice or take actionissue notice or take action in respect of any matter which falls within the mischief ofin respect of any matter which falls within the mischief of Section 14(1 ) of the Act or in respect of or relating to anySection 14(1 ) of the Act or in respect of or relating to any matter falling under Section 13(2) thereof and thereuponmatter falling under Section 13(2) thereof and thereupon the procedure prescribed by these regulations fromthe procedure prescribed by these regulations from regulation 5 onwards shall be followed as if it were aregulation 5 onwards shall be followed as if it were a complaint under regulation 3complaint under regulation 3..
  16. 16. Regulations under The Press Council ActRegulations under The Press Council Act Avinash Murkute | Galaxy4u | Pune | M: 9822698070 | E: avnash@galaxy4u.in Following rules and regulations have been framed underFollowing rules and regulations have been framed under the Press Council Act, 1978:the Press Council Act, 1978:  Press Council (Procedure for Nomination of Member)Press Council (Procedure for Nomination of Member) Rules, 1978Rules, 1978  Press Council Rules, 1979Press Council Rules, 1979  Press Council (Procedure for Inquiry) Regulations, 1979Press Council (Procedure for Inquiry) Regulations, 1979  Press Council (Procedure for Conduct of Meeting andPress Council (Procedure for Conduct of Meeting and Business) Regulations, 1979  Business) Regulations, 1979    Press Council (Budget and Accounts) Rules, 1981Press Council (Budget and Accounts) Rules, 1981  More details atMore details at www,presscouncil.nic.inwww,presscouncil.nic.in
  17. 17. Galaxy4u: We do Legal Translations!Galaxy4u: We do Legal Translations! Avinash Murkute | Galaxy4u | Pune | M: 9822698070 | E: avnash@galaxy4u.in
  18. 18. Contact in Confidence! Doubt is the key to knowledge! Faculty: Avinash MurkuteAvinash Murkute LL.M. (International Laws) Galaxy4u, Pune – 412 115 India Mobile: +91-9822698070, +91-9637796308 E-mail: avinash@murkute.com | avinash@galaxy4u.in Web: www.Galaxy4u.in ------------------------------------------------------------ This presentation and illustrations is just an introduction for legal awareness purposes only. Avinash Murkute | Galaxy4u | Pune | M: 9822698070 | E: avnash@galaxy4u.in

×