The Press Council of India is a statutory, autonomous, quasi-judicial body that was reconstituted in 1979 under the Press Council Act of 1978. Its initial establishment was in 1966 under the Indian Press Council Act of 1965, but it was dissolved during the state of emergency in 1975.

The council is a corporate entity with continuous succession, consisting of a Chairman and 28 other members. Traditionally, the Chairman has been a retired judge of the Supreme Court of India, appointed by a committee composed of the Chairman of the Council of States (Rajya Sabha), the Speaker of the House of People (Lok Sabha), and an individual elected by the 28 members of the Council.

The Press Council of India has two primary objectives: to safeguard the freedom of the press and to maintain and enhance the standards of newspapers and news agencies in India. It functions as a self-regulatory overseer of the press, by the press, and for the press. It also has an advisory capacity, conducting studies and expressing its views on any bill, legislation, law, or other matters related to the press.

The council is made up of representatives from various sectors: practicing journalists, individuals who own or manage newspapers, individuals managing news agencies, representatives of the two Houses of Parliament, and nominees from the University Grants Commission, Bar Council of India, and Sahitya Academy. This diverse composition ensures a wide-ranging perspective in its operations and decision-making processes.

In essence, the Press Council of India plays a vital role in safeguarding the freedom of the press and upholding high journalistic standards in India. It serves as a self-regulatory entity, ensuring that the press operates ethically and responsibly while preserving its independence.

Roles and functions of the Press Council of India (PCI):[1]

1. Upholding Independence: A key responsibility of the PCI is to ensure that newspapers and news agencies can operate freely, without any undue influence or interference. This is crucial for preserving the freedom of the press.
2. Establishing Professional Standards: The PCI is tasked with creating a code of conduct for journalists, which serves as a guide for ethical and responsible journalism. This helps in maintaining high professional standards in the industry.
3. Overseeing Print Media: As the top regulatory body for Print Media in India, the PCI plays a vital role in supervising the operations of newspapers, news agencies, and journalists. It ensures adherence to the code of conduct and the maintenance of high professional standards.
4. Resolving Complaints: The PCI has the authority to arbitrate complaints against and by the press for ethical violations and infringements of press freedom. It has the power to issue warnings, admonishments, censures, or disapprovals to those found at fault.
5. Monitoring Developments: The PCI keeps a close watch on any developments that could potentially restrict the supply and dissemination of news of public interest and importance. It also pays attention to developments such as changes in the ownership of newspapers and news agencies which may impact the independence of the press.
6. Encouraging Research: The PCI encourages technical and other research related to news. It ensures that the news maintains high standards, especially in terms of credibility.
7. Facilitating Proper Functional Relationships: The PCI fosters a proper functional relationship among all individuals involved in the production or publication of newspapers or news agencies.

Composition Of PCI[2]

The Press Council of India (PCI) is composed of a chairman and 28 other members. Here is the detailed composition:

1. Chairman: The Chairman of the PCI is selected by the Speaker of the Lok Sabha, the Chairman of the Rajya Sabha, and a member elected by the PCI.
2. Members: The 28 members of the PCI include:
   
   • 2 Members from the Rajya Sabha
   • 3 Members from the Lok Sabha
   • 7 Working journalists (other than editors of newspapers)
   • 6 Editors of Newspapers
   • 3 People with specialized knowledge of public life
   • 1 Person who manages news agencies
   • 6 Persons in the business of managing newspapers

 

Powers Of PCI:

The Press Council of India (PCI) is endowed with several authorities that enable it to perform its duties efficiently.

• Examining Complaints: The PCI is tasked with scrutinizing the grievances it receives. These grievances can pertain to any breach of journalistic ethics or professional misconduct by an editor, journalist, newspaper, or news agency.[3]
• Calling Witnesses and Requesting Public Records: The PCI possesses the authority to call upon witnesses and request copies of public records. This authority is vital for the PCI to conduct exhaustive investigations into the grievances it receives.
• Issuing Admonitions and Criticizing the Offenders: If the PCI determines any party to be guilty of breaching journalistic ethics or committing professional misconduct, it has the power to issue admonitions and criticize the offending party. This acts as a deterrent for others and aids in maintaining high professional standards in the print media industry.[4]
• Decisiveness of Rulings: The rulings of the PCI are conclusive and cannot be contested in a court of law. This highlights the authority and autonomy of the PCI. These authorities empower the PCI to effectively oversee the print media industry in India, uphold high professional standards, and safeguard the freedom of the press.[5]
   

Complaint Procedure Under Section 13 Of The Press Council Act, 1978

Complaints pertaining to electronic or social media or even OTT platforms contain The complaint procedure under Section 13 of the Press Council Act, 1978 is as follows:

• Lodging the Complaint: A grievance can be lodged against the press for breaching journalistic ethics or committing professional misconduct. The lodged grievance must meet all the obligatory prerequisites outlined under Regulation 3 when it's a complaint against the press and under Regulations 14 and 3 (2) of the Press Council (Procedure for Inquiry) Regulation, 1979 when it's a complaint lodged by the press.

