Registration of Press and Periodicals (RPP) Bill, 2019

Registration of Press and Periodicals (RPP) Bill, 2019
For the democratic functioning of the society, freedom of press and media is fundamental. However
no freedom can be absolute, similarly, the freedom provided to the press is subject to certain
restrictions and regulations.
One such Act which deals with regulations imposed on print media is The Press and Registration of
Books (PRB) Act, 1867(25 of 1867). The said act makes registration with the concerned authority
mentioned compulsory along with laying down a provision for preservation of books and periodicals
printed in whole of India. On 25 th November, 2019 the Ministry of Information and Broadcasting
released a public notice in order to seek public consultation on the draft of Registration of Press and
Periodicals (RPP) Bill, 2019. This bill, if passed, will be a replacement to the existing law – The
Press and Registration of Books Act, 1867.
The bill seeks to get away with all the earlier provisions of the PRB Act, 1867, enabling the Central
and State Government to formulate appropriate rules/regulations to regulate the criteria/ conditions for
issuing Government advertisements in newspapers, accreditation of newspapers and such other
facilities for newspapers. Through the draft bill, the Ministry proposed to simplify the registration
procedure by creating a Press Registrar General along with laying down a simple system of
registration of e-papers.
I. Ambiguous Definitions
The RPP Bill has raised concerns due to significant changes, some of which are highlighted in this
article. It has faced criticism for its vague and ambiguous definitions. "News on digital media" is
defined as "news in digitized format that can be transmitted over the internet, computer, or mobile
networks and includes text, audio, video, and graphics." The broad scope of this definition allows for
various interpretations, such as:
1. Posts on social media or blogs.
2. Potentially encompassing e-newspapers of existing newspapers.
Requiring registration from individuals who share news content on social media or blogs could be
excessive, possibly violating their fundamental right of Freedom of Speech and Expression
guaranteed under Article 19(1)(a) of the Constitution, given the broad interpretation of the definition.
The latter interpretation is influenced by other definitions provided in the bill, namely- publication,
publish, and publisher.
Due to this ambiguity, it is not clear who exactly needs to register under Section 18 of the RPP Bill.
To date, no news website has been required to register with the government, making this provision a
first of its kind.
II. Editors to be Indians
The draft bill mandates that the editor of a periodical must be an Indian citizen, whereas the current
law (PRB Act) does not have such a provision. This requirement has both advantages and
disadvantages. On one hand, it could be practical to hold an Indian citizen accountable in Indian
courts if needed. On the other hand, it may be challenged as a violation of Article 14 of the Indian
Constitution, raising questions about its validity.
III. Registration Powers with the Press Registrar General
Under Part III of the bill, Section 5(1) provides for the appointment of the Press Registrar General by
the Central Government. The bill aims to centralize the registration system for periodicals or
newspapers under the Press Registrar General's authority, with responsibilities such as revising the
Certificate of Registration, receiving annual statements from periodical owners, imposing fines or
penalties, and revoking or suspending periodical registrations.
However, the bill proposes to register news publishers on digital media with the Registrar of
Newspapers of India, creating a separate registration process for this category.
IV. Entities not allowed to publish:
The bill permits any Indian citizen to publish a publication, provided they have not been convicted by
the court for offenses related to terrorism, unlawful activity, or acts against the security of the state.
The definition of 'terrorist and unlawful activity' is referred to Section 2 of the Unlawful Activities
(Prevention) Act, 1967, but the draft does not specify what constitutes 'security of state.' This
ambiguity may lead to gaps and disputes among the involved parties.
V. Power vested with Government:
The Press Registrar General is bound by the decision of the Central Government in matters of policy.
The Central Government is also protected from legal proceedings. Additionally, the Central
Government holds the power to frame rules in line with the provisions outlined under Section 22 of
the Registration of Press and Periodicals Bill, 2019.
VI. Prosecution of Publishers provision to be struck down:
One significant feature of the new RPP Bill, 2019, is the elimination of the provision for prosecuting
publishers. Unlike the current Press and Registration of Books (PRB) Act, 1867, which entails fines,
imprisonment, or both for offenses listed under the act, the draft bill proposes to punish the concerned
individuals only with fines, as specified in Part V of the bill.
VII. Appellate Board:
For addressing grievances, the Press Registrar General may convene an appellate board, and its
decision will be considered final, as stated in Section 16 of Part VI of the Registration of Press and
Periodicals (RPP) Bill, 2019.
The objective of the current Press and Registration of Books (PRB) Act, 1867, is to systematically
regulate newspapers and the press, largely rooted in the colonial era. A significant change proposed by
the draft bill, distinct from the PRB Act, is its inclusion of control over digital media. While the bill
may not significantly amplify Freedom of Speech and Expression, certain aspects, such as the
prohibition on prosecution, could prove beneficial for publishers. Considering the pros and cons
outlined above, only time will tell whether the new law will be an improvement over the existing one
or face public objection if passed.
In short, every person who wants to start his/her newspaper or digital news outlet have to :-
1. To begin the process, seek approval for the title of your newspaper from the District
Magistrate. They will verify its uniqueness with the Registrar of Newspapers for India (RNI)
to ensure there are no duplicates.
2. Next, submit a declaration form that specifies the location of the newspaper's printing and the
name of the printer. If you plan to publish the newspaper in different districts, separate
declarations will be necessary for each district.
3. After completing steps 1 and 2, and receiving the certificate from RNI, you must publish the
newspaper within 42 days. If it is bilingual, it should be published in both languages.
4. Additionally, you will need to obtain a character certificate from the local police, which
involves a physical verification of your press location and the place where the newspaper is
produced.
5. It is essential to adhere to specific guidelines when printing the newspaper. These guidelines
cover aspects such as the size of the masthead, imprint line, and the inclusion of the editor's
name, among other details.
6. Lastly, on an annual basis, you are required to submit annual statements to the RNI, along
with information about the newspaper's circulation figures.

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