34th 2012-2013 Annual Report

April 1, 2012 - March 31, 2013

Press Council of India, New PRESS COUNCIL OF INDIA

Annual Report (April 1, 2012- March 31, 2013)

New Delhi Printed at : Chandu Press, D-97, Shakarpur, Delhi-110092 Press Council of India Soochna Bhawan, 8, CGO Complex, Lodhi Road, New Delhi- 110 003 Chairman: Mr. Justice Markandey Katju Editors of Indian Languages (Clause (a) of Sub-Section (3) of Section 5)

NAME ORGANISATION NOMINATED BY NEWSPAPERS Shri K. S. Sachidananda Editor’s Guild of India, Malayala Murthy All India Editors’ Conference and Manorama, Samachar Patra Sammelan Daily, Kottayam, Kerala Shri Shravan Kumar Editor’s Guild of India, Nai Duniya, Indore Garg All India Newspaper Editors’ Conference and Hindi Samachar Patra Sammelan Shri Jagjit Singh Dardi Editor’s Guild of India, Charhdikala, All India Newspaper Editors’ Conference and Punjabi Daily, Hindi Samachar Patra Sammelan , Punjab Shri Sheetla Singh Editor’s Guild of India, Janmorcha, Hindi All India Newspaper Editors’ Conference and Daily, , Hindi Samachar Patra Sammelan Uttar Pradesh Shri Anil Jugalkishor Editor’s Guild of India, Daily Amravati Agrawal All India Newspaper Editors’ Conference and Mandal, Amravati, Hindi Samachar Patra Sammelan Shri Bishambhar Newar All India Newspaper Editors’ Chhapte-Chhapte, Conference and Hindi Samachar Hindi Daily, Patra Sammelan West Bengal

Working Journalists other than Editors (Clause (a) of Sub-Section (3) of Section 5) Shri Rajeev Ranjan Nag National Union of Journalists, Press India News Weekly, Association, Working News Cameramen’s New Delhi Association and Indian Journalists Union Shri Uppala Lakshman National Union of Journalists, Press Samayam, Association and Working News Cameramen’s Telugu Daily, Association Hyderabad Shri Arvind S. Tengse National Union of Journalists, Press Photo Journalist, Association and Working News Cameramen’s Freelancer Association Shri Kosuri Amarnath National Union of Journalists , Press Freelance Journalist, Association, Working News Cameramen’s Hyderabad Association

iii NAME ORGANISATION NOMINATED BY NEWSPAPERS Shri Kalyan Barooah National Union of Journalists, Press Association, / Working News Cameramen’s Association and Indian Journalists Union Shri Sondeep Shankar National Union of Journalists, Press Association, Photo Journalist, Working News Cameramen’s Association and Freelancer Indian Journalists Union Shri Arun Kumar National Union of Journalists, /The Press Association and Working Times of India, Patna News Cameramen’s Association Owners and Managers of Big, Medium and Small Newspapers* (Clause (b) of Sub-Section (3) of Section 5) Shri Vijay Kumar Indian Newspaper Society , Hindi Chopra Daily, Jalandhar, Punjab Shri Sanjay Gupta Indian Newspaper Society , Hindi Daily, New Delhi Shri Gurinder Singh Indian Newspaper Society, All India Indian Observer, Small and Medium Newspapers English Daily, New Federation and Association of Small Delhi and Medium Newspapers of India Shri V.K. Chopra Indian Newspaper Society, All India Filmi Duniya, Small and Medium Newspapers Hindi Monthly, Delhi Federation and Association of Small and Medium Newspapers of India Dr. R.I. Lakshmipathy Indian Newspaper Society, All India Health, Small and Medium Newspapers English Monthly, Federation and Association of Small Tamil Nadu and Medium Newspapers of India *Vacant ------Managers of News Agencies (Clause (c) of Sub-Section (3) of Section 5) Shri Neeraj Bajpai United Neaws of India Joint Editor, United News of India, New Delhi Nominees of University Grants Commission, Bar Council of India and Sahitya Academy (Clause (d) of Sub-Section(3) of Section 5) Shri Rajeev Sabade University Grants Commission **Shri Ramchander Rao N. Bar Council of India Shri A. Krishna Murthy Sahitya Academy Members of Parliament Nominated by Speaker, Lok Sabha and Chairman, Rajya Sabha (Clause (e) of Sub-Section (3) of Section 5) Vacant (Lok Sabha) Shri Harin Pathak (Lok Sabha) Shri Sanjay Dina Patil (Lok Sabha) Shri Rajeev Shukla (Rajya Sabha) Shri Prakash Javadekar (Rajya Sabha) Secretary : Smt. Vibha Bhargava *Notification of remaining one member under Clause 5(3)(b)of Press Council Act, 1978 awaited **Nominated vide Gazette Notification dated 11.10.2012 Contents

Foreword

Chapter I Review 1

Chapter II Adjudications in Complaints Regarding Threats to 66 Press Freedom

Chapter III Adjudications in Complaints Filed Against the Press 74

Chapter IV Report on the Issue of Private Treaties by the Media 86 Companies – Adopted by the Press Council of India on 27.8.2012

Chapter V Report on the Murder of Shri Rai and 89 Three Members of His Family on 17.2.2012 in Umaria (MP) - Adopted by the Press Council of India on 27.8.2012

Chapter VI Report of the Election Coverage Monitoring 99 Committee on Paid News During Gujarat Election – 2012- Adopted by the Press Council of India on 18.2.2013

Chapter VII Finances of the Council 2012-2013 108

Annexures

A Statement of Cases April 1, 2012- March 31, 2013 134

B Gazette Notification dated October 11, 2012 135

C Gazette Notification dated November 1, 2012 136

D Judgement dated 14.9.2012 of the Supreme Court 155 of India in the Matter of Troop Movement

E Guidelines for Protection of Child Rights 158

v F Graph of Adjudications 2012-2013 159

G Subject Index of Adjudications in Complaints 160 Regarding Threats to Press Freedom (2012-2013)

H Subject Index of Adjudications in Complaints 165 Filed Against the Press (2012-2013)

I Index of Principles Recorded in Adjudications 184 in Complaints Regarding Threats to Press Freedom

J Index of Principles Recorded in Adjudications 185 in Complaints Filed Against the Press

K Subject Index of Orders Passed by the Press 186 and Registration Appellate Board (2012-2013)

vi Foreword It gives me immense pleasure to place this report in the hands of the readers. I feel that while freedom of press is a right to be cherished at all costs, the most vociferous advocates of this right also unequivocally advocate the case of balancing the right with the duty to report facts, clear and distinct from opinions, and free from all biases and pre-conceived notions. For the Council the most potent instrument of furthering this cause is the medium of its adjudications on the complaints brought before it.

I am happy to state that I have, in keeping with the mandate of the Press Council, attempted to inculcate the ethos of ethics (rather than punishment) by attempting settlement between the parties or allowing the respondents to make amends for their lapses. This, I feel, is how the Council should function, for the courts already exist to punish the guilty. The Press Council, as a body of the press and for the press, has primarily to ensure that the media refrains from commercial rivalry to regain its glory of pre-independence days as an estate with a mission to bring about a bright future for the country.

Time and again a need has been felt and voiced by many for vesting the Council with sufficient power to enforce its directions. Ever since I have taken over charge I have been urging the inclusion of the electronic media under the Council’s regulatory umbrella. To this effect the Press Council of India has passed a resolution asking the union government to amend the Press Council Act, 1978 by bringing the electronic media within the purview of the Act, renaming it as The Media Council and giving it more powers. All the proposals for amendment have been pending with the government for a long time now and the Council can only hope for an early action in the matter.

I am a votary of the freedom of the press and as such have constituted several Committees to deal with various subjects related to the Press and the journalists ranging from safety of journalists to Election Coverage to name a few. While some of the Committees viz. Gujarat Election Coverage and SEBI/Umaria Report submitted their Reports and the Council took necessary action on them, the other Committees are in the process of investigation of the subjects referred to them.

On the debate in the Supreme Court on framing guidelines for the media, I have said that the Press Council has already drafted guidelines and apprised the apex court that if new guidelines are to be drafted they should be on the lines of existing ones.

vii Further for the first time, the Press Council of India moved the Supreme Court to protect press freedom by challenging an Allahabad High Court order restraining the print and electronic media from reporting on the controversy related to alleged involvement of Army units towards Delhi on January 16, 2012. The Supreme Court of India quashed the Allahabad High Court order, allowed the plea of the Press Council of India and observed that the High Court erred in passing an order as ban on Media was not appropriate and the prayer was only to hold an inquiry into the controversial incident.

To encourage media to pursue its duties following the dictum of freedom with responsibilities the Press Council of India has also begun a new initiative of instituting awards in journalism in different categories to honour journalists from print media every year on the National Press Day – November 16.

For quite sometime an issue has arisen about the need for qualification for entry into the profession of journalism. Since the media is a fully developed field and has an important influence on the lives of the people, the time has now come when some qualification should be prescribed by law. Accordingly, I have constituted a Sub-Committee to consider all aspects of the matter with stakeholders and to submit a report suggesting the qualifications a person should have before he can be allowed to enter the profession of journalism.

The Council, like any other institutions strive for excellence and can grow relentlessly only by continuously diversifying its activities to have its impact on general public for building public opinion. The process may take its own time depending upon several factors but it must go on. Let us hope that with the co- operation of all concerned, the Council will continue to grow and attain a high status in future.

Markandey Katju New Delhi Chairman March 31, 2013 Press Council of India

viii CHAPTER-I General Review

A free and responsible press is as important to parliamentary democracy as is democracy to the maintenance of a free press and rightly it is called the Fourth Estate. It is mirror of all the activities in society and said to be the Voice of People as well.

The tragic developments in Assam and their reverberations in various states particularly in Pune, , Bangalore, Chennai, Hyderabad and other parts of the country have shown that one cannot afford to take social peace and harmony for granted.

In India, the press witnessed heated debate over the judiciary’s role to advice the media on reportage i.e. the issue of framing guidelines for media to report cases in courts.

Delivering its verdict in a milestone case on framing guidelines for media on the reporting of sub-judice criminal cases with a view to protecting the right of the accused to a fair trial, a special constitutional bench of the Supreme Court allowed the media to be partially restrained while reporting judicial proceedings by drawing a “Lakshman Rekha” for what it called balancing the freedom of expression and a fair trial.

But the apex court refused to impose blanket restrictions laying down that guidelines on reporting cannot be framed across the board.

A day after this Delhi High Court judgement a directive by the Union Ministry of Information and Broadcasting has been issued to all TV channels regarding protection of identity of children in need of care and protection and juveniles in conflict with law.

Keeping in mind the brazen manner in which the identity of the two year old battered child who died while fighting for her life at AIIMS and other minors involved in the case revealed by the media the Delhi High Court also tightened norms for media reporting in cases involving children.

In yet another landmark judgement the Supreme Court quashed the Allahabad High Court order preventing media from reporting on the controversy related to alleged Army unit’s movement towards Delhi on January 16, 2012 amid the then prevailing row over erstwhile Army Chief, General V.K. Singh’s date of

1 birth. A bench of Justice H.L. Dattu and Justice C.K. Prasad allowed the plea of PCI which had challenged the order saying that court cannot impose such a ban on media as it violates the freedom of speech.

Days after two young women in Maharashtra were arrested for an innocuous post on Facebook about the bandh like situation in the aftermath of Bal Thakceray’s death, the Central Government considered the possibility of changing the information technology law to ensure that it is not misused or abused. Communications and Information and Technology Minister, Kapil Sibal’s assurance that interactions with stakeholders would be held and if there was consensus, they would write to States/UTs asking them to designate senior police officers without whose clearance arrests under the Information Technology Act cannot be made unless the designated officer decides that the offence requires police action, no action should be initiated. It can be an Inspector General level officer or somebody senior, whose job would be to certify that the particular case is fit enough to be proceeded against under Section 66 A of the Information Technology Act.

The year also saw the suggestion of Parliamentary Committee that a suitable provision be incorporated in the Press and Registration of Books and Publications Bill, 2011 which was referred to it by Parliament to check the menace of paid news. The 31 member Committee chaired by Mr. Rao Inderjeet Singh was of the view that the present Bill being the most comprehensive one relating to Press, the issue of disclosure of details of annual income from advertisements will put a check in place and having the provision of furnishing details of advertisement revenue by the publication would definitely address the menace of paid news to a great extent. The PRB Bill 2011 was being brought since the provisions of PRB Act, 1867, were not adequate to cater to the phenomenal growth of print media sector.

Towards the close of the year another incident which rocked the entire country was the horrific gangrape assault in a moving bus and subsequent death of a 23 year old medical student at a hospital in Singapore. Parliamentarians, Prime Minister, Newsrooms, television networks, newspapers, people, shared the concern as the assault triggered widespread outrage and revulsion across India. The public anger and spontaneous protests found support and resonance not just in the national but in social and foreign media as well. The Indian media, print, broadcast and digital played an influential and effective role in projecting this assault.

2 The Zee Jindal extortion case in which the news network was alleged to have demanded Rs. 100 crore in return for rolling back its campaign against steel tycoon Navin Jindal’s misdemeanours in coal block allocations also became a rallying point for the media in the year under review.

The government worried over the rising practice of surrogate advertising in the country also planned to clamp down on firms indulging in such tactics.