• Examining the Complaint: The complaint division meticulously reviews each grievance to verify if the complainant has met all the compulsory prerequisites. If a complainant fails to meet the requirements in their initial grievance, the complaint is sent back by the order of the Chairman, requesting the complainant to align it with the necessary requirements and resubmit it within a timeframe deemed appropriate by the Chairman.

• Dispatching Notice: Once all the obligatory prerequisites are met, a Show Cause Notice, Notice for Comments, or Notice for Statement in Reply is dispatched to the party in question.

• Reply from the Respondent: Upon receiving the written statement from the respondent(s), it is relayed to the complainant for their information and for any counter comments they may have. At this point, the matter is considered ready for hearing. If there is no response from the respondent, a Reminder Bound by Time is sent to the respondent, one month after the Show Cause Notice has been issued.

• Hearing: The matter is then transferred to the Meetings Section for placing it before the Inquiry Committee for hearing.

• Termination of Complaints at Initial Phase: If a complainant does not meet the requirements within a four-week period from the delivery of the PCI's letter, the Chairman of the Press Council of India (PCI) has the discretion to cease action on the matter under Regulation 4 (2) of the Press Council (Procedure for Inquiry) Regulation, 1979 due to non-compliance with the obligatory requirements.

Right To Freedom Of Press

The Constitution of India provides the right to freedom of speech and expression under Article 19(1)(a)

This is an essential right assured to every citizen of India. While the Constitution does not directly state the freedom of the press, it is inferred from Article 19(1)(a). This clause empowers individuals, inclusive of the press, to express their thoughts, views, beliefs, and concepts freely through various channels such as speech, writing, printing, publishing, and communication.

However, this freedom is not absolute and is subject to reasonable restrictions under Article 19(2) for the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offense.

The press plays a vital role in a country's social, political, economic, and international affairs. Therefore, the freedom of the press is essential for a democracy to survive and thrive and preserve the ethos of good and transparent governance[9].

Fundamentally, the freedom of the press in India encompasses the right to freely articulate one's ideas, the right to critique, the right to access information, the right to carry out interviews, the right to document court proceedings, the right to attend and report on legislative proceedings, and the right to serve as a platform for advertising. However, these rights are subject to certain reasonable restrictions for previously stated reasons[10]

The Press Council Act, Of 1978

The Press Council Act, of 1978 was enacted with the objective of establishing the Press Council for preserving the freedom of the press and regulate newspapers and other related agencies in India. Here are some key features of the Act:

• Formation of the Press Council: The Act stipulates the creation of the Press Council of India, a corporate entity with continuous succession and the authority to initiate legal proceedings in the Council's name.
• Legal Proceedings in the Council's Name: The Council has the right to initiate legal proceedings under its own name.
• Structure of the Council: The Act specifies the structure of the Council, which comprises a chairman and 28 additional members.
• Authority and Duties of the Council: The Act bestows upon the Council the responsibility to safeguard the freedom of the press, and uphold and enhance the standards of newspapers and news agencies in India. It also grants the Council the authority to reprimand.
• Procedure for Complaints: The Act outlines a process for lodging complaints against the press for breaches of journalistic ethics or professional misconduct.
• Broad Powers of the Council: The Act endows the Council with the power to undertake any action that is beneficial or related to the execution of its functions.
• Safeguarding Actions Undertaken in Good Faith: The Act provides protection for actions executed in good faith under its purview.
• Authority to Establish Rules and Regulations: The Act empowers the Council to formulate rules and regulations. This Act is instrumental in preserving the autonomy of the press and promoting high standards of journalism in India.
• Shielding Actions Executed in Good Faith: The Act offers protection for actions performed in good faith under it.
• Capability to Formulate Rules and Regulations: The Act grants the Council the capability to establish rules and regulations.

This Act plays a crucial role in maintaining the independence of the press and ensuring high standards of journalism in India[11].

