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General Studies 2 >> Polity

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PRESS AND PERIODICALS BILL 2023

PRESS AND PERIODICALS BILL 2023

 
 
 
1. Context
 
 
After being passed in the Rajya Sabha on August 3, 2023, amid uproar from the opposition, the Press and Registration of Periodicals Bill, of 2023, was passed in the Lok Sabha recently.

Seeking to repeal the Press and Registration of Books Act 1867, the Bill contains a unique provision disallowing persons convicted of terrorist acts or unlawful activities or those who have acted against state security, by publishing periodicals. A periodical means any publication, barring books or journals, that is printed at regular intervals and contains public news or comments on public news.
 
 

2. Objectives of the Press and Registration of Periodicals Bill, 2023

 

  • Promotion of Ease of Doing Business: The primary objective of introducing the Press and Registration of Periodicals Bill, 2023, is to enhance the ease of doing business in the publishing industry. The Bill aims to streamline and simplify regulatory processes, making it more conducive for publishers and printing press owners to operate efficiently.
  • Removal of Unnecessary Procedural Obstacles: Another key goal of the Bill is to eliminate unnecessary procedural obstacles that publishers often face under the existing regulatory framework. By doing so, the legislation seeks to create a more business-friendly environment, allowing publishers to focus on their core activities without being encumbered by cumbersome procedures.
  • Unburdening Publishers and Printing Press Owners: The Bill intends to relieve publishers and printing press owners from the burdensome requirement of furnishing declarations before the District Magistrate (DM) and filing revised declarations for any changes in particulars. This is aimed at reducing administrative complexities and providing more flexibility to the publishing industry.
  • Decriminalization of the Colonial-era Statute: The Bill represents a significant effort to decriminalize the existing colonial-era statute, the Press and Registration of Books Act, 1867. Instead of relying on criminal convictions, the Bill proposes the imposition of financial penalties for certain violations. This shift aligns with contemporary approaches to regulation and aims to foster a more progressive legal environment.
  • Acceleration of Title Registration Process: Emphasizing the urgency of business processes, Minister for Information and Broadcasting Anurag Thakur highlighted that the title registration process, which previously consumed 2-3 years, will now be expedited and completed within 60 days. This acceleration is designed to enhance operational efficiency for publishers and reduce unnecessary delays.

 

3. Key Differences Between Press and Registration of Periodicals Bill, 2023 and 1867 Act
 
 
 
Features 1867 Act 2023 Bill
Content Scope Books, Magazines, Newspapers Magazines & Newspapers (Books under HRD Ministry)
Penalties Jail Terms for most offenses Fines for most offenses, Decriminalization
Fines Upper Limit Rs 2,000 Rs 5 lakh
Regulatory Power Limited, with Press Registrar Press Registrar General with wider powers
Appellate Mechanism Not specific Press and Registration Appellate Board
Registration Timeframe 2-3 years 60 days
Declarations Mandatory to District Magistrate
Not required, Online intimation for printers
 
 
 
 
 
 
 
4. What is the process of declarations and registration?

 

Under the Press and Registration of Periodicals Bill, of 2023, the declaration and registration process has undergone significant simplification and modernization compared to the provisions of the 1867 Act. The aim is to reduce administrative complexities and enhance efficiency for publishers and printing presses. 

  • Declaration Process Simplification: Publishers are no longer obliged to file a declaration with the DM or local authorities. Instead, a simplified online "intimation" is now sufficient.
  • Intimation for Printing Presses:  Printing presses, instead of filing declarations, can provide an online "intimation" to the concerned authorities. This eliminates the need for a time-consuming and paperwork-intensive declaration process.
  • Simultaneous Processing of Applications: Publishers and printers can now process title allotment and registration applications simultaneously. This change reduces the need for separate applications and streamlines the overall process.
  • No-Objection Requirement: After filing a registration application, a "specified authority" must furnish a no-objection or comments within 60 days. This ensures a timely response.  Importantly, the requirement for a no-objection from the specified authority has been waived for the registration of periodicals proposed to be published by the government. This expedites the process for government publications.
  • Decision by Press Registrar General (PRG): The Press Registrar General (PRG), a newly created position with enhanced powers, ultimately decides the grant of registration based on the application and any received objections or comments. This centralizes the decision-making process.

5. Unlawful Activities (Prevention) Act (UAPA) Provision in the Press and Registration of Periodicals Bill, 2023

 

  • Restrictions on Publishing Periodicals: The proviso to Section 4 of the Bill imposes restrictions on any person who has been convicted of specific offences under the UAPA.
  • Defined Terms from UAPA: The terms "terrorist act" and "unlawful activity" referred to in the proviso are explicitly defined in clauses (k) and (o) of Section 2(1) of the Unlawful Activities (Prevention) Act, 1967.
  • Meaning of "Terrorist Act": The term "terrorist act" pertains to any action carried out with the intent to threaten or likely to threaten the unity, integrity, security, economic security, or sovereignty of India. Additionally, it includes acts intended to strike terror or likely to strike terror among the people.
  • Meaning of "Unlawful Activity": The term "unlawful activity" encompasses actions by individuals or associations that support any claim for secession, separatism, disruption of sovereignty, or integrity, among other specified activities.
  • Prohibition on Publishing: In essence, the proviso prohibits individuals with convictions related to "terrorist acts," "unlawful activities," or actions against the security of the state, as defined under the UAPA, from being allowed to publish a periodical.

 

6. The Way Forward

 

The Press and Registration of Periodicals Bill 2023 aims to modernize and simplify the registration process for periodicals while introducing stricter regulations on publishers convicted of certain offences. While the Bill promises positive changes for the industry, the UAPA provision requires careful monitoring to ensure it doesn't unduly restrict legitimate journalistic activities and diverse viewpoints.

 

For Prelims: Press and Registration of Periodicals Act 1867, Unlawful Activities Prevention Act

For Mains: 

1. Discuss the implications of the Unlawful Activities (Prevention) Act provision barring individuals convicted of specific offences from publishing periodicals. Does it strike a balance between national security and freedom of expression? (250 Words)
 
 
Previous Year Questions
 
1. Indian government has recently strengthed the anti-terrorism laws by amending the Unlawful Activities(Prevention) Act, (UAPA), 1967 and the NIA Act. Analyze the changes in the context of prevailing security environment while discussing scope and reasons for opposing the UAPA by human rights organizations. (upsc 2019)
 
 
Source: The Indian Express
 

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