THE PRESS AND REGISTRATION OF PERIODICALS ACT, 2023.
Aanchal Khanna
Pravin Gandhi College of Law
I. ABSTRACT
The Press and Registration of Periodicals Act, 2023 replaces the Press and Registration of Books Act, 1867, which governed the registration of the print and publishing industry in the country since 1867. The Press and Registration of Books Act, 1867 was a law of the colonial era and the processes under the Act were cumbersome and complex causing unnecessary hardships to publishers for running a newspaper. The Act necessitated the involvement of multiple offices in the State and the Central Government resulting in delays and impediments at multiple levels and also made the process time- consuming. The manual processing and verification of multiple physical documents further added to the delay in time. The Act was not in sync with the changing media landscape and hence there was a need for an updated law. The Press and Registration of Periodicals Act, 2023 has simplified the procedures for the applications for Title Verification and Registration to a single step. The use of technology along with provisions for online applications and automated processing is aimed at enhancing the speed of the registration process. The Press and Registration of Periodicals Act, 2023 adds clarity on various procedures, cases such as facsimile editions of a foreign publication, Circulation Verification of newspapers, Ownership Transfer, and others.[1]
II. OBJECTIVES OF THE PRESS AND REGISTRATION OF PERIODICALS ACT,2023
The following are the objectives of The Press and Registration of Periodicals Act, of 2023:
To modernise the registration processes of periodicals.
To ensure more transparency and easy accessibility for registered periodicals, making the publishing industry more transparent.
To create a more conducive environment for publishers to ensure ease of doing business.
To remove obsolete and archaic provisions from the existing statutes.
III. CHAPTERS AND RANGE OF THE PRESS AND REGISTRATION OF PERIODICALS ACT,2023.
Important Dates:
● It was Act No. 51 of 2023.
● It got the President’s assent on 28th December 2023.
● It was enforced on March 1, 2024.
The Press and Registration of Periodicals Act, 2023, consists of VII chapters and 22 Sections.
S. No.
Chapter Name
Sections Covered
1.
Preliminary
1-2
2.
Printing Press and Periodical
3-4
3.
Authorities
5-6
4.
Registration of Periodical
7-13
5.
Penalties
14
6.
Appeal
15
7.
Miscellaneous
16-22
IV. ANALYSIS OF THE PRESS AND REGISTRATION OF PERIODICALS ACT, 2023
IV.1 CHAPTER I
Chapter 1 of the Press and Registration of Periodicals Act, 2023 deals with the Act’s short title, extent and commencement, as well as the definition clause. Certain important definitions under Section 2 of the Press and Registration of Periodicals Act, 2023 are as follows:
4.1.1. Section 2(a) of the Act defines “facsimile edition of a publication means an exact reproduction of the original edition of a foreign publication in English or an Indian language included in the Eighth Schedule to the Constitution.” A facsimile edition of a foreign periodical can be printed in India with prior approval of the Central Government and its registration with the Press Registrar General.
4.1.2. Section 2(g) of the Act defines “periodicals” as “any publication, including a newspaper, which is published and printed at regular intervals containing public news or comments on public news, but does not include a book, or a journal including a book or journal of scientific, technical and academic nature.” It has removed books and journals from the purview of registration which was a necessity in the Press and Registration of Books Act, 1867.
4.1.3. Section 2(i) is about the “Press Registrar General” who would be appointed by the Central Government.
4.1.4. Section 2(p) “specified authority” refers to a District Magistrate or Collector or other officer which the State Government or the Union territory Administration will specify by notification.
4.2. CHAPTER II
Chapter II deals with the duty of the Printer to furnish intimation and explains the publication of the periodical.
4.2.1. Section 3 states the printer, who is the owner or keeper of the printing press [Section 2(j)], has to furnish an intimation in the online portal to the Press Registrar General and the specified authority, which means a District Magistrate or Collector or such other officer as the State Government or, as the case may be, Union territory Administration may, by notification, specify, [Section 2(p)]; within whose local jurisdiction his printing press is situated with such particulars and in such manner, as may be prescribed.
4.2.2. Shri Anurag Singh Thakur, the Minister of Information and Broadcasting, had launched the Press Sewa Portal (presssewa.prgi.gov.in), the online portal of the Press Registrar General, for receiving various applications, including the intimation by the printer of a periodical, application for registration of facsimile edition of a foreign periodical, application by a publisher for obtaining a certificate of registration of a periodical, application for revision of certificate of registration, application for transfer of ownership of periodicals, furnishing annual statement by the publisher of a periodical, and procedure for desk audit for verification of circulation of a periodical will be online through the Press Sewa Portal.[2]
4.2.3. Section 4(1) states that a citizen or person may bring out a periodical as long as they are not convicted by any court for an offense of either being involved in a terrorist or unlawful activity or if the person has committed an act against the security of the state.