Recommendations To Enhance The Effectiveness Of PCI

To enhance the effectiveness of the Press Council of India (PCI), several recommendations could be considered:

• Strengthening Autonomy: The independence of the PCI could be fortified to ensure its operations are free from any inappropriate influences. This might involve implementing safeguards to shield the PCI from political or corporate pressures.
• Amplifying Regulatory Authorities: The regulatory powers of the PCI could be amplified to enable it to more effectively uphold and enhance the standards of newspapers and news agencies. This might encompass more stringent enforcement of the journalistic code of conduct.
• Tackling Modern Challenges: The PCI should be prepared to tackle modern challenges such as the emergence of digital media, the spread of fake news, and sensationalism. This might necessitate updating the journalistic code of conduct to address these emerging challenges.
• Enhancing Complaint Management: The proficiency of the PCI in managing complaints could be augmented. This might entail refining the complaint process and guaranteeing prompt resolution of cases.
• Promoting Training and Research: Aspiring journalists should be provided with training to stimulate technical and other news-related research. This would contribute to upholding high professional standards.
• Raising Public Consciousness: Initiatives should be undertaken to boost public knowledge about the role and functions of the PCI. This would aid in promoting greater transparency and accountability.

These recommendations could help transform the PCI into a more robust defender of press freedom and journalistic integrity in India.

Cases Related To Press Council Of India

Ajay Goswami vs Union of India & Ors. on 12 December, 2006.[13]
On December 12, 2006, a bench of two judges in the case of Ajay Goswami vs Union of India & Ors. [Writ Petition (Civil) No.384 of 2005] deliberated on the petitioner's concern that the freedom of speech and expression enjoyed by the newspaper industry was not balanced with the protection of children from harmful and disturbing obscene materials. The bench held that any measures to prohibit the publication of certain news pieces or images would hinder the independence of the free press, which is a cornerstone of the democratic structure in this country.

The bench opined that imposing a blanket ban on the publication of certain photographs and news items, etc., would result in newspapers publishing material that caters solely to children and adolescents, thereby depriving adults of their share of entertainment permissible under the normal norms of decency in any society.

The bench observed that the definition of obscenity varies from culture to culture, between communities within a single culture, and even among individuals within those communities. They stated that a culture of 'responsible reading' should be cultivated among the readers of any news article and that no news item should be viewed or read in isolation.

The bench emphasized that a publication must be judged as a whole, and news items, advertisements, or passages should not be read without understanding the accompanying message intended to be conveyed to the public. They also advised that the public and readers should not seek meanings in a picture or written article that were not intended to be conveyed through the picture or the news item.

Finally, the bench observed that the fertile imagination of anyone, especially minors, should not be a matter for legal dispute. They noted that a hypersensitive person could choose to subscribe to other newspapers that might align with his standards of morality. Consequently, the bench dismissed the writ petition.

K.K. Birla vs The Press Council of India and Ors.[14]
The case of K.K. Birla vs The Press Council of India and Ors. was heard on 22 September, 19751. This case dealt with the freedom of the press and the independence of newspapers1.

In this instance, the senior editor, Mr. B.G. Verghese, was dismissed by the proprietor of Hindustan Times Ltd., a renowned Indian industrialist. The owner, lacking an understanding of the essence of press freedom and the liberty of an editor, terminated the senior editor's employment.

The case underscored the significance of press freedom and the autonomy of newspapers. It stressed that the liberty of the press is tantamount to the editor's freedom from external pressures to adhere to the editorial policy.

The case also examined the role of the Press Council of India (PCI) in safeguarding press freedom and in maintaining and enhancing the standards of newspapers and news agencies in India.

This case is of considerable importance as it highlights the criticality of press freedom and the role of the PCI in preserving this freedom.

Press Council of India vs All India Small and Medium Newspapers[15]
The case of Press Council of India vs All India Small and Medium Newspapers was adjudicated on March 21, 2001. The central issue in this appeal was whether an individual who has served two terms as a member of the Press Council is disqualified from being renominated for a third term.

The case was instigated when the second respondent, who had already completed two terms as a member of the Press Council, was proposed for a third term. The Press Council declined the nomination of respondent No.2 but approved the nomination of his son, who was endorsed by the first respondent as a substitute candidate. This decision was based on the fact that the second respondent had been a member of the Press Council for two terms and was therefore ineligible for renomination, as per the stipulations of sub-section (7) of section 6 of the Act.

This case holds significance as it highlights the importance of the rules and regulations established by the Press Council of India (PCI) in safeguarding the freedom of the press and in maintaining and enhancing the standards of newspapers and news agencies in India.

Dainik Sambad And Anr. vs State Of Tripura And Ors[16]
The case of Dainik Sambad and Anr. vs State of Tripura and Ors. was adjudicated on December 15, 1987. The petitioners claimed infringement of rights under Articles 14, 19 (1) (a), 19 (1) (g), and 300A of the Constitution of India.

