Professional Documents
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PRB Act and RPP Bill
PRB Act and RPP Bill
Red highlights specify the clauses which completely omitted or not defined
Green highlights specify the clauses which are reframed or updated
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2. Editor- "editor" means the person who 2. CL. 2(c) “Editor” of a periodical means an
controls the selection of the manner that is individual, whether called editor, chief editor,
published in a newspaper group editor or editor-in-chief or by any other
name called, being a citizen of India and is
ordinarily resident in India responsible for the
selection and finalization of the content of a
periodical;
3. Press Registrar- "Press Registrar" means the 3. Press Registrar General- “Press Registrar
Registrar of newspapers for India appointed General” means the Press Registrar General of
by the Central Government under section 19A India, appointed by the Central Government
and includes any other person appointed by under Section 4 of the said Act. (Clause 2q)
the Central Government to perform all or any
of the functions of the Press Registrar.
4. Not Specifically Defined.
4. Paper- "paper" means any document,
including a newspaper, other than a book.
6. Magistrate- "Magistrate" means any 'person 6. CL. 2 (w) “specified authority” means a District
exercising the full powers of a Magistrate, and Magistrate or Collector or Deputy Commissioner
includes a Magistrate of police of a district, as the case may be, or any other
executive magistrate or an officer exercising the
powers of an Executive Magistrate authorised in
writing by the District Magistrate or Collector or
Deputy Commissioner of a District or by the
State Government or Union territory
Administration
7. Prescribed- "prescribed" means prescribed, by
rules made by the Central Government under
section 20A. 7. Prescribed- CL. 2(o) Definition modified-
“prescribed” means prescribed by rules made
8. Printing- "printing" includes cyclostyling and
1
The words "or lithographed" omitted by Act 55 of 1955, s. 4 (w.e.f. 1-7-1956)
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Red highlights specify the clauses which completely omitted or not defined
9. Register- “Register" means the Register of 8. CL. 2 (r) “printing” means reproduction of a
newspapers maintained under section 19B. periodical through any technology involving
mass production of copies but does not include
photocopying;
10. Not defined 9. CL. 2 (v) “Register” means the register of
periodicals maintained under Sub-Section 2 of
Section 4 of this Act;
subscribed the following declaration before the 3. (1) Any person or the keeper possessing a printing
District, Presidency or Sub-divisional Magistrate press for printing of any kind of publication shall
within whose local jurisdiction such press may be: furnish an intimation before the Specified Authority
within whose local jurisdiction such press may be, in
I, A. B., declare that I have a press for printing at such manner and setting forth
—". And this last bank shall be filled up with a such particulars as may be prescribed.
true a precise description of the place where such
press may be situated. (2) The person referred to in sub-section (1) shall
submit any information/document relating
(2) As often as the place where a press is kept is to the intimation as may be required by the specified
changed, a new declaration shall be necessary: authority.
Provided that where the change is for a period not
exceeding sixty days and the place where the (3) Printer to file an Annual Statement: - Any person
press is kept after the change is within the local or the keeper possessing a printing 7 press for printing
jurisdiction of the Magistrate referred to in sub- of any periodical including newspaper, shall submit to
section (I), no new declaration shall be necessary the Press Registrar General an Annual Statement by
if— (a) a statement relating to the change is the 30th April of every year regarding printing of such
furnished to the said Magistrate within twenty- periodicals, containing such particulars and in such
four hours thereof; and manner as may be prescribed.
(b) the keeper of the press continues to be the
same. Sec. 4 A person, being an entity incorporated and
registered in India under any law for the
time being in force, or a citizen of India, may bring
out a publication;
(2D) Where the title of any newspaper or its (v) to call for records, documents and such other
language or the periodicity of its publication is information from a publication as may be required in
changed, the declaration shall cease to have effect discharge of his function.
and a new declaration shall be necessary before (vi) to have access to any relevant record or document
the publication of the newspaper can be relating to a periodical in the possession of the
continued. publisher or printer thereof, and may enter at any
reasonable time any premise where he believes such
(2E) As often as the ownership of a newspaper ‘is record or document to be and where the periodical is
changed, a new declaration shall be necessary.] being printed and may inspect or take copies of the
relevant records or documents or ask any =question
[(3) As often as the place of printing or necessary for obtaining any information required to be
publication is changed, a new declaration shall be furnished under this Act.
necessary:
[Provided that where the change is for a period (vii) to impose fine and penalty.
not exceeding thirty days and the place of printing
or publication after the change is within the local
jurisdiction of the Magistrate referred to in rule
(2), no new declaration shall be necessary if—
REGISTRATION OF NEWSPAPER
Annual Statement
thousand rupees,
Provided that no order for imposition of penalty shall
be passed without providing an opportunity of being
heard of the publication.
