Passage

The Editors Guild of India has expressed concern over the “draconian provisions” of the Press and Registration of Periodicals (PRP) Bill, 2023, that can have an adverse impact on freedom of the press. The Guild added: “Editors Guild of India would like the proposed bill to ensure that publishing of news in India remains free of encumbrances and intrusive checks on publishers by the Registrar, and that the primary emphasis of the Registrar and the PRP remains ‘registration’ and not ‘regulation’, as the latter has the potential of restricting freedom of the press.”

“In the definitions section, the term ‘specified authority’ gives power to government agencies beyond the Press Registrar, to conduct the functions of the Registrar, which could even include police and other law enforcement agencies. Given the intrusive, expansive, and vague nature of powers that the bill in any case allows to the Press Registrar, the power to further delegate this power to other government agencies including law enforcement agencies is deeply distressing,” the Guild said.

The statement says sections 4(1) and 11(4) allow the Registrar to deny the right to bring out a periodical and cancel the certificate of registration of a periodical to persons convicted of “terrorist act or unlawful activity” or “for having done anything against the security of the State”.

“Interestingly, the PRB Act, 1867, had no such provisions. Given the liberal and arbitrary use of UAPA (which is the basis for defining ‘terrorist act’ and ‘unlawful activity’), as well as other criminal laws, including sedition, against journalists and media organisations to suppress freedom of speech, the Guild is deeply concerned by the introduction of these new provisions, and the way they can be misused to deny the right to bring out news publications to persons who are critical of governments,” it said.

Among the other worrisome provisions listed by the Guild is Section 6(b), which gives power to the Press Registrar (as well as any other “specified authority”) to enter the premises of a periodical to “inspect or take copies of the relevant records or documents or ask any questions necessary for obtaining any information required to be furnished”.

Freedom of press is not specifically guaranteed under the Constitution of India but is implied in Article 19(1)(a) i.e. Freedom of Speech and Expression. Therefore, freedom of press is part of fundamental rights.