On the global front Lord Justice Leveson, who chaired the Leveson Inquiry, a judicial public inquiry into the culture, practices and ethics of the British press following the News International phone hacking scandal delivered a withering verdict recommending for a new, independent body to replace the existing Press Complaints Commission, which would be recognised by the state through new laws.

The Press Council in discharge of its functions, kept an eye on these and more developments as detailed hereinafter.

Introduction The Press Council of India was set up in the year 1966 on the recommendations of the First Press Commission. In the discharge of its two- fold function of preserving the freedom of press and maintaining and improving standards of press, the Council performs a multifaceted role. On the one hand it acts as a quasi-judicial authority with all the powers of a Civil Court and on the other, in its advisory capacity, it guides the press as well as the authorities on any matter that may have a bearing on the freedom of press and in its preservation. The Press Council is headed by a Chairman who has by convention been a sitting/retired judge of the Supreme Court of India. The Council consists of 28 other members of whom 20 represent the press, five are from the two Houses of the Parliament and three represent the cultural, literary and legal fields and are nominated by Sahitya Academhy, University Grants Commission and the Bar Council of India. The Council is funded by the revenue collected by it from the fee levied on the registered newspapers of the country on the basis of their circulation, the deficit being made good by way of grant by the Central Government. Though to some extent, the Council is dependent on the government for finances, it has remained insulated by any extraneous consideration in discharge of its quasi-judicial functions.

As a quasi-judicial body, the Council is being approached by way of more and more complaints every year. This is not to say that instances of violation

3 of ethics or that of threats to the press freedom are on the increase. In fact, the Council feels that the press as well as powers to be are by and large aced responsibly. The reason for steady increase in the number of complaints being lodged with it is that the Council’s forum is being preferred over courts where the proceedings, by their very nature, are expensive and time consuming. The Council strives to provide quick justice at the doorstep and to this end, it regularly meets in different parts of the country to hear cases from that region.

The complaints received by the Council broadly fall into two categories; complaints by the Press and complaints against the Press. Any person feeling aggrieved about anything done which is likely to impair or interfere with the independence of the Press may approach the Council. Similarly, anybody aggrieved by any publication or non-publication in any newspaper or journal may lodge a complaint with the Council for breach of the recognized canons of journalistic ethics and taste. The Council is empowered to make observations in respect of the conduct of any authority including Government, if it considers it necessary, for the performance of its functions under the Act. On the other hand, if it finds that a newspaper or a news agency has offended against the standards of journalistic ethics or public taste or that an editor or a working journalist has committed any professional misconduct, it can warn, admonish or censure the newspaper, the news agency, the editor or the journalist or disapprove the conduct of the editor or the journalist. Thus, the Council has a lot of moral authority. Its decisions are final and cannot be questioned in any court of law. The decisions of the Council have generally been honoured and accepted by the media and the authorities alike.

One of the unique features of the Press Council of India is that it has been set up under an Act of Parliament while parallel institutions or similar bodies in most countries of the world are mostly voluntary organizations and it is the only body to inquire into cases pertaining to interference with the press freedom. Notwithstanding the facts that a substantial part of its funds is augmented by grants- in-aid from the Government, it has full functional autonomy and independence from government control in the discharge of its statutory responsibilities.

Working of the Council (April 1, 2012 – March 31, 2013) Meetings of Council and its Committees The full Council held four sittings during the reviewed year to discuss matters having vital bearing on press freedom and its standards.

4 Pursuant to Section 8(1) of the Press Council Act, 1978, the Council for the purpose of performing its functions under the Act, constitutes from among its members, Committees for general and specific purpose from time to time keeping in view the requirements of the tasks assigned.

Generally all Committees i.e. Standing Committees and ad-hoc Committees are headed by the Chairman of the Council. The Committees of the Council especially the Inquiry Committees, bear large quantum of work load. The composition of the two Inquiry Committees of the Council in the year under review is detailed below:-

Inquiry Committee (I) Inquiry Committee (II) 1. Shri K.S. Sachidananda Murthy 1 Sharvan Kumar Garg 2. Shri Arvind S. Tengse 2. Shri Bishambhar Newar 3. Shri Kosuri Amarnath 3. Shri Uppala Lakshman 4. Dr. R. Lakshmipathy 4. Shri Anil Agrawal 5. Shri Milan Kumar Dey 5. Shri Gurinder Singh 6. Shri Harin Pathak, MP 6. Shri Neeraj Bajpai 7. Shri Jagjit Singh Dardi 7. Shri Sanjay Dina Patil, MP 8. Shri Rajeev Ranjan Nag 8. Shri Sheetla Singh 9. Shri Sanjay Gupta 9. Shri Sondeep Shankar 10. Shri Vijay Kumar Chopra 10 Shri Arun Kumar 11. Shri A. Krishna Murthy 11. Shri V.K. Chopra 12. Kumari Meenakshi Natrajan, MP* 12. Shri Kalyan Barooah 13. Shri Rajiv Shukla, MP (R.S.) 13. Shri Rajeev Sabade 14. Shri Ramchander Rao N** 14. Shri Prakash Javadekar, MP

* Resigned on 23.1.2012 ** Nominated vide Gazette Notification dated 11.10.2012 vice Shri Milan Kumar Dey

The Inquiry Committees, presided over by the Chairman of the Council shouldered the major quantum of the workload of the Council by initiating inquiries in respect of the complaints received by the Council. The Committees held eight sittings in different parts of the country in the year under review. The proceedings of the Committees were open to the general public. The parties to the cases were allowed to substantiate their stand through relevant evidence, oral or documentary by themselves/authorised representatives/Advocates. The Inquiry Committees at the close of their respective inquiries, considered the records and

5 oral submissions advanced by the parties and submitted their recommendations, with regard to the cases inquired into, to the Council for final decision. In the eight meetings held during the financial year, the Committees considered a total of 189 matters and made recommendations to the Council for final adjudication of the said matters.

The important Sub-Committees and Fact Finding Teams which functioned during the period under review were: Sub-Committee to examine the issue of Safety of Journalists – Sub-Committee to examine the threats and problems of small and medium newspapers – Committee on RNI functioning – Title allocation system- Formation of District Accreditation Committee of PCI for Goa – Sub-Committee to examine the issue on “Private Treaties by Media Companies” – Sub-Committee to consider draft Cabinet Note on “Indecent Representation of Women (Prohibition) Amendment Bill, 2011”- Comments regarding – One member Committee to enquire the matter regarding communal violence in Faizabad, unprofessional reportage by the media in Faizabad and attack on a bilingual Hindi- publication “Aap Ki Taaqat”- Four member Election Coverage Monitoring Committee (ECMC) set up to check the menace of paid news during assembly election in Gujarat - Fact Finding Team w.r.t. murder of Shri Chandrika Rai and three members of his family on 17.2.2012 – Fact Finding Team to go into all aspects of the complaints of violation of freedom of press in Bihar – Fact Finding Team to look into the incident of attack on Ms. Tonggam Rina, Associate Editor, Arunachal Times on 15.7.2012 at Itanagar. Fact Finding Team to inquire into the attack on Shri Dinesh Choudhary, Reporter, Dainik – While some Committees had presented the reports as recorded hereinafter, the assigned matters are under examination of others.

Reports of the Council

• Reference from the Securities and Exchange Board of India (SEBI) regarding “Private Treaties by Media Companies”. Report of the three

6 member Sub-Committee was adopted by the Council on August 27, 2012. Text of the report has been covered in Chapter –IV of this report.

• Report of the Fact Finding Team set up to investigate the murder of Shri Chandrika Rai and his three family members on 17.2.2012 in Umaria District of Madhya Pradesh adopted by the Council on August 27, 2012. The report has been reproduced in Chapter – V of this report.

• On receipt of reports of paid news during the ongoing Himachal Pradesh State Assembly elections a four member Election Coverage Monitoring Committee (ECMC) was set up for thorough investigation of coverage to scrutinize incidents of paid news or any violation of press freedom in connection with Gujarat Elections – The report of the Sub-Committee was adopted by the Council on February 18, 2013 and has been covered in Chapter - VI of this report.

Suo-motu cognizance of the incidents of violation against media persons and threats to press freedom was undertaken by the Press Council of India in the following cases: Suo-motu cognizance with regard to the attack on building at Mumbai. The matter has been treated as closed upon assurance given by the Chief Minister of Maharashtra.

Advisory Function In its advisory capacity the Council provided the Government and other authorities with its views on variety of issues. Some of the important ones are as follows:

Communication from Prof. K.V. Thomas, MoS, Consumer Affairs, Food & Public Distribution regarding sensational report of incidents of assault on public dignitaries by the media – Reference from Ministry of Information & Broadcasting The Council in its meeting held on 27.8.2012 considered the letter of Prof. K.V. Thomas, MoS, Consumer Affairs, Food and Public Distribution, Government of India, New Delhi regarding sensational reporting of incidents of assault on public dignitaries by the media print/electronic and noted that since the matter primarily relates to electronic media it is outside the domain of the Council. It however, reiterated its commitment against any kind of pre-censorship and Government of India was informed about it on 7.11.2012.

7 Guidelines for Protection of Child Rights drawn up on the directions of Hon’ble Delhi High Court On the directions of the Hon’ble High Court of Delhi to draw up the Guidelines for the Protection of Child Rights, a Committee of NCCW comprising of Shri Neeraj Bajpai, Member,Press Council nominee formulated the guidelines and submitted to the Council in its meeting held on 27.8.2012 at New Delhi, the Council adopted the Guidelines framed on the issue and decided to upload the same on the website for the benefit of the society. The guidelines have been covered in this report at Annexure-E.

Communication from Directorate of Information & Publicity, Government of Puducherry regarding proposal to implement medical insurance and granting financial assistance towards purchase of laptop/desktop computer to media persons The Directorate of Information and Publicity, Government of Puducherry vide communication dated 31.5.2012 sought the advice of the Council about implementation of two schemes (1) Extending Medical Insurance to the family of the Accredited Media persons of the Union Territory and (2) Granting financial assistance to the Media persons of the Union Territory to the extent of Rs. 15,000/- towards purchase of Laptop/Desktop computer as to whether these are in compliance under the professional code of ethics for the journalists. The Government of Puducherry was informed that having noted that the government proposed to facilitate purchase of Laptop/Desktop computer by the media persons in view of the special nature of the service being rendered by the Media persons to the society. The Council opined that while the scheme may per se be implemented, it needs to be ensured that the benefit is extended uniformly following defined criteria without any elements of discretion vested in the implementing authority.

Reference from Rajya Sabha Secretariat regarding complete ban on astrology advertisements/programmes/views in the print and electronic media The MIB vide its letter dated 4.7.2012 forwarded a copy of the Rajya Sabha Secretariat’s OM dated 18.6.2012 along with a copy of the petition of Shri Gurudas Chakravarty, Kolkata regarding complete ban on astrology related advertisements/programmes/views in the print and electronic media describing its ill-effects requesting for framing a suitable law in the matter.

8 The Council informed the Ministry of I&B on 19.7.2012 that while it has already framed norms on the issue it felt that while promoting rational, progressive and scientific temper amongst the public, it was necessary to accommodate different points of view in a democracy. Further it did not support any move to place any curb on selection of material for publication in a newspaper and recommended that the decision in the matter, having regard to the laws and guidelines already in place, should be left to the wisdom of an editor.

Communication received from Shri S.B. Shashank, Drugs Controller, Drugs Control Department, Government of NCT of Delhi regarding enforcement of Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954 and Rules framed thereunder Shri S.B. Shashank, Drugs Controller, Drugs Control Department, Govt. of NCT of Delhi, Delhi vide his letter dated 23.8.2012 while forwarding a copy of the Drugs & Magic Remedies (Objectionable Advertisements) Act, 1954 stated that it is noticed that several persons/firms are giving advertisement in the electronic media/print media about certain drugs/articles/machines whose usage, as per their claims, would lead to the cure/treatment of such disease, disorder or condition. He has alleged that these advertisements are often published with a view to mislead the general public at large. According to him, taking part in the publication of such advertisements, which includes printing of advertisements also, is a cognizable offence under the provisions of Section 9A of the Drugs & Magic Remedies (Objectionable Advertisements) Act, 1954 and would attract initiation of criminal proceedings against such persons/firms by way of Prosecution in the Court of Law. He has requested the Council to bring this to the knowledge of the concerned electronic media/print media and concerned persons/firms not to allow such advertisements for being telecast/ printed in their channels/newspapers etc. which are in contravention of the different provisions of the said Act or Rules.

The Council on 25.9.2012 informed him that enjoying statutory authority it is sensitive on the issue, and has already prepared guideline i.e. Norm 36(ii)&(iv) of Norms of Journalistic Conduct-2010 edition on the issue as per Section 13(1) (b) of the Press Council Act, 1978. So far as enforcement of Drugs & Magic Remedies (Objectionable Advertisements) Act, 1954 is concerned, the Drugs Controller is the appropriate authority. The Council further advised him that he may launch an awareness campaign on the provisions of the Act.

