Tuesday, November 22, 2011

Press Commissions and Councils

PRESS COMMISSIONS AND PRESS COUNCILS

Press Commission and Councils
The first British royal Commission on the Press
It was appointed in 1949.

Recommendations
FBRCP stated that the best way, consistent with the freedom of the Press or for maintaining a proper relationship between the Press and society, was self–regulation by the Press itself. This was the first basis for crating a Press Council.

The First Press Council
The First Press Council was set up in Sweden in 1916. It was voluntary body comprising the representatives of the Press. An ombudsman of the Press was appointed who was a judge. He used to screen all the complaints against the Press. If they were found to be worthy of enquiry, they were sent to the Press Council for its consideration and requisite action. By 1980, nearly 50 Press and Media Councils had been created in the world. The Press Councils of India, Turkey and Italy were set up under statutes, Thus, we can conclude that Press Commission and Press Councils were the harbingers of a democratic (free) but responsible (morally restrained) behavior of the Press throughout the world. India had also to take a step to create such Commissions and Councils. The reason was that the Government  wanted the Press to remain free and at the same, it wanted to improve the standards of newspapers and news agencies operating in India.

The Press Council Bill
In 1965, the Press Council bill was enacted. The Press Commission was appointed to give information about freedom of the Press and establishment of a Press Council. Thus, it was decided that the Indian Press would set up a body in line with the trend prevalent in some countries however; such a body was not set up. Then, the Press Council of India was appointed in July, 1966. It was entrusted with the responsibility of preserving the freedom of the Press and maintaining (and improving) the standards of Newspapers and news agencies in India.

The First Press Commission
It was appointed by the Government  of India on September 25, 1952. It worked up to 1954. It had the following members;
  • Acharya Narendra Dev
  • R. Bhat
  • P. Ramaswamy Aiyer
  • Dr Zakir Hussain
  • J. Natarajan
  • Jaipal Singh
  • Justice G.S.Rajadhyakasha (Chairman)
  • M. Chalapathi Rau
  • P.H. Patwardhan
  • T.N. Singh
  • V.K. R.V. Rao.

Target
This Commission enquired into the state of the Press in India and its present and future lines of development. Its chief target was to examine the following:
  1. The effect of holding companies, distribution of advertisements, and other such forms of external influence as may have bearing on the development of healthy journalism.
  2. The method of recruitment, training, scales of remuneration, retirement benefits, and other conditions of employment of working journalists, settlement of disputes / affecting them and such factors as influence the establishment and maintenance of high professional standards.
  3. Control, management, ownership and financial structure of newspapers (large and small) the periodical Press, news agencies, and feature syndicates.
  4. Working of monopolies and chains as well as their effect on the presentation of accurate news and fair view.
  5. Machinery for : (F1) ensuring high standards of journalism, (F2) liaison between the Government  and the Press; and (F#) functioning of Press Advisory Committees and organizations of editors and working journalists.
  6. Freedom of the Press and repealing or amendment of laws that are not in consonance with it.
  7. Adequacy of newsprint supplies and their distribution among all the classes of newspapers and the possibilities of promoting indigenous manufacture of newsprint as well as printing and composing machinery.

Report Summation
This Commission submitted its report on July 14, 1954 after two Year of operation. It prepared a questionnaire and sent it to nearly 12,000 individuals, association, MPs and state legislatures, and 7,335 journalists. Replies were received form 739 journalists. The Commission organized sittings in New Delhi, Bombay and Madras. it held discussions with important people related to the profession. Further it sent two of its members to the USA, England, and other countries. These members studied the state of the Press in those countries.
The Commission submitted its reports in three parts, as follows:
  • Part I: It contained analysis and major recommendations.
  • Part II: It dealt with the history of journalism in India. It covered 35 year of journalism and was written by J. Natarajan, who was the editor of The Tribune and a member of the (First) Press  Commission.
  • Part III : It contained appendices, memorandum, questionnaire, data on readership survey, etc.

Recommendations
Its major recommendations are as follows:
  1. It  recommended for the Protection of Religious Sentiments: The Commission recommended that section 295 (A) of the IPC, which related to deliberately of maliciously outraging the religious feeling of any class or subjects by words (spoken or written) or by visible representations or insulting or attempting to insult the religion or religious belief of that class, be brought within the provisions of the Constitution by limiting its operation to those cases where there is an intention to cause violence or knowledge of likelihood of violence ensuing. It did not suggest any amendment to Section of the population 505 if the IPC, which aimed at reports, calculated to produce mutiny or induce a section of the population to commit offence against another section. However, it suggested that section 99(A) and section 99(G) of the Criminal Procedure Code (CPC) be amended. These Sections deal with confiscation of newspapers or books. Further, it was also agreed that section 144 of the IPC should not be applied to the Press. In 1968, the Government  passed the Contempt of Courts Act. This act provides punishment for contempt of court and regulates the procedure for doing so. Innocent publication of matter calculated to interfere with the course of justice is not deemed contempt of court under this Act. Further, publishing the text or a fair and an accurate summary of the whole or any part of an order made by a court sitting in chambers, or in front of the camera would not be deemed Contempt of Court unless the court has expressly prohibited the publication 
  2. It recommended the Codification of the Privilege of Legislatures and Legislators? The Commission suggested some changes in the criminal law and recommended the codification of the Privilege of legislatures and legislators. It stated that while the (Indian) Parliament and State Legislatures must have certain Privileges and means of safeguarding them (so that they could discharge their function in a proper manner), like all prerogatives, these privileges must be most jealously guarded and exercised with caution. It also stated that indiscriminate use of these privileges was likely to defeat their purpose. As there was no legal remedy against at least some of the punishments imposed by the legislature, it ought to make the legislators more careful in exercising their powers, privileges and immunities. The Commission recommended that the Constitution be amended to permit restrictions on the freedom of speech and expression only in respect of civil defamation. It rejected the suggestion that defamation of a public servant be made cognizable offence; however, it proposed a police servant be made a cognizable offence; however, it proposed a police or magisterial enquiry into such cases.
  3. It recommended for the Increase of the number of newspapers: The Commission asked for increasing the number of newspapers in the country, especially in district towns.
  4. It Recommended for the Fixation of the Price: The Commission suggested that the minimum price be fixed at which, papers of a particular size were to be sold. This was to be done to reduce the differences due to economic advantages or other causes and to enable newcomers to start with a fair chance of achieving success. The Price-Page schedule should prescribe not only the maximum number of pages that could be sold at a particular price, but also the minimum number that must be offered. The quantum of advertisements in a week’s issues of a newspaper should not exceed 40 per cent of the total print area.
  5. It Recommended For Making Media as a Central Responsibility:
  6. Publication of newspaper and periodicals should be made a central responsibility through the suitable amendment of the industries (Development and Regulation) Act, 1951.
  7. It Recommended For Making Separate Unit For each Newspaper: Every newspaper ought to be constituted as a separated unit so that its profits and losses are ascertainable and the proprietor and employees understand where they stand. In the case of multiple editions, each unit should be separated from others in the matter of accounts. Where a chain comprises a number of groups should be separated from the other.

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