Annual Report
Annual Report
19G. The Press Registrar shall prepare, in such
form and at such time each year as may be CL. 13, The Press Registrar General shall prepare and
prescribed, an annual report containing a publish an annual report containing information in
summary of the information obtained by him respect of the periodicals in India in such form and at
during the previous year in respect of the such time as may be prescribed.
newspapers in India and giving an account of the
working of such newspapers, and copies thereof
shall be forwarded to the Central Government.
Cancellation of declaration
Cancellation or suspension of Registration
8B. If, on application made to him by the Press
Registrar or any other person or otherwise, the CL. 11, The Press Registrar General may, on the
Magistrate empowered to authenticate a basis of information received from the Government or
declaration under this Act, is of opinion that any its organization, or on the
declaration made in respect of a newspaper should recommendations of the Press Council of India or the
be cancelled, he may, after giving the person specified authority, or obtained by it,
concerned an opportunity of showing cause may suspend or cancel the Certificate of Registration
against the action proposed to be taken, hold an if he is satisfied that:
(a) the periodical is being published in contravention
inquiry into the matter and if, after considering the
cause, if any, shown by such person and after of the provisions of this Act or rules
giving him an opportunity of being heard, he is made there under;
satisfied that— (b) the registration was obtained on false
representation or on the concealment of any
(i) the newspaper, in respect of which the material fact;
declaration has been made is being (c) the periodical mentioned in the Certificate of
published in contravention of the Registration bears a title, which is the same or similar
provisions of this Act or rules made to that of any other periodical, published either in the
thereunder; or same language or in the same state;
(ii) the newspaper mentioned in the (d) the periodical has stopped publishing for a period
declaration bears a title which is the exceeding twelve months from the date of last
same as, or similar to, that of any published issue;
other newspaper published either in (e) The periodical of any periodicity has published
the same language or in the same issues less than three-fourth of what should have been
State; or published in accordance with the application made in
(iii) the printer or publisher has ceased to respect thereof.
be the printer or publisher of the (f) the Publisher has given any wrong or false
newspaper mentioned in such particulars in his Application for Registration or
declaration; or Annual Statement;
(iv) the declaration was made on false (g) The publisher has failed to furnish the annual
representation or on the concealment statement within twelve months of the end of a
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PENALTIES
PENALTIES
Penalty for printing contrary to rule in
section CL. 14, Penalty for printing or publishing periodical
without conforming to provisions of Act: Whoever
CL. 12, Whoever shall print or publish any book owns, prints, publishes or edits any periodical without
or paper otherwise than in conformity with the conforming to the provisions of Section 5, Section 6
rule contained in section 3 of this Act, shall, on and Section 7 of this Act and rules made thereunder,
conviction before a Magistrate, be punishable by or causes to be owned, printed, published or edited
fine not exceeding [two thousand] rupees, or by any periodical knowing that the provisions of Section
simple imprisonment for a term not exceeding 8 5, Section 6 and Section 7 of this Act or the rules
[six months], or by both. made there under have not been complied with, shall
be punishable with a fine which may extend to fifty
Penalty for keeping press without making thousand rupees, and the periodical may also be liable
declaration required by section 4 for cancellation of Registration.
CL. 13, Whoever shall keep in his possession any CL. 15, Penalty for non-compliance of provisions
such press as aforesaid, 9 [ in contravention of regarding Printing Press: (1) Noncompliance in terms
any of the provisions contained in section 4 of this of provisions of Section 3 for starting a printing press
Act], shall, on conviction before a Magistrate, be without furnishing an intimation or by furnishing false
punished by fine not exceeding [two thousand] particulars in the intimation or for not furnishing
rupees, or by simple imprisonment for a term not information called for by the specified authority shall
exceeding 8 [six months] or by both. invite such fine and penal action as may be considered
appropriate by the specified authority concerned.
Punishment for making false statement
CL. 14, Any person who shall, in making 1 [any (b) Noncompliance in terms of provisions of Section
declaration or other statement] under the authority 3(3) for not filing annual statement by the printer or
of this Act, make a statement which is false, and the keeper shall attract a fine upto fifty thousand
which he either knows or believes to be false, or rupees and recommendation to the specified authority
does not believe to be true, shall, on conviction for taking appropriate penal action.
before a Magistrate, be punished by fine not
exceeding [two thousand] rupees, and
imprisonment for a term not exceeding [six
months]
APPEAL
APPEAL
CL. 8C, (1) Any person aggrieved by an order of 16 (1) There shall be an Appellate Board to be called
a Magistrate refusing to authenticate a declaration the Press and Registration Appellate Board consisting
under section 6 or cancelling a declaration under of Chairman, Press Council of India and one member
section 8B may, within sixty days from the date to be nominated by the Press Council of India, from
on which such order is communicated to him, among its members.