9 Private Member Bill on the Prohibition of publication or telecast of vulgar, obscene and surrogate advertisements and remix songs by Print and Electronic Media Bill, 2012 by Dr. Mahendra Singh P. Chauhan, MP – Reference from MIB The MIB vide its letter dated 4.12.2012 forwarded a Lok Sabha Secretariat’s letter dated 8.11.2012 along with copy of Notice dated 7.11.2012 from Dr. Mahendra Singh P. Chauhan, MP giving notice of his intention to move for leave to introduce the Bill on The Prohibition of Publication or Telecast of Vulgar, Obscene and Surrogate Advertisement and Re-mix Songs by Print and Electronic Media Bill, 2012.

The matter was considered by the Council in its meeting held on 21.12.12 at Bhopal. While deliberating upon the issue of prohibition on telecast of vulgar, obscene and surrogate advertisement and remix songs by print and electronic media there was a general agreement that advertising should be in a good taste, there is no need for one more law to regulate advertisements which are offensive. Recalling its response on the Govt.’s proposal to amend the law relating to obscene representation of women, the Council noted that Health Ministry has placed a mechanism to regulate surrogate advertisements and the Information & Broadcasting Ministry has made it mandatory for television channels to adhere to the Broadcasting Code which deals with the same subject. The Department of Consumer Affairs has launched an awareness campaign through different medium and misleading advertisement and the Council too has elaborate guidelines for print media. In addition to these the Council was of the view that there are self-regulatory codes of various media representative organizations like News Broadcasters Association, Editors Guild of India and Advertising Standards Council of India. The Council noted that there are serious differences of opinion in the society, as to what is obscene vis-a-vis good art. After careful consideration of the Bill, the Council was of the opinion that the punishment proposed in the Bill is very harsh and the MIB was intimated about it on 21.2.2013. While society is in a transformative phase what is needed is rather awareness building on advertising and good taste.

Communication received from Shri Anil K. Ganeriwala, Jt. Secretary, M/o Health and Family Welfare, Department of Ayurveda, Yoga and Naturopathy Unani, Siddha & Homeopathy (Ayush), New Delhi- Reference from MIB The MIB vide its letter dated 2.1.2013 while forwarding a copy of the communication dated 26.11.2012 of Shri Anil Ganeriwala, Joint Secretary, Ministry of Health & Family Welfare, Department of Ayurveda, Yoga &

10 Naturopathy Unani, Siddha and Homoeopathy (Ayush), New Delhi regarding objectionable advertisements has sought comments in the matter.

Shri Ganeriwala has stated that a number of Ayurveda, Siddha, Unani and Homeopathic medicines are being advertised in electronic and print media for cure of various diseases like Arthritis, Obesity, Sexual disorders, improvement of size of breast, for increase of height, Diabetes, Epilepsy, Cancer, High or Low blood pressure etc. He has informed that the Department related Parliamentary Standing Committee on AYUSH has taken cognizance of this issue and made the following recommendation:-

“The Committee observes that the enforcement of provisions of Drugs and Magic Remedies (Objectionable Advertisements) Act leaves much to be desired. The Committee is therefore of the view that the effectiveness of the said Act needs to be looked into closely. The Committee also observes that the Department should not feel satisfied by merely issuing directions to the State Governments and instead acquaint itself with the progress made towards implementation of the directions so issued. The Committee also notes that regulation of content of advertisements aired over the electronic and published in the print media falls within the exclusive domain of MIB and the Department of AYUSH and the concerned state governments should also approach that Ministry for curtailing such misleading advertisement. The Committee would, therefore, advise the Department to bring instances of misleading advertisements concerning AYUSH over TV and Radio and in print media to the notice of MIB for necessary remedial action”.

While referring Drugs & Magic Remedies (Objectionable Advertisements) Act, 1954, Shri Ganeriwala has stated that objectionable advertisements in contravention of the provisions of Drugs and Magic Remedies Act have to be discouraged for public safety as well as for preventing wrong commercial exploitation of health products. He has requested the MIB and its sub-ordinate organizations to take corrective measures in preventing the inappropriate advertisements made for ASU&H drugs in electronic and print media.

The PCI informed the MIB on 30.1.2013 and Shri Ganeriwala that the PCI enjoying statutory authority for the print media is sensitive on the issue and has already prepared guideline i.e. No.36 of Norms of Journalistic Conduct-2010 edition on the issue as per Section 13(1)(b) of the Press Council Act, 1978. These, however, carry onlyethical backing in view of the absence of any enforcement powers with the Council.

11 Examination of the Press & Registration of Books & Publication Bill, 2011 by Parliamentary Standing Committee on Information Technology The Director (IT&D), Lok Sabha Secretariat (Standing Committee on Information Technology Branch), New Delhi vide letter dated 24.7.2012 stated that the Parliamentary Standing Committee on Information Technology is examining “The Press and Registration of Books and Publications Bill, 2011” as referred by Hon’ble Speaker for examination and report to the House. The Director has further stated that the Committee have decided to have consultations with the Representatives of Press Council of India with a view to elicit their views/suggestions on the provisions made in the aforesaid Bill.

The Council interacted with the Parliamentary Standing Committee on Information Technology through its Chairman, Hon’ble Mr. Justice Markandey Katju to discuss and give its opinion on the amended proposal to the PRB Act.

The Hon’ble Chairman addressed a DO letter to INS on 1.8.2012 for consulting the issue as well as all the Notified Association (except INS and EGI) for their comments on the issue. Finally it informed the Lok Sabha Secretariat on 10.10.2012 that its submission already on record to be treated as final.

Complaints before the Council During the year under review, a total of 1051 complaints were instituted in the Council. Of these 175 complaints were by the Press against authorities of the Government for violation of press freedom and 876 complaints were directed against the press for breach of journalistic ethics. With 816 matters pending from the last year, there were a total of 1867 matters for disposal by the Council. Of these 997 matters were disposed of during the year, either by way of adjudication or through summary disposal by the Chairman on account of settlement by the mediation of the Chairman or due to lack of sufficient grounds for holding inquiries or non-pursuance, (withdrawal) or on account of matters having become sub-judice including one matter which was directly considered by the Council. In all 870 matters were being processed at the close of the year. A detailed statement of the institution and disposal of complaints is at Annexure-A.

In the course of these adjudications the Council has developed several guiding principles towards building up the code of conduct for the media. Similar guiding principles have been drawn for the benefit of the authorities dealing with the press and can be seen in Annexure I and J.

12 Press & Registration Appellate Board Section 8C of the Press & Registration of Books Act, 1867 entrusts to the Press Council of India, the Appellate Jurisdiction over the Magisterial Orders of non-authentication of a Declaration under Section 6 or its subsequent cancellation under Section 8B of the said Act. The Board consists of a Chairman and another member to be nominated by the Press Council of India from among its members.

At the beginning of the period under review 12 appeals along with a review petition were pending before the Board and four more appeals were preferred. The Board held two sittings during the year. Out of these 16 appeals, nine appeals and one review petition were disposed of. Seven appeals are pending for consideration before the Appellate Board.

Transparency Mechanism The Secretary of the Press Council of India is the Chief Vigilance Officer of the office. The vigilance set up of the Council, consisting of Deputy Secretary, Under Secretary and Section Officer (Admn.) functioned under the direct supervision of the Secretary (CVO) and Chairman of the Council. It conducted regular and surprise checks to prevent/combat any corruption practices in the Secretariat.

The grievance redressal mechanism is in place at the internal and external level with Secretary, Press Council of India as Director of Grievances. The staff related grievances are attended to by Deputy Secretary as the Staff Grievance Officer of the Council.

The Citizen’s Charter of the Council containing all the necessary details of the organization is available on the official website of the Council. Timely reviews/internal and external evaluation shall be undertaken by the Council for feedback in the level of satisfaction among citizen’s/client’s.

Promotion of Official Language The Council paid particular attention to the propagation of Hindi in its official use. All of its staff members, already notified under Section 10(4) of the Official Language Rules, 1976 (as amended, 1987) are encouraged to work in Hindi. Regular meetings of the Council’s Official Language implementation Committee were conducted during every quarter. Quarterly Workshops relating to official language were organized for the benefit of its employees.

13 To emphasise the use of Hindi, Hindi fortnight (Pakhwada) was observed in the Secretariat of the Council from 14.9.2012 to 28.9.2012. The main function of Hindi Diwas was held on September 18, 2012. Hon’ble Chairman of Press Council of India and other senior officers of the Council delivered their messages and expressed their views to promote use of Hindi in the Council. On this occasion, employees of the Council got prizes and certificates for their valuable contribution in Hindi noting and drafting under Hindi Protsahan Yojana.

The adjudications and other pronouncements of the Council were recorded in bilingual form and brought in public domain.

Right to Information Act The Right to Information Act, 2005 came into existence on the 15th June, 2005 to provide for setting practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority. Accordingly, under the provisions of the Act, the Press Council of India has nominated branch incharges of its Sections as Public Information Officer and their Section Officers as Assistant Public Information Officers.

The Council received 154 applications under RTI Act, 2005 and 148 Applications were disposed off during the period under review.

Interaction with World Press Bodies The Council also initiated a process of consultation and dialogue with press/media Councils and similar bodies in different parts of the world for active encouragement to preservation of the press freedom and promotion of its standards and ethics worldwide. Interaction included visits of Hon’ble Chairman to Paris, France from May 28, 2012 to June 3, 2012 and Tanzania to attend the WAPC Executive Council meet from September 3-7, 2012. The Council also received a delegation of Editors/Senior Journalists from seven Latin American countries on April 17, 2012 and another delegation from Myanmar on June 29, 2012.

Seminars and Workshops In its efforts to encourage debates on media matters, the Council organized/ participated in discussions in various parts of the country.

National Press Day, 2012 The National Press Day, this year with discussions centered around “Freedom of the Media” was inaugurated by Mr. Justice M.N. Venkatachaliah,

14 Former Chief Justice of India. Hon’ble Minister of State (I/C) for Information and Broadcasting, Mr. Manish Tewari and H.E. Mr. Michael Steiner, Ambassador of the Federal Republic of Germany graced the occasion as Guests of Honour. As a special acknowledgment of the role of the media the Council as the only statutory authority enjoying the mandate to encourage the media to pursue its duties following the dictum of “freedom with responsibility” has instituted National Awards for Excellence in Journalism to honour journalists/photojournalists excelling in print journalism in various fields on the occasion.

The National Awards for Excellence in Journalism 2012 were conferred by Hon’ble Mr. Justice M.N. Venkatachaliah and Hon’ble Mr. Manish Tewari, Minister of State (I/C) for Information and Broadcasting on November 16, 2012 on the occasion of National Press Day and were chosen by a jury comprising of Mr. Justice Markandey Katju, Chairman, Press Council of India, Dr. S.Y. Quraishi, Former Chief Election Commissioner of India, S/Shri Harsh Mander, IAS, Social Activist and Writer, Vinod Sharma, Political Editor, The Times, S.M. Ashraf, a noted Urdu Scholar, Anis Azmi, Secretary of Delhi Urdu Academy and Members of the Press Council of India i.e. Neeraj Bajpai, UNI, Sondeep Shankar, Photo-journalist, Shravan Garg, Nai Duniya, K.S.S. Murthy, , Raajeev Sabade, UGC, Kalyan Barooaah, Assam Tribune, Arun Kumar, The Times of India, Patna.

Whereas no entry could qualify for the top honour, Raja Ram Mohan Roy Award, Damayanti Datta of India Today, New Delhi and Priyanka Dubey of , New Delhi were given Certificate of Excellence for Investigative Journalism in this category. R. Samban of , Thrivananthapuram was chosen for the main award for Rural Journalism, Rajesh Parshuram Joshte of , Ratnagiri bagged the top honour Stree Shakti Award while Razia Begum of The Echo of India, Port Blair South Andaman go the Certificate of Excellence. They had been recognized for creating awareness on women related issues in the face of adversities and difficulties. The Award for photojournalism was presented to three persons :- Biplab Banerjee of , New Delhi, Lattur Rathinam Shankar of The Times of India, Chennai and Partha Paul of , Kolkata. They had been selected for the honour for single news picture category for photographs remarkable for mirroring poignant scenes and harsh realities of life. Kamal Kishor, photo-journalist, PTI, New Delhi bagged Certificate of Excellence for his photograph of farmers at work. In photo feature category, Sanjoy Ghosh of , Kolkata was selected for his photo-story on the capital of the Northern Province of Sri Lanka, Jaffna reflecting the positivity since

15 the end of Civil War in 2009. Zishaan Akbar Latif, freelancer, Mumbai chosen for Certificate of Excellence for his photo-story capturing moments from the life of a lonely old person. Hasan Kamaal, a well known senior Urdu Journalist was selected for Excellence in Urdu Journalism.

The stalwarts of Indian print media like Mr. B.G. Verghese, Mr. Nihal Singh and Mr. Shravan Garg addressed the distinguished gathering comprising of jurists, veteran journalists and academicians in the deliberation session.

To mark the occasion a Souvenir carrying articles on the subject was released. The states also commemorated the day in befitting manner.

Change in Membership During the reviewed year Shri Ramchander Rao N., Advocate, Member, Bar Council of India was nominated as member of the Press Council of India vice Shri Milan Kumar Dey for the remaining 11th term vide Gazette Notification dated October 11, 2012 (Annexure - B )

Order dated 14.9.2012 of the Supreme Court of India banning the Media from reporting on Troop Movements Hon’ble High Court of Judicature at Allahabad, Bench in a Writ Petition No. 2685/2012 (PIL-Civil) filed by Dr. Nutan Thakur, a Social Activist and Journalist from Lucknow on the basis of a news article dated 4.4.2012 published in ‘The Indian Express’ captioned: ‘The January night Raisina Hill was spooked: Two key Army units moved towards Delhi without notifying Govt.’ pronounced its Order dated 10.4.2012 banning the media from reporting on troop movement. The Hon’ble High Court directed the Government of India as well as the State Government of Uttar Pradesh to ensure that there is no reporting/release of any news item by the Print as well as Electronic Media relating to the subject matter, namely, the movement of troops, with immediate effect.

