Press Council of India: By:-Satya Prakash - Adjunct Faculty, Symbiosis Law School, NOIDA

Press Council of India
By:- Satya Prakash |Adjunct Faculty,

Symbiosis Law School, NOIDA
 The Press Council of India is a statutory
body in India that governs the conduct
of the print media.
 It is one of the most important bodies
to sustain democracy as it is
empowered to regulate the print media
and ensure that freedom of speech is
protected.
Introduction  At the same time, it is also empowered
to hold hearings on receipt of
complaints and take suitable action
where appropriate. It can either warn
or censure the errant journalist on
finding them guilty.
 The PCI is a Statutory Authority whose
powers are quasi-judicial in nature.
 Sweden was the first country to establish a
Press Council in 1916. It was called the Court
of Law.
 At present there are around 40 countries with
their own Press Councils.
 In India, the first Press Council of India was
set up in 1966 under an Act passed by
Parliament in 1965 on the recommendations
Historical of the First Press Commission with the object
of preserving the freedom of press and of
Background 
maintaining and improving press standards.
The Press Council under the Act of 1965 was
abruptly abolished by the Press Council Repeal
Act, 1976 during the days of the 1975
National Emergency in India.
 The present Press Council functions under the
Press Council of India Act, 1978. It is a
statutory quasi judicial body which acts as a
watchdog for the press.
Composition
 According to Section 5 of the Act, the
Council consists of 29 members
including the Chairman who has by
convention been a retired judge of the
Supreme Court of India
 Out of the 28 other members 20
represent the press organizations and
news agencies, 5 members are
Structure and nominated from the two houses of the
Parliament while the remaining 3
Funding represent cultural, literary and legal
fields.
Section 16
 It is funded by the revenue collected as
fees levied on registered newspapers
with a circulation of more than 5000
copies.
 The jurisdiction of the council extends
to the Print media, including news
agencies.
 However, electronic media and social

media are outside the jurisdiction of
the council.
 Recently, the PCI said it is distressed to

Jurisdiction know about the alleged attack on
Goswami "purportedly for his views as a
journalist".
 “Violence is not the answer even

against bad journalism”, stated the
PCI.
 However, it also made it clear that it

does not have jurisdiction over the
electronic media, TV news channels,
WhatsApp, Facebook.
(1) Object
To preserve the freedom of the Press and to maintain and
improve the standards of newspapers in India
Section 13: (2) Functions

a) To help newspapers to maintain their independence;
Objects and b) To build up a code of conduct for newspapers and
Functions of c)
journalists in accordance with high professional standards;
To ensure on the part of newspapers and journalists the
the Council maintenance of high standards of public taste and foster a
due sense of both the rights and responsibilities of
citizenship;
d) To encourage the growth of a sense of responsibility and
public service among all those engaged in the profession
of journalism;
e) To keep under review any development likely to restrict
the supply and dissemination of news of public interest
and importance;
(2) Functions
Continued f) 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;
g) To promote establishments or the supply and
dissemination of news to newspapers;
Section 13: h) To provide facilities for the proper education and
training of persons in the profession of journalism;
Objects and
i) To promote a proper functional relationship among all
Functions of the classes of persons engaged in the production or
Council publication of newspapers;
j) To study developments which may tend towards
monopoly and to suggest remedies;
k) To promote technical or other research;
l) To do such other acts as may be incidental or conducive
to the discharge of the above functions.
The Council has the same powers as that of
the Civil Court, including
a) summoning and enforcing the
attendance of persons and examining
them on oath;
b) requiring the discovery and inspection
Section 14- of documents;
receiving evidence on affidavits;
Powers of the
c)
d) requisitioning any public record or

Council copies thereof from any court or
office;
e) issuing commissions for the examination
of witness or documents; and
f) any other matter which may be
prescribed.
 As explicit from the text of Section 14,
the Press Council has all the powers of
the Civil Court with respect to
summoning, investigation, examination
etc. however, it has no power of
sentencing imprisonment or imposing
Power to fine
In case the Council finds the accused
Punish?

guilty, the maximum it can do is to
reprimand without any authority to
impose sanctions
 Such a major limitation reduces the
capacity of the Council to that of a
‘Toothless Tiger’.
Ajay Goswami v. Union of India,
(2007) 1 SCC 143
 It was held by the Apex Court that lack

Power to of penalizing powers with Press Council
has tied its hands in exercising control
Punish? over the alleged publications.
 The bench ordered the Central
Government to amend the PCI act to
meet the criteria, but no action has
been taken by the Central Government
to this date.
British Media Regulatory Framework
 The British framework entails Self-regulation which was complimented by the

Press Complaints Commission a voluntary regulatory body for British printed
newspapers and magazines, consisting of representatives of the major publishers.
 The PCC closed on Monday 8 September 2014, and was replaced by the
Independent Press Standards Organisation, chaired by Sir Alan Moses.
Leveson Inquiry
 The Leveson inquiry was a judicial public inquiry into the culture, practices and
ethics of the British press following the News International phone hacking
scandal, chaired by Lord Justice Leveson, who was appointed in July 2011.
 A series of public hearings were held throughout 2011 and 2012. The Inquiry
published the Leveson Report in November 2012, which reviewed the general
culture and ethics of the British media, and made recommendations for a new,
independent, body to replace the existing Press Complaints Commission.
”Freedom of Press is not just important to democracy,
it is democracy”
Walter Cronkite
Way Forward  Legislative Mechanism

a) The jurisdiction of the Council should be extended to
Electronic Media and possibly Social Media which have
become very significant in the 21st century.
b) The power of the Council must include the power to
punish and should not just be limited to reprimand.
 Regulatory Mechanism
The Press Council India must be an
independent self regulatory body with
powers to
a) promulgate a code of journalistic

Way Forward b)
standards;
order appropriate redress while
encouraging individual newspapers to
embrace a more rigorous process for
dealing with complaints internally;
c) play an active role in promoting high
media standards, including having the
power to impose appropriate
sanctions;
Thank You

Press Council of India: By:-Satya Prakash - Adjunct Faculty, Symbiosis Law School, NOIDA

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Press Council of India

By:- Satya Prakash |Adjunct Faculty,

 However, electronic media and social

 Recently, the PCI said it is distressed to

 “Violence is not the answer even

 However, it also made it clear that it

Section 13: (2) Functions

Continued f) To keep under review such cases of assistance received

d) requisitioning any public record or

 It was held by the Apex Court that lack

 The British framework entails Self-regulation which was complimented by the

Way Forward  Legislative Mechanism

a) promulgate a code of journalistic

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