4.2.4. Section 4(2) and Section 4(3) deal with the printed periodical and the facsimile edition respectively. A periodical which is printed in India is mandated to have legibly printed on it, the name of the printer, place of printing, name of editor, publisher and place of publication. The publication of the facsimile edition must be done with the approval of the Central Government and shall be made with the Press Registrar General.
4.3. CHAPTER III
Chapter III explains the process of appointment, functions and the powers of the Press Registrar General of India.
4.3.1. The primary function of the Press Registrar General of India is to facilitate the registration of periodicals (print) in the country as per the provisions of the Press and Registration of Periodicals Act, 2023. As a statutory establishment under the Ministry of Information & Broadcasting, the Press Registrar General of India allots titles to periodicals based on availability and Title Verification Guidelines; issues Certificates of Registration to them; receives the Annual Statements submitted by the publishers of these periodicals; brings out ‘Press in India’ Report with details of the state of affairs of newspapers and other periodicals in the country. Press Registrar General of India carries out circulation verification of registered periodicals based on requests received from the publishers or based on specific complaints and appeals. Press Registrar General of India also authenticates self-declaration certificates for the import of newsprint by periodicals registered with the Press Registrar General of India.[3]
4.4. CHAPTER IV
Chapter IV deals with the registration of the periodical (Section 7), revision of certificate of registration or title (Section 8), Transfer of ownership of a periodical (Section 9), discontinuation of a periodical (Section 10), suspension or cancellation of registration (Section 11), annual statement to be furnished by periodical (Section 12), annual report (Section 13).
4.4.1. Section 7 states that a publisher must apply for a certificate of registration from the Press Registrar General before publishing a periodical in India. The application for such a certificate of registration should include details like the title which is not the same or similar to a title already held by any other owner of a periodical either in the same language anywhere in India or any other language in the same State language. The Press Registrar General will review the application and issue a certificate unless there are issues with the details or objections. If the publication does not begin within 12 months, the certificate may be cancelled and the title will be withdrawn.
4.4.2. Section 8 states that the publisher of the periodical can submit an application to the Press Registrar General for revision of particulars of the certificate of registration, or revision of title, and if the Press Registrar General is satisfied with the application, then a revised certificate of registration or a revised title will be issued, to the publisher and intimate the same to the specified authority.
4.4.3. Section 9 states that in order to transfer a periodical from the publisher to the Press Registrar General, by following the prescribed methods of furnishing documents, payment of the fees etc. The Press Registrar General shall permit the transfer of ownership of that periodical after the Press Registrar General is satisfied with the correctness and completeness of the documents and the application. After receiving the permission for transfer of ownership from the Press Registrar General, the
publisher shall apply and obtain a revised certificate of registration and any change in the shareholding pattern of the periodical shall be done by the “company within fifteen days of such change being informed by him to the Registrar of Companies.”
4.4.4. Section 10 states that for the discontinuation of a periodical, the owner of the periodical may discontinue it and send an intimation within six months to the Press Registrar General and the specified authority following which the Press Registrar General would cancel the certificate of registration of the discontinued periodical and remove the periodical along with its title from the register maintained.
4.4.5. Section 11 states that the Act allows the Press Registrar General to suspend a periodical’s registration for a minimum period of 30 days which can extend to 180 days. The registration may be suspended due to:
(i) registration is obtained by furnishing false information,
(ii) there is a failure to publish periodicals continuously, (iii) giving false particulars in annual statements.
The Press Registrar General may cancel the registration if the publisher does not correct such errors. Registration may also be cancelled if:
(i) a periodical has the same or similar title as any other periodical, (ii) the owner or the publisher has been convicted of a terrorist act or unlawful activity, or for activity against the security of the state.[4]
4.4.6. Section 12 and Section 13 state that publishers must submit an annual statement about their periodicals to the Press Registrar General and a free copy of newspapers must be delivered to the Press Registrar General and State Government within forty-eight hours. The Press Registrar General has to prepare and publish an annual report containing information on periodicals in India.
4.5. CHAPTER V
Chapter V deals with the power of the Press Registrar General to impose penalties.
4.5.1. Section 14 covers that the Press Registrar General has the power to impose penalties in the following cases:
(i) When a periodical is published without obtaining a certificate of registration, a penalty of an amount not exceeding five lakh rupees may be imposed.
(ii) The publisher has not furnished the annual statement, in respect of which the annual statement was required to be furnished, which is required to be furnished within one year from the end of the financial year.