The Council challenged the order of Allahabad High Court in the Supreme Court of India.

The Supreme Court of India quashed the Allahabad High Court order preventing media from reporting on the controversy related to alleged Army units’ movement towards Delhi on 16 January amid the then prevailing row over erstwhile Army Chief, Shri V.K. Singh’s date of birth. A Bench of Justices H.L. Dattu and C.K. Prasad allowed the plea of the Press Council of India which had

16 challenged the order saying that court cannot impose such a ban on media as it violates the freedom of speech. The Bench observed that the High Court erred in imposing such an order as ban on Media was not sought and the prayer was only to hold an inquiry into the controversial incident. (Annexure-D)

Other Matters Considered by the Council Gazette Notification dated 15.6.2011 notifying names of 27 members for 11th term of the Council The instant matter has time and again been placed before the Council ever since the Gazette Notification in June 2011for discussion withholding the notification of one name under Section 5(3)(b) of the Press Council Act, 1978 in the category of owners and managers of small newspapers.

The Council in its meeting held on December 21, 2012 noted that it had considered the matter on several occasions in the past from which no deviation appeared necessary and therefore finally authorized Hon’ble Chairman to appoint a Committee of members to assist him in deciding the issue.

Challenging the categorization of newspapers by Directorate of Advertisement and Visual Publicity (DAVP). The Council discussed the ambiguities in the DAVP policy under examination of its Committee on Problems of Small and Medium Newspapers as evinced from the letter dated 31.1.2012 of Director General, DAVP, New Delhi that reads:

“Taking into consideration such complaints, DAVP takes several steps to ensure equitable distribution of advertisements and to check any disproportionate flow of advertisements to any newspaper. As part of this endeavour, DAVP has been following internal guidelines framed from time to time. In order to ensure that similarly placed newspapers in a place of publication get equitable advertisements, DAVP is presently experimenting with a web based ceiling system for similarly placed newspapers. For this, daily newspapers have been divided into A,B,C,D and E categories as per the print area of the newspaper. This ceiling system only ensures that in a town similarly placed newspapers receive equitable number of advertisements. It is not a policy violation but a transparent response to the complaints about the distribution of advertisements. DAVP is evaluating the outcome of this experiment and based on the response from the publishers and officers, the system would be fine-tund.”

17 The Council passed the following Resolution:

“Small and Medium Newspapers which comprise ninety per cent of newspapers all over India, right from village and district to small State, are not getting their adequate share of Government advertisement. The matter has been taken up many times but no decision is taken. It is time the Government vitalized its resources for the benefit of the small Press. The DAVP Policy for distribution of advertisements which was framed in 2007 as well as state advertisement policies should be reviewed and quota of advertisement to Small and Medium newspapers should be increased.” The Council decided that if the internal guidelines not conforming the policy, are not withdrawn, the Council could challenge this before the court.

More Powers to Press Council of India ____ Amendment in Press Council Act – raised by Shri Rajeev Sabade, Member, Press Council of India Shri Rajeev Sabade, Member in the Council meeting held on August 27, 2012 mentioned that for the Press Council to be effective it was necessary to give it more authority and jurisdiction. The Council in its meeting held on August 27, 2012 passed a resolution for empowerment of the Council and authorized Hon’ble Chairman to pursue the matter. Based on the authority given to him by the Council, Hon’ble Chairman drew up the resolution the next day in the presence of some of the members of the Inquiry Committee after its sitting and released it to the press. A member has since disputed that the Council has resolved to reiterate the proposal for empowerment. The said resolution dated August 28, 2012 is reproduced herein below: Resolved that the Government of India be requested to initiate suitable legislation to amend the Press Council Act, 1978, by (i) bringing the electronic media (both broadcast and social media) within the purview of the Press Council Act, and renaming it as The Media Council, and (ii) giving more powers to the Press Council (to be renamed as The Media Council). The Press Council was of the opinion that it is absolutely necessary now to do so in the prevailing circumstances of the country, for the following reasons:- (1) When the Press Council Act was enacted, there was no electronic media, and hence there was no need for any legislation for regulating the electronic media. Subsequently, the electronic media has come into existence. Journalistic ethics apply not only to the print media but also to the electronic

18 media, and hence there is no reason why electronic media be not regulated by a statutory body, when the print media is regulated.

(2) Experience has shown that the claim of the broadcast media for self- regulation is futile and meaningless, because self-regulation is an oxymoron. All social activity has to be regulated. Regulation is different from control. In control, there is no freedom, while in regulation, there is freedom but it is subject to reasonable restrictions in the public interest. The Press Council is in favour of regulation and not control, and this regulation should be by an independent statutory authority like the Press Council of India and not the government. The Press Council presently has 28 members (apart from the Chairman), of which, 20 are representatives of the Press. These 20 members are not appointed by the government but elected by press bodies. All important decisions are taken by majority vote. If the electronic media is also brought under the Press Council (to be named The Media Council), the electronic media will also have their representatives in the Council.

(3) In recent times, experience has shown that the unregulated electronic media is playing havoc with the lives of the people. An example is what happened to the people of North-East.

Hence, the Press Council resolved that now the time has come when there should not be any dilly-dallying in the matter by the Government, and the amendments to the Press Council Act, as proposed above, should be made forthwith.

Qualification for Entry into the Profession of Journalism Hon’ble Chairman, Press Council of India, Mr. Justice Markandey Katju, having noted that for quite some time an issue has arisen about the need for a qualification for entry into the profession of journalism, has constituted a Sub-Committee comprising of Shri Shravan Garg, Member of the Council and Convenor, with S/Shri Rajeev Sabade, Rajiv Ranjan Nag, Gurinder Singh, Members of the Council and Sunit Tandon, DG, IIMC and Dr. Ujjwala Barve, Associate Professor, Department of Journalism, University of Pune as members to consider all aspects of the matter. This issue is under active consideration of the Committee and the Committee has invited views of the stakeholders on the subject and intend to have workshops in specific regions to have view point of all stake-holders .

19 Framing Guidelines for Reporting of news concerning welfare of persons with disabilities-reg. The Council in its meeting held on December 21, 2012 considered the matter relating to Framing of Guidelines for reporting of news concerning welfare of persons with disabilities. The Council accepted the opinion of Shri K. S. S. Murthy, Member, Press Council of India that already organizations like the Ministry of Social Justice and Empowerment, Rehabilitation Council of India, UNICEF are doing sensitization programmes and many media professionals have taken personal interest in the issue. The media has to be sensitive to the needs of all sections of society, but there cannot be guidelines for each and every section of society. The Council allowed the issue to rest with this.

Press Note issued by Hon’ble Chairman, Press Council of India regarding non- issuance of Advertisement to Newspapers by Central/State Governments The Council took on record the Press Note issued by Hon’ble Chairman, Press Council of India conveying his observation/direction to the government authorities. Reproduced herein below is the said Press Note dated February 4, 2013.

PRESS NOTE I have been receiving several complaints from several newspapers/journals that the advertisements which were being issued to them by the Central/State Governments or Statutory bodies/Public Sector Undertakings have suddenly been stopped or drastically reduced without issuing show cause notice and without assigning any reason. Sometimes, this is done because of the newspapers/journals publishing material critical of a government or some of its Ministers/Officials.

In my opinion in a democracy the people, including the Press, have a right to criticize the government, and this is a part of the freedom of the speech under Article 19 (1)(a) of the Constitution of India. Governments, Ministers and Officials must develop tolerance and must have the strength to stand up to criticism. Stopping advertisements or drastically reducing them merely because a critical article has been published, is totally undemocratic and shows pettiness of mind, and is totally unacceptable in a democracy. Revenue from advertisements is the main financial resource of a newspaper/journal, and hence such action can do great harm to it and thus violate press freedom. The Press Council of India will not any further tolerate this kind of behaviour on the part of any government, its Ministers or Officials, and shall take suitable legal action in the matter.

20 In my opinion, once it has been decided to give advertisements to a newspaper/ journal, stopping or reducing it thereafter without giving it an opportunity of hearing amounts to violation of the principle of legitimate expectation and natural justice, and thus violation of Article 14 of the Constitution.

I therefore, direct all Central/State governments including Ministers or Officials and Statutory bodies/Public Sector Undertakings that if it is proposed to stop the advertisements of some newspapers/journals or curtail them, then a prior show cause notice must be issued to that newspaper/journals mentioning the charges against it and giving it opportunity of hearing. Thereafter a reasoned order must be passed giving the reasons of such decision, and this must be communicated to the concerned newspaper/journal.

In addition to the above, in the case of advertisements, by the Central Government, Clause 18 of the New Advertisement Policy of the DAVP of 2007 shall followed in letter and spirit.

Introduction of Assistantship Programme for fresh graduate/Diploma Holder/Student of Journalism As a part of the Council’s mandate of including good journalistic practices/ ethics the Council approved the proposal of Hon’ble Chairman of providing threshold the assistantship of fresh graduate/students of journalism one for every member of the Council and two for the Chairman for a period of one year (may extend to six months with the concurrence of Hon’ble Chairman) on monthly stipend. It further decided that the modalities of the scheme may be drawn up by the Secretariat and may be put into operation w.e.f. 1st July, 2013 after due budget allocation in discussion with the Ministry of Information and Broadcasting.

Promotion of e-governance – Timely uploading of Adjudications/Reports of the Council on the website for wider reach in lieu of Compendium of Adjudications, PCI Review and Press Parishad Samiksha The Council approved the proposal that as a mandate of e-governance in the office of the Press Council of India it may upload all its activities and adjudications on the website which is being redesigned. Further the publication of ‘Compendium of Adjudications’, ‘PCI Review’ and ‘Press Parishad Samiksha’ be suspended for a period of two years to assess the impact of the decision.

Accreditation Rules of West Bengal Shri Bishambhar Newar, Hon’ble Member informed the Council that the Govt. of West Bengal issued a Notification that all the Government offices and

21 Libraries shall purchase a particular newspaper in Bengali, English and Hindi for promoting the newspapers. He further informed that the Accreditation Rules framed by the Government of West Bengal are not at par with the rules framed by the PCI. The Council in its meeting held on 27.3.2012 at Lucknow had expressed its displeasure over it. However, Hon’ble Chairman apprised the Members that he had sent a letter to the Chief Minister of West Bengal pointing out the reservation over the issue of Accreditation Committee. Reply of Government of West Bengal in the matter is awaited.

TRAI Reg. – issues relating to Media Ownership Shri Prakash Javadekar, Member brought to the notice of the Council in its meeting held on February 18, 2013 that the TRAI has issued a consultation paper on February 15, 2013 on issues relating to Media Ownership particularly the broadcasting companies owning television channels venturing into distributions of segments i.e. cable TV, DTH etc. leading to vertical integration in the broadcasting sector.

The Council while seeking views of members decided to defer the matter for next meeting.

Regarding sitting fee to the Members of the Press Council of India Shri Arvind S. Tengse, Member, Press Council of India in the Council meeting held on August 27, 2012 raised the issue of sitting fee payable to the members and stated that the outstation members are not paid adequately as compared to Delhi based members and thus there was disparity in giving sitting fee. The Council decided that all the members be given equal sitting fee of Rs. 1000/- per day and local members be reimbursed their actual travel cost. This should be taken up with the appropriate authority.

Amendment to Press Council Act, 1978 – A reference from Ministry of Information and Broadcasting regarding NSCS Task Force on National Security System In its meeting held on December 21, 2012 Council considered the letter dated 17.8.2012 from the Ministry of Information and Broadcasting by which they have forwarded a copy of the extract of the recommendations of the Task Force on National Security System pertaining to Ministry of Information and Broadcasting as below:

22 4.126(a) Government may consider strengthening the self-regulation process of media in the Press Council Act of 1978 by amending it to cover the electronic media as well.

4.127.1.1 The Government may also consider another amendment to Press Council Act through which the Press Council may approach the High Court for issue of writ a Mandamus in the event of a media house refusing to comply with, or accept, a decision of the Press Council.

The Council deliberated upon the matter and was of the opinion that regarding the reply (Point 4.126.a), proposal is already with the government. For the reply (Point 4.127), Hon’ble Chairman suggested that the regulation is different from control. The regulation must not be done by the Government or Chairman. Media should be governed by the members of the Media Council. The Council did not accept the proposal seeking compliance of decision of the Press Council through the Courts of Law.

The Council also voiced its resolution about the proposal on Para 4.56 recorded below as being a value judgement.

Para 4.56

a) Proactive attempts to highlight the ill effects of militancy on livelihood and development, showing how the militants are in fact perpetuating backwardness, are necessary. b) Ministries of Home Affairs and I&B may develop a strategy to incentivize the mainstream media for special reporting and coverage of North East events and issues in a more balanced way. c) The special publicity mechanism recommended in the MHA should take necessary steps for countering negative propaganda in the North- East as also for projecting a positive image of the people from North- East living in the rest of the country particularly in metropolitan cities.