prefer an appeal to the Appellate Board to be
called the Press and Registration Appellate Board (2) Any person aggrieved by an order of the Press
consisting of a chairman and another member to Registrar General with regard to refusal of registration
be appointed by the Central Government; under sub-section (5) of Section 6, or cancellation or
suspension of registration under Section11, or
Provided that the Appellate Board may entertain imposition of penalty and orders of
an appeal after the expiry of the said period, if it is suspension/cancellation of registration under
satisfied that the appellant was prevented by Section14, may, within sixty days from the date on
sufficient cause from preferring the appeal in which such order is communicated to him, prefer an
time. appeal to the Appellate Board. Provided that the
Appellate Board may entertain an appeal after the
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(2) On receipt of an appeal under this section, the expiry of the said period, if it is satisfied that the
Appellate Board may, after calling for the appellant was prevented by sufficient cause from
preferring the appeal on time.
records from the Magistrate and after making such
further inquiries as it thinks fit, confirm, modify
or
set aside the order appealed against. (3) On receipt of an appeal under this section, the
(3) Subject to the provisions contained in sub- Appellate Board may, after calling for the records and
section (2), the Appellate Board may, by order, after making such further inquiries as it deems fit,
regulate its practice and procedure. confirm, modify or set aside the order appealed
against.
(4) The decision of the Appellate Board shall be
final. (4) The decision of the Appellate Board shall be final
Not Provided. Cl. 18- The publisher of news on Digital Media shall
register themselves with the Registrar of Newspapers
of India in such manner and giving such particulars as
may be prescribed.
19F. The Press Registrar or any gazetted officer premise where he believes such record or document to
authorised by him in writing in this behalf shall, be and where the periodical is being
for the purpose of the collection of any printed and may inspect or take copies of the relevant
information relating to a newspaper under this records or documents or ask any
Act, have access to any relevant record or question necessary for obtaining any information
document relating to the newspaper in the required to be furnished under this Act.
possession of the publisher thereof, and may enter (vii) to impose fine and penalty.
at any reasonable time any premises where he
believes such record or document to be and may
inspect or take copies of the relevant records or
documents or ask any question necessary for
obtaining any information required to be
furnished under this Act.
Not provided
Delegation of powers:
19I. Subject to the provisions of this Act and
regulations made thereunder, the Press Registrar
may delegate all or any of his powers under this
Act to any officer subordinate to him.
2. Editors to be Indians Editor of a periodical means an individual, whether called editor, chief
editor, group editor or editor-in-chief or by any other name called, being a citizen of India and is
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Red highlights specify the clauses which completely omitted or not defined
ordinarily resident in India responsible for the selection and finalization of the content of a
periodical”. This provision of the draft bill makes it mandatory for the editor of the periodical to
be an Indian citizen. The current law (PRB Act) does not have such a provision. On one hand this
provision proposed will be feasible as it is difficult to hold a person of some other nationality
accountable in Indian courts, if the need be. While on the other hand the provision can be
challenged as a violation to Article 14 of the Indian Constitution. Thus, the said provision has its
own pros and cons.
3. Registration Powers with the Press Registrar General Section 5(1) under Part III of the bill
creates a provision for the appointment of the Press Registrar General by the Central
Government. The bill seeks to polarize the system of registration of the periodicals or newspapers
with the Press Registrar General according to the procedure laid down under the bill. He is also
empowered with the responsibility to revise Certificate of Registration, receive annual statements
from the owners of the periodicals, impose fines or penalties, revoke or suspend the registration
of the periodicals. However, the bill has proposed to register the publishers of the news on digital
media with the Registrar of Newspapers of India. (Section 18 under Part VIII)
4. Entities not allowed to bring out Publication The bill allows anyone who is a citizen of India to
bring out its publication, provided that such a person has not been convicted by the court for
offence involving terrorist or unlawful activity and having done anything against the security of
state.(Section 4 under Part II) While it is stated that the meanings of ‘terrorist and unlawful
activity’ shall be traced to the Section 2 of the Unlawful Activities (Prevention) Act, 1967, the
draft fails to define what shall be included under the term ‘security of state’. It thus leads to
lacunae and disagreements among the parties involved.
5. Power vested with Government the Press Registrar General shall be bound by the decision of
the Central Government in case a question of policy occurs. The Central Government will also be
immune from legal proceedings against it. It has the power to frame rules in accordance with the
provisions mentioned under Section 22 of the Registration of Press and Periodicals Bill, 2019.
6. Provision of Prosecution of Publishers to be struck down One of the important features of the
new RPP Bill, 2019 is to do away with the provision of prosecution of publishers. The present
Press and Registration of Books (PRB) Act, 1867 contains provisions under which for an offence
listed under the act, a publisher or whosoever concerned shall be punished with a fine or
imprisonment or by both on account of conviction. On the contrary the draft bill seeks to punish
the concerned only with a fine as mentioned under Part V of the said Bill. (Section 14 and section
15)
7. Appellate Board In case of grievances, an appellate board may be called by the Press Registrar
General and its decision will be considered as final. This is mentioned under Section 16 of Part
VI of the Registration of Press and Periodicals