In the process of forming the Press Advisory Committee to guide the Government of Tripura in matters related to its advertisement policy and other press-related issues, it discriminated against and interfered with the press freedom of Dainik Sambad by excluding its Editor from the Committee while including those of Weekly Desher Katha, Tapari, Tripura Reporters Guild, and Gandaut. The Government has shown bias against the petitioners while establishing the rate structure for Government advertisement in its advertisement policy, particularly in respect of display advertisements setting Rs. 4/- per column centimetre, which the D.A.V.P, pays Rs. 7.50 per column centimeter. In contradiction to the advertisement policy of the Government of Tripura, the petitioners have been discriminated against by reducing the volume of advertisements allocated to Dainik Sambad.

The Tripura Advertisement Policy Rules, which empower the Government of Tripura to cease the issuance of Government advertisements to a newspaper that, according to it, incites communal feelings or breaches, violates or offends socially accepted norms of public decency and morals, are unconstitutional, null, and non-operative.

The order ceasing the subscription of 408 copies of Dainik Sambad to the Government information centres, is unconstitutional and null. This case is of considerable importance as it highlights the significance of the freedom of the press and the role of the Press Council of India (PCI) in safeguarding the freedom of the press and in maintaining and enhancing the standards of newspapers and news agencies in India.

Halvi. K.S vs The State of Kerala on 20 August 2020[17]
The case of Halvi. K.S. vs The State of Kerala was adjudicated on August 20, 2020. The petitioner, Halvi. K.S initiated a Public Interest Litigation with the aim to safeguard the interests of the lawyer community and to address the violation of the fundamental rights of the general public concerning their rights to be informed about current social, political, economic, cultural, and other significant topics and issues.

The petitioner contended that the intentional dissemination of falsehoods, and recurrent broadcasting of news to tarnish the reputation of the judiciary, government officials, police force, and political leaders, including but not limited to the Prime Minister, Chief Minister, and other Ministers, without personally verifying the accuracy or source, in violation of broadcasting ethics, exceeds the provisions of Article 19 of the Constitution of India.

The petitioner further asserted that such behaviour by the media not only incites unrest in the community but also impacts the credibility of the news broadcasted, leaving the general public in a state of confusion as to what to believe and what to disregard.

This case is of considerable importance as it highlights the significance of press freedom and the role of the Press Council of India (PCI) in safeguarding press freedom and in maintaining and enhancing the standards of newspapers and news agencies in India.

The case of Courts on Its Motion vs The Publisher was heard on April 4, 2013. This case was initiated by the court Suo moto.

The primary issue stemmed from a news item covered by the Times of India dated March 2, 2009, where biased news was regularly observed in a case which was listed before this Court. It was noted that such a news item appeared a day before the date fixed for the hearing of the case listed before the Bench. This case was scheduled to come up before this court on March 2, 2009, and on the same day, the news appeared in the Times of India, Chandigarh Edition under the heading "Haryana for mine auction, but its plea admits pitfalls".

In this news item, the stance of the Haryana Government was reflected and commented upon. The news item begins by stating that "Haryana Government may be sticking to its decision to auction the mines of Khori Jamalpur and Sirohi on March 3, but the petition it has submitted to the Punjab and Haryana High Court on Wednesday is littered with reasons for not doing so".

This case holds significance as it underscores the importance of the freedom of the press and the role of the Press Council of India (PCI) in preserving the freedom of the press and maintaining and improving the standards of newspapers and news agencies in India.

Conclusion:
In summary, the Press Council of India (PCI) holds a crucial position in safeguarding the liberty of the press and in maintaining and elevating the standards of newspapers and news agencies in India. Despite confronting obstacles such as political interference, corporate sway, and a backlog of cases, the PCI has demonstrated resilience and adaptability. It has played a key role in establishing a code of conduct for journalists and mediating complaints, thereby aiding in the upkeep of high professional standards in journalism.

However, there is a necessity for more efficient strategies to tackle ongoing issues and enhance the efficiency of complaint resolution. As the media environment continues to transform, the PCI must also evolve to effectively fulfill its stated objectives and persist in its vital role in upholding democracy and ensuring the protection of freedom of speech. This will necessitate a holistic approach involving all stakeholders, including the government, the press, and the public. Through collective efforts, the PCI can augment its role and effectiveness, thereby contributing to a strong and dynamic press in India.

Written By: Apoorwa Tripathi, 3rd year B.B.A LL. B student from Graphic Era Hill University, Dehradun, Uttarakhan