Reference from National Union of Journalists and Delhi Journalists Association regarding free press and protection of working journalists and establishment of Media Council etc. The Council in its meeting held on 12.12.2012 discussed the reference from NUJ/DUJ regarding free press and protection of working journalists and

23 establishment of Media Council etc. and noted that it had made concrete proposals to the Government of India for strengthening the Press Council of India.

The Council stressed that amendment to the Press Council Act is necessary to empower and expand the jurisdiction of the Press Council of India. The Council decided that the matter be discussed with Hon’ble Minister for Information and Broadcasting inviting him to an interaction with the full Council. The other issues, wage board was beyond Council’s jurisdiction.

Amendment of the Press Council (Delegation of Financial Powers) Regulation, 1983 The Council has amended the Press Council (Delegation of Financial Powers) Amendment Regulations 2012 notified on November 1, 2012 (Annexure - C ) to amend the provisions made in 1983 and bring them in accordance with the delegation notified by the Government from time to time.

State of the Press – India – Research Project For the year 2011-2012 the Council decided that the project to review State of the Press 2008-2012 be assigned to UGC nominee on the Council, Shri Rajeev Sabade, who is also Director of Centre for Media and Publications, YASHADA. The report prepared by Centre under guidance of Shri Sabade has circulated to the members in the meeting held on February 18, 2013 and is likely to be finalized in the coming year.

State of the Press–India Given below are collection of reports that cover important developments in the World of the Indian press during the year under review.

The Goa Government has banned “nagging” reporters from the State Secretariat building complex when Cabinet meetings are in session. Speaking to reporters at the State Secretariat on April 11, 2012 Parrikar said that the ban on journalists from State Secretariat premises had been taken via a formal Government decision because he “did not like being nagged”.

“I do not like being nagged when I am going into the Cabinet (meeting). The order stands because it is a Government decision. There is nothing wrong with it,” Parrikar said.

Parrikar’s move to ban reporters from the Secretariat has been termedas “condemnable” by the President of the Goa Union of Journalists (GUJ) President,

24 Pandurang Gaonkar. “This is a wrong move. It is unfortunate because Parrikar projects himself as a transparent Chief Minister. What is there to hide in Cabinet meetings that journalists are being banned from even the premises they are held in?” Gaonkar said. (, New Delhi dated April 12, 2012)

Incidents of Attacks Newspaper establishments in insurgency – afflicted Manipur resemble war offices, with heavily armed police guarding them. In addition to the State forces, the managements have engaged on a permanent basis private security men to guard the main gates and the offices. Editors and high profile journalists are avoiding public appearances and almost all of them have changed their mobile numbers clandestinely. They talk over telephone only when the caller’s identity is established. These precautions have become necessary since the death threat is palpable. In Manipur, five editors and two other journalists were shot dead and many others survived bullet injuries; a few escaped assassination attempts. (, New Delhi dated August 22, 2012) Journalists, especially Moffasil reporters who are considered the “foot soldiers” of journalism, have become constant targets of attacks in Bihar.

According to a report of Bihar Working Journalist Union (BWJU), over the past few weeks, around a dozen journalists have been bashed up, tortured or allegedly implicated in false cases by the NDA government headed by Chief Minister Nitish Kumar. However, what is more shocking is that the scribes have also come under the firing lines of the Maoists for writing stories against them and exposing their “shady deals”, inviting strong condemnation from various journalist bodies.

In a latest incident, a journalist from a local vernacular daily Mr. Upendra Chaurasia who had gone to cover the violence the Maoists had resorted to on February 22, 2013 was mercilessly thrashed by Maoists at Kachanpur village near Deo police station in Aurangabad district.

According to reports, the Maoists also held hostage another journalist from a local Hindi daily who, too had gone to cover the violence and allowed him to flee well after operation was over.

BWJU General Secretary and member of the Press Council Arun Kumar appealed to Maoists’ Central Committee leadership to take up the matter seriously and made his position clear, adding their “lawless acts” had not gone well with the masses.

25 These are not isolated incidents in the state. Recently, during a tour of Jamui district the BWJU team was informed about how local police administration had been harassing local journalists for writing stories on Maoists. The team members also found at least six journalists having been implicated in cases of railway dacoities in Jhajha town while in Aurangabad district, a journalist had a treason case lodged against him by police who branded him a “Maoist”.

The team said despite the government assuring on the floors of the State Assembly to withdraw all these charges against the journalists, nothing has been done so far.

The BWJU report further states that the bureau chief of a local Hindi daily was nabbed and badly assaulted by a senior police official in Khagaria district. The lone crime of the scribe, according to the BWJU report, was that he was shooting pictures of protests against the Chief Minister. In the same district, another journalist was tortured and was asked to reveal his source after he carried a report on corruption in development schemes. (, New Delhi dated March 27, 2013) Kanpur based award - winning political cartoonist and anti-corruption and internet freedom crusader Aseem Trivedi was arrested on charges of sedition, cybercrime and insulting the national flag, Parliament and the Constitution through his work.

Former judges, lawyers and civil rights activists criticised the police for the development, in particular the custodial duration. (Information compiled from various clippings) The News Broadcasting Standards Authority (NBSA) has imposed a fine of Rs. 1 lakh and asked two TV channels-- CNN IBN and IBN7-- to apologize for airing “biased, tendentious and factually incorrect” reports on the Government flouting laws to allot land to the Rajiv Gandhi Charitable Trust (RGCT).

“The reportage is an example of sensationalization with the purpose of promoting and improving the image of channels, which is unethical journalism,” the order said. The NBSA has asked both channels that carried the story on August 1 and August 5, 2011, to telecast an apology.

In a “censure” for wilful violation of the NBSA code of ethics and broadcasting standards, the broadcaster has also been asked to pay a fine of Rs 1

26 lakh within a week. NBSA is a redressal authority set up by news broadcasters as a form of industry regulator.

The story aired by the Hindi and English channels belonging to the TV18 Network, had alleged that the trust had acquired 850 acres of land in Haryana and had sought exemptions regarding this. It has also alleged that there were 65 petitions filed by farmers in the Punjab and Haryana High Court against the trust.

NBSA Chairman Justice J.S. Verma (retired) said in his order that the trust had leased 5 acres and 3 marlas of land from the gram panchayat for 33 years to establish a charitable eye hospital. The order also said that no exemption had been sought by the trust and there was only one petition, not 65, against the trust and it was not about any illegal acquisition of land.

The NBSA also found that not enough effort had been made by the channels to include the trust’s version of the story. “The broadcaster committed egregious violation of the NBA Code of Ethics & Broadcasting Standards, especially guidelines relating to accuracy, impartiality, neutrality, requirement of due diligence and verification of facts prior to telecast, as also the need to carry version of the person affected,” the order said.

It found the reportage smacking of “clear bias and lack of objectivity”. In this context, the NBSA observed that a broadcast has to be judged on the basis of the overall impression, perception and impact that the viewer gets on plain viewing of the broadcast. (The Times of India, New Delhi dated December 23, 2012) The government is considering giving more teeth to the Press Council of India, granting it powers to suspend the accreditation of an editor or a journalist, order suspension of registration of a publication and stop government advertisements for specified periods.

I&B Minister Manish Tewari said the government is considering amendments to the Press Council of India Act, 1978 to ensure it is made “stringent” and “more effective” so that” “it could be concurrent and adaptable to the times”.

The plan is to amend Section 14 of the Act that gives the print media watchdog powers to warn, admonish or censure a publication, editor or a journalist if it after an inquiry finds a publication has “offended against the standards of

27 journalistic ethics or public taste” and the editor or journalist has committed any “professional misconduct”. On the award of two censures under this section… within a period of six months, the Council may ask the authorities concerned to suspend government-funded advertisement to the newspaper and in case of an editor or a journalist, suspend the accreditation of such editor or journalist for a period not exceeding three months,” Tewari said revealing the nature of powers that the PCI could get.

“If on more than two such instances of non-compliance with the directions issued under this Section within a period of one year, the PCI may direct authorities for suspension of registration of newspapers up to a fortnight, “he told the Rajya Sabha in response to a private member’s resolution moved by TDP member Y.S. Chowdary seeking formation of an independent and empowered regulatory capable of taking action against erring media”.

The move comes against the backdrop of repeated demands by PCI Chairman Justice Markandey Katju to give more powers to the Council and expand its ambit by bringing the electronic and social media under it. He wants the expanded body to be rechristened The Media Council.

Tewari, however, said there was a need for build consensus before giving such powers to the Press Council. (The Indian Express, New Delhi dated March 16, 2013) Media Round Up Justice (retd.) S.S. Sodhi, a distinguished legal luminary, public servant, author and former Chief Justice of Allahabad High Court, has succeeded Mr. R.S. Talwar, IAS (retd.), as president of trust following a unanimous decision by the Board of Trustees. Mr. Talwar will continue to be a Trustee of The Tribune Trust. (The Tribune, Chandigarh dated April 2, 2012) The publisher of Daily Jagran, Jagran Prakashan Limited being largely circulated newspaper, all over the country, has taken over the Suvy Info Management (Indore) Private Limited. Suvy Info is an holding company of Nai Dunia Media Limited, publisher of Nai Dunia newspaper from Madhya Pradesh and Chhattisgarh. (Dainik Jagran, New Delhi dated April 3, 2012) Prizes for prestigious Matrishree award was announced on April 23, 2012. The highest honour was bestowed upon Senior Photo Journalist Dhruv Kumar of Dainik Jagran. This time, the film ‘Pan Singh Tomar’ depicting the life of player,

28 who turned dacoit from a racer, has been declared a best film. Besides Dhruv Kumar of Dainik Jagran, Shiv Pradhan of PTI, Netrapal Sharma of Bhaskar, Kamlesh Kumar of UNI, Suresh Tewari of Univarta, KP Mohan of English Daily Hindu, Ehtasmul Hussain of ETV for Punjab Kesari, Prashant Asthana of Navbharat Times, Nishant Raghav of Dainik Hindustan, Rashmi Sharma of , Naeem Javed of Rashtrsiya Sahara, Balram Singh of , Vandana Sharma of Sandhya Veer Arjun and Ashok Aggarwal for social service have been selected for the prizes. (Dainik Jagran, New Delhi dated April 24, 2012)

Vinay Kumar of The Hindu has been elected President and Rajeev Ranjan Nag of News24 General Secretary of the Press Association, an organisation of PIB- accredited journalists. The elections were held on June 30.

Swaraj Thapa of Indian Express has been elected Vice-President while Annapoorna Jha of The Pioneer is the new Joint Secretary. Rajkishore Tiwari of Dainik Jagran is the new treasurer.

A five-member Executive Committee – Afzal Imam (Navbharat), Arvind K Sharma (), C.K. Nayak (Shillong Times), Ira Jha (freelancer) and Manan Kumar (DNA) – was also elected. (The Hindu, New Delhi dated July 3, 2012) The bilingual compact size newspaper I Next of Jagran Publications Limited won World Young Reader Newspaper of the year 2012 award presented by World Association of Newspapers and News Publishers (WANIFRA). The top award in public service category was also presented to I Next for its campaign of Bhari Basta Abhiyan. There are more than 18,000 publications of VANIFRA in 120 countries and have more than 15,000 Associations of website. (Dainik Jagran, New Delhi dated July 11, 2012) This year, the Prem Bhatia Awards for excellence in journalism on politics and environment were presented to P.R. Ramesh, national political editor of , and Shalini Singh, principal correspondent of . (The Tribune, New Delhi dated August 12, 2012) The International Committee of the Red Cross and Press Institute of India have awarded four Indian journalists for their articles on humanitarian issues. The first prize of the All India Journalist Competition on humanitarian issue of Rs. 50,000 was presented to Rohini Mohan of The Caravan magazine, at a function held on October 12, 2012. Ramachandreddy Patil of The Week bagged

29 the second prize of Rs. 30,000 while the third prize of 20,000 was shared jointly by The Times of India’s Supriya Sharma and The Statesman’s Soma Basu. (The Hindu, New Delhi dated October 15, 2012) The News Broadcasting Standards Authority (NBSA) has been reconstituted with former Chief Justice of India, Justice J S Verma (Retd) as its chairperson for another term.

The body represents private television news and current affairs broadcasters and is an organisation funded entirely by its members.

It has 22 leading news and current affairs broadcasters (comprising 41 news and current affairs channels) as its members.

The four members representing the eminent persons category in the authority with effect from 2nd October are Nitin Desai, economist and former Under Secretary General of United Nations, Dipankar Gupta, former professor of sociology, Jawaharlal Nehru University, ChokilaIyer, former Foreign Secretary, and S Y Quraishi, former Chief Election Commissioner of India.

The four representing the broadcasters are Rahul Kanwal, managing editor, Headlines Today, Vivek Law, editor, Bloomberg TV India, Anjum, managing editor, News 24 and Johny Lukose, Director News, Manorama News. (The Sunday Statesman, New Delhi dated October 21, 2012)

Veteran journalist M.J. Akbar has quit India Today after a stint of around two years with October 31 as his last day at the magazine. He will, however, continue to edit , the weekly newspaper he launched in February, 2010. (The Indian Express, New Delhi dated October 30, 2012)

Amar Ujala, the fourth largest Hindi daily in terms of readership is set to get a strategic partner. One of India’s largest regional media groups will acquire an 18 percent stake in Amar Ujala Publications Ltd. (AUPL), the company that publishes the newspaper, it is learnt.