(iii) If there is failure to cease publication of the periodical even after six months of issue of such a direction, it would be punishable with imprisonment for a term which may extend to six months.
(iv) If a periodical is published without obtaining a certificate of registration, it shall be punishable with imprisonment for a term that may extend to six months.
4.5.2. It is also important to note that no order for the imposition of a penalty would be passed without allowing the publisher to be heard.
4.6. CHAPTER VI
Chapter VI deals with the Press and Registration Appellate Board.
4.6.1. The Appellate Board would consist of the Chairperson, the Press Council of India and two members nominated by the Press Council of India, from among its members.
4.6.2. An appeal may be filed to the Press and Registration Appellate Board within sixty days from the date of communication of the order which is as follows:
(i) Appeal for an order of refusal to issue the certificate of registration.
(ii) Appeal for an order of cancellation or suspension of registration.
(iii) Appeal for an order of imposition of penalty.
4.6.3. After the Press and Registration Appellate Board receives such an appeal, it may call for records or make further inquiries if required, and confirm, modify or set aside the order appealed against.
4.7. CHAPTER VII
Chapter VII deals with the miscellaneous provisions in Sections 16 to 22. They cover the following:
4.7.1. Section 16 states that the Central Government would give directions to the Press Registrar General in matters of policy, and the Press Registrar General would be bound to follow such directions.
4.7.2. Section 17 states that the Press Registrar General and all officers who would be appointed under this Act are to be public servants as defined under Section 21 of the Indian Penal Code.
4.7.3. Section 18 states that no suit or legal proceeding can be filed when an action is made in good faith or in accordance with the Press and Registration of Periodicals Act against the Central Government or State Government or Union territory Administration or the Press Registrar General or any officer or employee authorized by the Press Registrar General.
4.7.4. Section 19 gives the Central Government the power to make rules for the various aspects of the Act, such as rules for the intimation process, for the facsimile edition, the manner of verification of periodicals, the form, fees and documents to be given, rules for the manner of making an application, the circumstances due to which certificate of registration can be cancelled or suspended, rules for the annual statement and any other rules as may be required under the Press and Registration of Periodicals Act, 2023.
4.7.5. Section 20 states that the Central Government can make provisions not inconsistent with the Act if there is difficulty arising in the implementation of certain provisions of the Act.
4.7.6. Section 21 states that any rule which is issued by the Central Government under this Act must be laid down before each House of Parliament while it is in session, for a total period of thirty days. If both Houses of the Parliament either agree or disagree on such modification, then the same would be followed.
4.7.7. Section 22 repeals the Press and Registration of Books Act, 1867, and outlines provisions for the continuity of actions, rules, penalties, and registrations under it. The Press Registrar General and other officers under the Press and Registration of Books Act, 1867 would continue their roles under the amended Act, the Press and Registration of Periodicals Act, 2023 and that the pending cases or proceedings would remain unaffected.
5. CONCLUSION
The Press and Registration of Periodicals Act, 2023 revolutionizes the registration process for publication periodicals by introducing a seamless online system for allotting a title and registration without the need for physical submissions. This efficient approach is beneficial for small and medium publishers, as it eliminates the requirement to file multiple declarations with District Magistrates. Instead, publishers will have to submit a single online application through the Press Sewa Portal, streamlining the entire process that previously involved many steps. The Press and Registration of Periodicals Act, 2023 also marks a significant shift towards decriminalization when compared with the stringent provisions of the Press and Registration of Books Act, 1867. These changes collectively aim to modernize and simplify the registration process, fostering an environment conducive to the swift and efficient initiation and running of publications.[5]
REFERENCES
1. The Press and Registration of Periodicals Act, 2023 https://mib.gov.in/sites/default/files/2024-09/press-and-registration-of-periodicals-act-2023.pdf
2. The Press and Registration of Books Act, 1867
3. The Indian Penal Code, 1860 https://www.indiacode.nic.in/repealedfileopen?rfilename=A1860-45.pdf
[1] Press Information Bureau, https://static.pib.gov.in/WriteReadData/specificdocs/documents/2023/dec/doc20231221293301.pdf
[2] Press Information Bureau, Ministry of Information & Broadcasting,
https://pib.gov.in/PressReleaseIframePage.aspx?PRID=2010874
[3] Ministry of Information and Broadcasting, https://mib.gov.in/ministry/organizations/press-registar-general-india
[4] PRS India, https://prsindia.org/billtrack/prs-products/prs-bill-summary-4175
[5] Press Information Bureau, Ministry of Information & Broadcasting, https://pib.gov.in/PressReleasePage.aspx?PRID=2008020