Amar Ujala has been in the news for the past two years, ever since private private equity firm DE Shaw, which had picked up an 18 percent stake in AUPL in 2006 for Rs. 117 crore, sought an exit and a return of around 25% on its investment. (The Indian Express, New Delhi dated November 7, 2012)

The Hindu has been awarded membership of the International Newspaper Colour Quality Club (INCQC), a coveted global recognition for print quality, for 2012 through 2014.

30 This recognition took into account the performance standards of the printing facility in Coimbatore of Kasturi & Sons Limited, the company that owns The Hindu, among other publications. The company, which has printing units in multiple centres, has one of its largest such facilities in Coimbatore, with a high- speed, double-width press.

In the tenth INCQC, 192 newspapers participated across four categories. The Hindu’s entry, in Category 1 (for oldest offset), successfully complied with the stringent standards. WAN-IFRA, the World Association of Newspapers and News Publishers, announced this during the World Publishing Expo 2012 in Frankfurt recently, and handed over the documents to representatives of the company. (The Hindu, New Delhi dated November 18, 2012)

Shri Kunal, Bureau Chief of Rashtriya Sahara was awarded with Star Uday Award for his investigative journalism by Uday Samajik Sanskritik Manch in LTG Conference Hall. (Rashtriya Sahara, New Delhi dated November 27, 2012)

The Indian Express has won the gold medal at the WAN-IFRA Asian Digital Media Awards, 2012 in ‘The Best in Social Media’ category. The awards ceremony was held in Kuala Lumpur on November 28, 2012. The award was received by Anant Goenka, Head- New Media, The Indian Express.

NDTV Ltd., Singapore Press Holdings Ltd. and Star Publications (Malaysia) Bhd were awarded the silver medals in the ‘Social Media’ category with P.T. Riau Media Grafika winning bronze. ‘Social Media’ was the most heavily contested category, WAN-IFRA officials said.

Singapore Press Holdings Ltd. Got the gold for ‘Newspaper Website’ and ‘Mobile Media’ categories, Star Publications (Malaysia) Bhd got gold for ‘Çross Media Advertising’, South China Morning Post Publishers Ltd. For Ónline Video’ and ‘Magazine Website’ and NDTV Ltd. for “Tablet Publishing”. (The Indian Express, New Delhi dated November 29, 2012)

Santosh Tewari is the new Editor of the , the daily Hindi newspaper published by The Tribune Group of Newspapers, from today. He has taken over from Naresh Kaushal who has been Editor since 2006. Tewari comes with rich experience in Hindi print and TV journalism having worked in various editorial capacities for 35 years in news, features and TV news programming. (The Tribune, New Delhi dated January 1, 2013)

31 On January 4, 2013 senior journalist and President of Outlook, Sh. Vinod Mehta was awarded with Lokmanya Tilak Patrakarita Puraskar. (Jansatta, New Delhi dated January 6, 2013) The International Press Institute (IPI) – India award for excellence in journalism 2012 was awarded to the English daily The Tribune on February 21, 2012 for its outstanding journalistic work done in 2011”. An investigation by the daily’s Prabhjot Singh that exposed “the loot of Punjab’s public transport by politicians and bureaucrats” was selected for the award. (The Hindu, New Delhi dated February 22, 2013)

Sh. Subhash Paul, Photo Editor, Rashtriya Sahara won Three Awards in State level Photo competition organized by Information and Public Relations Department of Govt. of NCT of Delhi. The Awards were conferred by Mrs. Sheila Dixit, C.M. of Govt. of NCT of Delhi on February 25, 2013. (Rashtriya Sahara, New Delhi dated February 26, 2013) Alka Dhupkar, a journalist with Marathi-language TV news channel IBN- Lokmat, has won the prestigious Chameli Devi Jain Award for an outstanding woman media person.

Recent winners of the award include Tusha Mittal, Shahina K.K. and Shoma Chaudhary for their work in Tehelka magazine, Monalisa Changkija of Nagaland Page, Nirupama Subramanian of The Hindu, and Vinita Deshmukh of The Weekly Intelligent. (The Hindu, New Delhi dated March 20, 2013) Court Cases Allahabad High Court on 11.4.2012 banned the reporting of “any news item by the print as well as the electronic media” regarding the movement of Army troops. The court held that this is “not a matter of the kind which should require public discussion at the cost of defence official secrecy and the security of the country”.

The court dismissed a PIL filed by social activist and freelance journalist Nutan Thakur seeking a direction to the Prime Minister’s Office (PMO) to conduct an inquiry to ascertain the veracity of the report published in The Indian Express on April 4, and to take action if it was false.

The Indian Express had reported that the movement of two Army units towards Delhi on the night of January 16-17, without notifying the government, triggered alarm in the government.

32 Justice Uma Nath Singh and Justice Virendra Kumar Dixit of the Lucknow bench directed the Union Home Secretary, the Information & Broadcasting Secretary, and the UP Government’s Principal Secretary (Home) to ensure compliance of the court’s order.

The petition had said that if the inquiry found that the report was false, action should be taken against those responsible for the publication of a false report on a sensitive matter dealing with national security. The Indian Express, in a statement, said that it stands by the report.

Thakur argued her case herself; Assistant Solicitor General I.H. Farooqi represented the Union of India.

The bench said it was issuing directions “without interfering with the independence of media and keeping in view the fact that the news items relating to movement of troops has already engaged attention at the highest level in the defence as well as in the government”.

The bench noted that the petitioner had expressed grave concern that reporting on the subject, “if permitted to continue, may seriously interfere with the handling of security matters by the Army, particularly the movements of troops from the strategic point of view in the field as well as peace areas”. (The Indian Express, New Delhi dated April 11, 2012) The Supreme Court raised the issue of misuse of media by business entities to harass rivals and asked whether there were guidelines to guard against publication of news stories to destroy reputation of others. A bench of Chief Justice of India, S.H. Kapadia and Justices, D.K. Jain, S.S. Nijjar, R.P. Desai and J.S. Khehar also asked, “If presumption of innocence is the basis of rule of law and if in a given case the court finds that media has abridged the presumption of innocence, can the courts not take preventive steps?”

“Today if a competitor in business misuses media to harass a rival, what is the preventive mechanism to deal with such a situation? Are we not here to protect the right to life of an accused guaranteeing him dignity and fair trial,” the bench asked senior advocate Anil Divan, who on behalf of the daily ‘The Hindu’, was arguing against any curtailment of right to free speech guaranteed under Article 19(1)(a) of the Constitution.

The bench asked Divan “Can you sit with the Editors and tell us what the mechanism to deal with this problem is?” The counsel said a guideline to deal

33 with aberrations on a case-to-case basis was fine, but not a general guideline if it were coercive or punitive.

Divan said that the right to free speech was not absolute and the Constitution itself had abridged it by providing certain restrictions under Article19(2). “The court could do whatever under its power to protect the right of the accused for a fair trial and prevent prejudice caused to him, but not at the cost of right to free speech which involves an overriding public interest element,” he said.

The counsel agreed that there had been a lot of undesirable things within the media like paid news and packaging of news, but said: “We cannot remove all evils all over the world. We must examine how far we can go. Should it be through a judicial process or is there any other approach?”

But Divan was firm that to promote or enhance Article 21 (right to life), the courts could not abridge Article 19(1)(a). “It is a well settled law that the State has no power to impose restrictions except those permissible under Article19(2),” he said. The arguments would continue. (The Times of India, New Delhi dated April 12, 2012)

The Gujarat High Court on 18.4.2012 quashed five FIRs charging The Times of India, Ahmedabad, with sedition for publishing a series of articles after the appointment of O.P. Mathur as Police Commissioner in May 2008.

The FIRs were lodged by Mathur against the newspaper, its resident editor, the correspondent who wrote the articles and a photographer.

Quashing the FIRs, the court said the reports did not amount to sedition.

Justice Harsha Devani said the reports commented on the “wisdom” of the decision to appoint Mathur as Police Commissioner and were not concerned with the state government. And “the state cannot be identified with an individual”, the judge added.

The court held that the strongly worded criticism and comment on the state government’s decision to appoint Mathur as the Police Commissioner did not fall within the ambit of sedition. (The Indian Express, New Delhi dated April 19, 2012) Courts will now view the revelation of children’s identities by the media while covering criminal cases very strictly.

34 The Delhi High Court tightened norms for media reporting in cases involving children.

The order came keeping in mind the brazen manner in which the identity of the two-year-old battered child, who died while fighting for her life at AIIMS, and other minors involved in the case was revealed by the media.

The court also took serious note of the recent trend of revealing the identity of rape victims and those involved in trafficking and other organised crimes.

Accepting a slew of guidelines submitted by a court-appointed committee, a bench of Acting Chief Justice, A.K. Sikri and Justice R.S. Endlaw ordered its immediate implementation.

“The media must balance its responsibility to protect children from unsuitable content with the right to freedom of expression and the right to know,” the panel said.

“The media shall ensure that a child’s identity is not revealed in any manner, including disclosure of personal information, photograph, school or locality and information of the family including their residential or official address,” it said.

The Committee, comprising Principal Magistrate of the Juvenile Justice Board, a member of National Commission for Protection of Child Rights, representatives of an NGO, and a nominee from the Press Council of India, said that the media should keep in mind children’s privacy, dignity, physical and emotional development while covering any news involving them.

“Due consideration must be given to a child’s right to privacy, and to prevent the child from being exposed to anxiety, distress and social stigma,” the panel said.

The court move came on a PIL filed by lawyer Anant Asthana, who questioned the revelation of the name and details of the minor girl who had brought the two-year-old battered baby to AIIMS and was being probed by the Child Welfare Committee. (The Hindustan Times, New Delhi dated August 9, 2012) The Supreme Court said that it could be easier for filmmakers to obtain Censor Board certificates for the release of their movies if they abstained from depicting cigarettes and alcohol on screen.

35 A Bench of Justices P. Sathasivam and Ranjan Gogoi observed that by showing cigarettes and liquor on screen, filmmakers were not providing viewers with anything necessary. “Why don’t you make films without cigarettes and liquor. You make a film without them and you will get a certificate easily. You are not supplying the viewers with something essential by showing cigarettes and liquor,” said the Bench.

Shooting down an argument by the counsel for filmmaker, Mahesh Bhatt as he complained about not getting a certificate from the Central Board of Film Certification for an unedited release of his movie, Raaz-3, the Bench said: “We could understand if you are showing food or water. We don’t have any problem with that but these (cigarettes and liquor) are not a must.”

The court was hearing an appeal by the Centre against a Delhi High Court ruling, which, on a plea by Bhatt, had set aside a ban on depiction of smoking on screen after calling it a violation of fundamental rights and artistic freedom. While the apex court stayed the operation of the HC order, the Union Health Ministry came out with subsequent notifications, reinforcing the ban. The notification brought a prohibition on print media but failed to state anything about such scenes in electronic media.

V. Shekhar, appearing for the Ministry, informed the court that a comprehensive notification to cover both forms of media had been made after taking into account the views of the Information and Broadcasting Ministry and it now awaited a signature of the Minister concerned. (The Tribune, Chandigarh dated September 5, 2012) The Supreme Court allowed the media to be partially restrained while reporting judicial proceedings by drawing a “Lakshmanrekha” for what it called balancing the freedom of expression and a fair trial.

But the apex court refused to impose blanket restrictions saying guidelines on reporting cannot be framed across the board.

The court laid down the partial line of restraint through the principle of “postponement of publication”, under which an aggrieved party can move High Court or the Supreme Court seeking deferment of publication of sub-judice matter. After going through the content in question and the impact of its publication, the court can pass appropriate orders.

36 However, such “guidelines on reporting cannot be framed across the board”, a five-judge Constitution Bench led by Chief Justice, S.H. Kapadia said in its order.

“What constitutes an offending publication would depend on the decision of the court on a case to case basis... such orders of postponement should be for short duration and without disturbing the content of the publication... it should be applied only in cases of real and substantial risk of prejudice to proper administration of justice or to the fairness of trial,” the bench said.

“A journalist should know this is a Lakshman rekha and if he passes this rekha, there will be a contempt of court. Postponement order will obviate them from possible contempt,” the Chief Justice said.

The order was passed on complaints alleging breach of confidentiality during the hearing of a dispute between the Sahara Group and market regulator SEBI. Certain documents regarding the dispute were leaked to the media.

The bench described the postponement orders as a “neutralising device”, not “punitive” but “preventive”, to be passed by a writ court if any other alternative remedy, such as change of venue or postponement of trial, failed to balance conflicting interests of society’s right to know versus fair administration of justice.

The court said the media was free to challenge the postponement of publication orders in “appropriate proceedings”, adding that the orders were permissible under the inherent powers of the court and constituted reasonable restriction on the fundamental right to freedom of speech and expression.

It also said that postponement orders will protect the media from getting prosecuted or punished for committing contempt.

The contempt of court law was meant not only to punish but also gave the courts power to prevent acts which could interfere, impede or pervert administration of justice, the bench said.

The order of the bench also noted that framing guidelines was undertaken by the court as an exercise of exposition of limitations under the constitutional provisions. (The Indian Express, New Delhi dated September 12, 2012) The Supreme Court quashed the Allahabad High Court order preventing media from reporting on the controversy related to alleged Army units’ movement

37 towards Delhi on 16 January amid the then prevailing row over erstwhile Army Chief, V.K. Singh’s date of birth. A Bench of Justice H.L. Dattu and Justice C.K. Prasad allowed the plea of Press Council of India which had challenged the order saying that court cannot impose such a ban on media as it violates the freedom of speech.

The Bench said the High Court erred in passing such an order as ban on media was not sought and the prayer was only to hold an inquiry into the controversial incident.

“We are of the opinion that the High Court should not have passed the order as the prayer before it was entirely different and it was inconsonance with the prayer made by the petitioner,” the Bench said. The court also took into account its recent Constitution Bench judgment which had said the Press can only be directed to postpone the reporting for a certain period. The HC had on10 April directed the Central and State Governments “to ensure that there is no reporting or release of any news item by the print or electronic media on the movement of troops”. The HC’s order was passed on a PIL which said a national daily and a news magazine had reported on movements of Army units from Agra to Delhi when the V.K. Singh age row controversy was at peak. (The Statesman, New Delhi dated September 15, 2012) The government may have enacted stringent law against advertising tobacco products and even put gory pictures on cigarette packets to deter people from smoking and chewing tobacco, but for seven years a Bombay high court interim order allowed indirect advertisement of cigarettes and tobacco products through hoardings at retail shops.

On a petition by NGO, Health for Millions, the Supreme Court on 3rd January, 2013 stayed the December 19, 2005, interim order of the Bombay HC. A Bench of Justices G.S. Singhvi and Gyan Sudha Misra observed that the interim order appeared to be at the teeth of the law prohibiting all forms of advertisement of tobacco products.

The bench issued notices to the Centre on the NGO’s appeal. It also issued notice to owners of tobacco product manufacturing units which had moved the Bombay HC and got an interim order in their favour. The NGO through counsel Prashant Bhushan said the apex court had consistently refused to grant any interim relief on petitions challenging certain provisions of the Cigarettes and other Tobacco Products (Prohibition of Advertisement ad Regulation of Trade

38 and Commerce, Production, Supply and Distribution) Act, 2003 and the enabling Rules and Regulations.

He said the law and the enabling Rules were beneficial legislations and the HC could not have granted an interim order which amounted to final relief to the tobacco product manufacturers. “India being a signatory to Framework Convention of Tobacco Control, have to impose a comprehensive ban on all advertisements, promotion and sponsorship of tobacco products to reduce tobacco consumption,” the NGO said. (The Times of India, New Delhi dated January 4, 2013) The Delhi High Court on 11th January, 2013 sought replies from the government and Delhi Police on a petition challenging a city court order that prohibits the media from reporting proceedings in the case relating to the gangrape, and torture of a 23-year-old woman who died 13 days after being assaulted on board a bus in South Delhi.

Justice Rajiv Shakdher issued notice after a group of reporters filed a petition alleging that a media advisory issued by police regarding operation of Section 327 of the Cr. PC and the order of the court of Metropolitan Magistrate, Namrata Aggarwal banning media reporting of proceedings in the case were” virtually a gag order” which violate the right to free speech and expression.

The petition, filed on behalf of reporters by advocate Meenakshi Lekhi, stated that the order was “not warranted” since the provision for in camera trial was necessary only to shield the identity of the victim. “Her father has disclosed the identity and name to the foreign media which has been published in newspapers abroad and on social network sites,” the petition stated.

Lekhi told the court that media persons have acted with “responsibility and sensitivity”.

“Even though the name and identity of the victim are in the public domain, no newspaper or channel has published it… There is need to sensitise people on gender issues,” she said.

The High Court asked the police and government to file written replies by February 13.

The court made it clear that the pendency of the petition “would not come in the way of proceedings before the lower court which would have the discretion to decide the manner in which the gangrape case could be heard.”

39 The ban on reporting of the gangrape case, therefore, remains in effect. (The Indian Express, New Delhi dated January 12, 2013) The fast-track court that will try the Delhi gang-rape case has ordered that in-camera proceedings and gag orders restraining the media from publishing any matter relating to the court proceedings, which came into effect on January 9 by a magisterial court order, will continue.

Additional Sessions Judge, Yogesh Khanna will also start hearing arguments from January 24 on a day-to-day basis.

“The trial shall, henceforth, be held by me in camera. All persons unconnected with the case are directed to clear the courtroom and ensure safe passage to the accused persons. It shall not be lawful for any person to publish or print any matter relating to the proceedings of this case except with the prior permission of this court. Such an order is even otherwise, necessary, considering the sensitivity of the matter; to conceal the identity of victim, to ensure safety of the complainant and the accused to ensure a fair trial and also for the smooth functioning of the court”, Mr. Khanna said in his order on January 21, 2013.

An application seeking open-court proceedings in the case found support from advocate V.K. Anand, counsel representing main accused bus driver Ram Singh. Mr. Anand referred to a 1966 Supreme Court judgement, stating that trials should be open to the public and there should be no restraint on reporting court proceedings.

However, the cited judgement allowed closed-door proceedings in “rare and exceptional” cases.

Mr. Khanna referred to the 1983 amendment in the Criminal Procedure Code which introduced provisions for in-camera proceedings in rape case (Sub- Section 327 (2) Cr. PC) and for restraining media from reporting rape cases (Sub- Section 327 (3) Cr. PC ) while stating that courts were “duty bound” to apply the previous of these two sub-sections. (The Hindu, New Delhi dated January 22, 2013) The Delhi High Court on March 22, 2013 allowed the media to cover day- to-day proceedings of the trial in the December 16 gang-rape case which was being heard behind closed doors so far.

Setting aside the order passed by the Additional Sessions Judge heading the fast track court on January 22 restraining the media from covering the trial, Justice

40 Rajiv Shakdher said, “The (trial) court will allow access to one representative journalist of each of the accredited national dailies.”

Allowing the plea of a group of accredited journalists from the High Court, the Judge said, “The reporters of PTI and UNI and other national dailies shall share their stories with the representatives of other newspapers and members of the electronic media.”

The Court, however, asked the media not to disclose the name of the victim or any of her family members, saying, “The reporting shall not disclose the names of the victim or those of the members of the family of the victim or the complainant or witnesses cited in the proceedings.”

“The reportage shall exclude the part of the proceedings which the trial court specifically so directs,” it added.

The High Court also hoped that the media will confine their reporting to the news and not transgress into areas in the trial court’s domain.

It is hoped that reportage will confine itself to the news as it is, and not transgress into areas which are in the domain of the court. There is a thin but a clean and distinct line dividing the two which if respected will augur well for institutional integrity,” the Court observed. (The Hindu, New Delhi dated March 23, 2013) The Supreme Court has held that the Editor of a newspaper is responsible for every news item published in it and he cannot escape liability by putting the blame on the Resident Editor for publication of a defamatory article.

“From the scheme of the Press and Registration of Books (PRB) Act, it is evident that it is the Editor who controls the selection of matter that is published. Further, every copy of the newspaper is required to contain the names of the Owner and the Editor and once the name of the Editor is shown, he shall be held responsible in any civil and criminal proceedings. The presumption would be that he was the person who controlled the selection of the matter that was published. However, we hasten to add that this presumption under Section 7 of the Act is a rebuttable presumption and it would be deemed sufficient evidence unless the contrary is proved,” said a Bench of Justices C.K. Prasad and V. Gopalagowda.

Writing the judgment, Justice Prasad said: “A news item has the potentiality of bringing doomsday for an individual.” As the Editor controlled the selection of

41 the matter, he had to keep a careful eye on the selection. “Blue-pencilling of news articles by anyone other than the Editor is not welcome in a democratic polity. Editors have to take responsibility for everything they publish and to maintain the integrity of published record. It is apt to remind ourselves of the answer of the Editor of The Scotsman, a Scottish newspaper. When asked what it was like to run a national newspaper, the Editor answered, ‘Run a newspaper! I run a country.’ It may be an exaggeration but it does reflect the well-known fact that it can cause far-reaching consequences in an individual and country’s life.”

The Bench said: “Section 7 of the PRB Act raises the presumption in respect of a person who is named the Editor and printed as such on every copy of the newspaper. The Act does not recognise any other legal entity for raising the presumption. Even if the name of the Chief Editor is printed, there is no presumption against him under Section 7.

In the instant case, Gambhirsinh R. Dekare, who was serving as Taluk Mamlatdar and Executive Magistate, filed a case against Falgunbhai Chimanbhai Patel, Editor of Sandesh, a Gujarati newspaper. He alleged that a news item published in the Vadodara edition in September 1999 was defamatory and offending to himself and his family.

‘Indefensible judgment’ The trial court issued summons to the Editor. But Mr. Patel challenged the summons in the Gujarat High Court contending that since the Vadodara edition had a separate Resident Editor, Navinbhai Chauhan, he alone was responsible for publication of the news item and not the Editor, who was stationed in Ahmedabad. The High Court quashed the summons.

Allowing the appeal by Mr. Dekare against this ruling the Supreme Court said, “The impugned judgment of the High Court is indefensible on both facts and law.” However, any observation made by us in this judgment is for the decision in this case. It does not reflect on the merits of the allegation, which obviously is a matter of trial. The impugned judgment of the High Court is set aside and the trial court shall now proceed with the trial in accordance with law,” the Bench said. (The Hindu, New Delhi dated March 27, 2013)

42 World Media in Indian Press USA Philadelphia Enquirer was honoured with the Pulitzer prize for public service. Simultaneously 96th annual Pulitzer prizes were also declared in the Columbia University of New York for sharp edged journalism.

This prize is given in the name of Joseph Pulitzer, an American Publisher of Hungary origin. Pulitzer Prize of explorer reporting was given to Associated Press and Ciatel Times. Pulitzer Prize of breaking news reporting was given to Taskaloosa news staff of Albama of America. This prize has been given to Taskaloosa news staff for a better coverage of a hurricane. David Koshin Vinsky, Reporter of New York Times was also given Pulitzer Prize for descriptive reporting. At the same time, New York Times has also received International Reporting Prize, whereas Patriot News Staff of Panicilvelia was given the prize of local reporting.

National Reporting Prize was given to online publication Hafington Post. This prize has been for presenting in a interesting way the physical and sentimental challenges faced by warriors wounded seriously during the war of a decade between Iraq and Afganistan. The Stranger Weekly of Cietel was the prize of a feature writing. Marry Smick of Chicago of Tribune was given Commentary Pulitzer Prize. Vasely Mories of Boston Globe was given Pulitzer Prize of criticism. Online Media Politics was given the prize for Editorial Cartoon. Marood Hussaini of Agency AFP was given the prize of breaking news photography. He drew a heart moving picture of a girl weeping due to fear following self suicide bomb attack near a shrine. Denvar Post was awarded with Pulitzer Prize for feature photography. Quiara Elgriea Whends was given the prize for “Water by the Spoonful” drama in the art category. ‘George F Cannon of John Luis Gaidis: An American Life was given biography prize. Tracy K Smith was given the prize for poem ‘life on mars’. (Dainik Jagran, New Delhi dated April 18, 2012)

Time magazine and CNN suspended Dareed Zakaria, the writer and television host, on August 10, 2013 after he apologized for plagiarising a New Yorker article in his coloumn on gun control in the August 20 issue of Time. Some passages in Zakaria’s column, “The case for Gun Control”, closely tracked those in an article on guns in America by historian Jill Lepore in the April 23 issue of The New Yorker.

43 The similarities in the texts were spotted by the conservative News Busters, and quickly spread across the Internet after appearing on media blog JimRomenesko.com. Zakaria issued a statement saying : “Media reporters have pointed out that paragraphs in my Time column this week bear close similarities to paragraphs in Jill Lepore’s essay.. They are right. I made a terrible mistake. It is a serious lapse and one that is entirely my fault. I apologise unreservedly to her, to my editors at Time, and to my readers”. His admission is the second instance in less than two weeks of a prominent writer owning up to an ethical lapse. Last week, Jonah Lehrer admitted he fabricated quotes from Bob Dylan for his best-selling book Imagine: How Creativity Works.

Time said it was suspending Zakaria’s column for a month, pending review. “Time accepts Fareed’s apology, but what he did violates our own standards for our columnists, which is that their work must not only be factual but original; their views must not only be their own but their words as well”, said Ali Zelenko, a spokeswoman.

CNN, like Time magazine, is owned by Time Warner. (The Indian Express, New Delhi dated August 12, 2012) News week announced on October 15, 2012 that it would end an 80 year run as a print magazine at the end of the year, taking the venerable publication all- digital to cope with a harsh media environment. “We are transitioning News week, not saying good bye to it”, wrote Tina Brown, Editor-in Chief and founder of the online News week Daily Beast Company, in a statement posted on the Daily Beast website.

“This decision in not about the quality of the brand or the journalism – that is as powerful as ever. It is about the challenging economics of print publishing and distribution”. News week had a fierce decades-long rivalry with Time. Ms. Brown acknowledged the merger of the print edition and the online Daily Beast operations, called “News week Global”, would require layoffs.

She said the all-digital publication “will be a single, worldwide edition targeted for a highly mobile, opinion-leading audience who want to learn about world events in a sophisticated context”.

44 “It will be available on the web and on tablets via a paid subscription, with “select content” available on The Daily Beast website. Like other U.S. magazines and newspapers, News week has been grappling with a steep drop in print advertising revenue, steadily declining circulation and the migration of readers to free news online. (The Hindu, New Delhi dated October 19, 2012) India has dropped nine places to 140 in the list of 179 countries in the 2013 World Press Freedom Index, which its authors, Reporters Without Borders, said was the lowest for the “world’s biggest democracy” since 2002.

“In Asia, India (140th-9) is at its lowest since 2002 because of increasing impunity for violence against journalists and because Internet censorship continues to grow”, Reporters Without Borders said. China (173, + 1), it said, had shown no sign of improving. “Its prisons still hold many journalists and netizens, while increasingly unpopular Internet censorship continues to be a major obstacle to access to information”. As last year, the list is topped by three European countries – Finland, Netherlands and Norway. Turkmenistan, North Korea and Eritrea continue to be at the bottom of the list as has been in the last three years.

“The Press Freedom Index published by Reporters Without Borders does not take direct account of the kind of political system, but it is clear that democracies provide better protection for the freedom to produce and circulate accurate news and information than countries where human rights are flouted”, Reporters Without Borders Secretary-General Christophe Deloire said. (The Hindu, New Delhi dated January 31, 2013) The New York Times Co. said on February 25, 2013 that it was changing the name of the International Herald Tribune (IHT) to the International New York Times, putting an end to a more than 40-year-old brand that served as the hometown paper for Americans living abroad.

The move to re-brand the IHT is not entirely unexpected. The New York Times has stepped up efforts to strengthen its global recognition, and it is in the process of shedding most of its properties, including the Boston Globe.

Its new Chief Executive Mark Thompson, who began his job in November, was tapped by the Times partly for his international news experience as the BBC head.

“We believe there is significant potential to grow the number of New York Times subscribers outside of the United States, Thompson said in statement. The

45 Times Company said on February 25, 2013 its global edition would be launched later this year and that it would be edited from Hong Kong, Paris, London and New York.

“The plan is to re brand all IHT properties as the International New York Times, but we will retain ownership of the IHT name as there may be ways to use it to complement our global brand strategy”, said a company spokeswoman. (The Hindustan Times, New Delhi dated February 27, 2013) Eminent Indian journalist Bobby Ghosh has been named the Editor of Time International. (The Hindu, New Delhi, dated March 17, 2013)

United Kingdom Britain’s media ethics inquiry said on April 19, 2012 it will hear testimony from News Corp, Chairman, Rupert Murdoch and his son James next week, as officers arrested three people in the investigation of corrupt ties between the British police and the press.

The Murdochs have been at the hub of the long-running phone hacking scandal, which has badly tarnished the reputation of the British press.

The Leveson Inquiry said that Rupert Murdoch will appear on April 25, 2012 and possibly on April 26, 2012. His son, James ~ who resigned as Executive Chairman of News Corp.’s UK newspaper subsidiary in February ~ will appear on April 24, 2012 the inquiry said on its website.

Rupert Murdoch shut down the 168-year-old News of the World tabloid in July amid public furore in Britain following revelations journalists routinely hacked into voicemails, including the messages of a murdered school-girl. Since then, his media empire ~ which also includes Sky News and The Sun newspaper~ has been battered by further allegations of journalist misconduct.

James and his father faced a grilling before UK lawmakers. As the scandal wore on, James Murdoch resigned first from News International, then as Chairman of British Sky Broadcasting. (The Statesman, New Delhi dated April 20, 2012)

Duncan Larcombe, royal editor of Rupert Murdoch-owned The Sun, was on April 19, 2012 arrested along with two others in connection with Scotland Yard’s inquiry into alleged illegal payments to public officials by journalists for information.

46 Larcombe, who was The Sun’s defence editor until last year, was reportedly arrested at his home in Kent on suspicion of conspiracy to corrupt and conspiracy to cause misconduct in a public office. He was being questioned at a police station in Kent.

An ex-serviceman, aged 42, and a 38-year-old woman were the other two arrested. The man was held on suspicion of misconduct in a public office and the woman on suspicion of aiding and abetting misconduct in a public office. They were being questioned at a police station in Lancashire. The Management and Standards Committee was set up by Murdoch’s parent company News Corporation in the wake of the phone-hacking scandal that led to the closure of the News of the World last July. (The Pioneer, New Delhi dated April 20, 2012) The Murdoch media in Britain continued to suffer knocks with a new probe being launched on April 23, 2012 into news-gathering practices at Sky News while the father and son duo prepared to appear before the high profile inquiry into the email hacking this week.

Communications regulator Ofcom launched an investigation after Sky News admitted hacking into the email accounts of members of the public for information, adding another level of inquiry into the Murdoch media’s unethical news-gathering practices.

Appearing before the Leveson Inquiry on April 23, 2012 John Ryley, head of news at Sky News, separately admitted that his company broke the law by hacking emails of John Darwin, who faked his own death in a canoe to claim insurance money, and his wife Anne.

Sky News had earlier defended the email hacking by claiming that it was in the public interest and amounted to “responsible journalism”, but the claim was not repeated before the Leveson Inquiry.

Regulator Ofcom’s spokesperson said, Ofcom is investigating the fairness and privacy issues raised by Sky News’ statement that it had accessed without prior authorisation private email accounts during the course of its news investigations. We will make the outcome known in due course.” James Murdoch is scheduled to appear on April 24, 2012 before the Leveson Inquiry. (The Pioneer, New Delhi dated April 24, 2012) Ásian Lite’, a Manchester-based fortnightly focusing on British Asian events and issues, has won the top prize in the newspaper category in the

47 How-Do Awards that celebrate the best in the media industry in the north of England.

The fortnightly, edited by Kerala-origin Anasudhin Azeez, was adjudged the best from a short list of eight journals. The award committee said Ásian Lite’ bucked current trends in declining sales and circulation in publishing and developed innovative solutions to identify new models and revenue streams.

The panel also praised the newspaper’s quality, creativity and producing the contents appropriate to that target audience. (The Tribune, New Delhi dated April 30, 2012) British media ethics inquiry said that Prime Minister, David Cameron will give evidence next week, amid questions over his ties to a number of suspects in the country’s tabloid phone hacking scandal.

The judge-led inquiry, which Cameron set up to examine malpractice in the media and ties between politicians and the press, said it would also take testimony from ex-leaders, Gordon Brown — who had an often troubled relationship with British newspapers — and John Major.

It confirmed it would also take evidence from Deputy Prime Minister, Nick Clegg, Treasury Chief, George Osborne, Scottish leader, Alex Salmond and main opposition Labour Party leader, Ed Miliband, who has been a vocal critic of Rupert Murdoch’s media empire since the phone scandal erupted.

Cameron, who will give evidence in a day-long session on June 7, 2012 next, has been stung by his links to key figures in Murdoch’s British newspaper operations. His former Communications Chief, Andy Coulson has been arrested and charged by police with perjury in a case connected to the scandal, while two of Cameron’s friends have also been charged over alleged attempts to hamper the inquiry into phone hacking.

Ex-News International Chief Executive, Rebekah Brooks and her husband Charlie — a friend of Cameron since their school days — live close to the British leader’s home in southern England. Both face allegations of perverting the course of justice. (, Bangalore dated June 9, 2012) Prime Minister, David Cameron’s ex-media Chief and Rupert Murdoch’s former U.K. newspaper boss are to be charged with phone hacking offences in the most significant development in a scandal that has rocked Britain’s establishment.

48 Prosecutors said that Andy Coulson, Cameron’s Communications Director for four years until 2011, and Rebekah Brooks, who oversaw Murdoch’s News International, would face charges of conspiracy to intercept communications. The alleged offences were committed between 2000 and 2006 when both served as editor of the News of the World, the salacious Sunday tabloid which Murdoch was forced to close a year ago amid public disgust at the phone hacking revelations.

Among the alleged victims were two former Home Secretaries (Interior Ministers), former England soccer manager Sven-Goran Eriksson, Hollywood stars Angelina Jolie and Brad Pitt, former Beatle Paul Mc Cartney and a minor member of the royal family.

Six other senior former News of the World journalists and staff, including the former managing editor, are also to be charged, a formality to be completed by the police. The maximum sentence for the phone-hacking charges is two years in prison and/or a fine.

The development is particularly embarrassing for Cameron because Coulson was also charged with hacking the phones of David Blunkett and Charles Clarke, two former Home Secretaries from the now-opposition Labour Party. (The Tribune, Chandigarh dated July 25, 2012) Mark Thompson, the outgoing head of the British Broadcasting Corp. (BBC), was named Chief Executive of The New York Times Co. on August 14, 2012, a move that underscores the company’s effort to broaden its focus beyond traditional print media and develop new digital products.

Mr. Thompson takes over in November, replacing Janet L. Robinson, who abruptly left the company late last year. Mr. Thompson will be the first CEO hired from outside the Times Co., suggesting a renewed push for change at the publisher, which also owns The Boston Globe and the Worcester Telegram & Gazette.

Mr. Thompson has also spent most of his career in broadcast journalism and will be the first leader of the company to come from a non-print background.

Mr. Thompson takes over during a challenging time for the company, which reported a net loss of $ 88.1 million in the second quarter because of a $ 194.7 million write-down in the value of its online resource company, About.com., and

49 continuing declines in print and digital advertising revenue. (The Hindu, New Delhi dated August 16, 2012)

Rupert Murdoch has defended a decision by The Sun to print pictures of a naked Prince Harry, saying that it was required to demonstrate dangers to press freedom in Britain.

The Chief Executive of News Corporation has used the controversy to call for a US-style law guaranteeing freedom of speech, as Lord Justice Leveson finalises his recommendations on the future regulation of the press. (The Telegraph, Kolkata, dated August 28, 2012) British Sky Broadcasting is a “fit and proper”company to hold an operating license, U.K. regulators said on September 20, 2012 in response to the phone hacking scandal that engulfed the parent company. But it criticised the former CEO and Chairman, James Murdoch, for poor management.

The company’s license was called into question because of the scandal at a newspaper owned by News Corp, which effectively controls BSkyB through a 39 percent share holding.

If the company had not been found “fit and proper” it could have been stripped of the license that yielded a net profit of $1.4 billion in the year ending June 30.

News Corp, also welcomed the regulator’s decision but contended that some statements about James Murdoch were “net substantiated by evidence.”. (The Statesman, New Delhi dated September 21, 2012) Britain’s famously cocky media was all nerves on November 28, 2012 amid feverish speculation that Lord Justice Leveson’s report into Press ethics, due on November 29, 2012, is likely to be heavily critical of its behaviour and recommend some form of statutory regulation to prevent another News of the World-style hacking scandal which led to the setting up of the inquiry. An opinion poll showing that 79 per cent of Britons favoured an “independent Press regulator established by law” and Prime Minister David Cameron’s warning that the status quo was not an option added to the anxiety of already nervous proprietors and editors hoping to be given one more shot at self-regulation.

At present, newspapers are self-regulated through the Press Complaints Commission (PCC) which was heavily criticised for its inept handling of the hacking scandal, prompting questions about its usefulness.

50 Anxious to avoid statutory regulation, the newspaper industry has proposed a stronger and more independent self-regulatory body to replace the PCC with powers to impose heavy fines on erring newspapers.

The government is deeply divided with its junior coalition partner, the Liberal Democrats, opposed to any State intervention. Mr. Cameron’s own MPs and Ministers are all over the place with some in favour of some form of statutory regulation but most against it.

Over 80 MPs, cutting across party lines, wrote to The Guardian, calling on the government to reject statutory regulation which, they said, would amount to “State licensing” of the Press.

“State licensing is inimical to any idea of press freedom and would radically alter the balance of our unwritten constitution,” they said.

Groups, representing victims of press harassment, urged the government not to allow the media to get away with it.

Mr. Cameron, caught up between conflicting pressures, said that while a free Press was “absolutely vital to democracy” it was also important that it was regulated in a way that inspired public confidence.

“What matters most, I believe, is that we end up with an independent regulatory system that can deliver and in which the public have confidence,” he said.

“Whatever the changes we make, we want a robust and free Press in our country,” he added. (The Hindu, New Delhi dated November 29, 2012) On November 29, 2012 Lord Justice Leveson, delivered a withering verdict on the behaviour of British journalists, calling it “reckless” and “outrageous” and recommending a new “genuinely independent” regulatory body “underpinned” by legislation to prevent another News of the World-style hacking scandal. However, he stopped short of calling for statutory regulation – the so-called “nuclear option” that he was widely speculated to be considering.

Groups representing victims of media excesses described Lord Leveson’s proposals as “fair” and “proportionate.”

Lord Leveson accused the media of putting sensationalism above public interest, saying that there was “recklessness in prioritising sensational stories.”

51 By its reckless behaviour, the media had “wreaked havoc on the lives of innocent people” for many decades.

He reminded that his enquiry itself was a reaction to the “public revulsion” over the hacking scandal that included hacking the phone of a dead school-girl. Having failed to regulate itself, there was need for a tough independent regulator to rein it in.

“The press has to be accountable to the public in whose interests it claims to be acting and must show respect for the rights of others…. The answer to the question who guards the guardians, should not be ‘no-one’,” he said.

Lord Leveson’s 2,000-page report, which he described as the “the most concentrated look at the press this country has ever seen,” also made uncomfortable reading for politicians. Politicians of all parties had developed “too close a relationship with the press in a way which has not been in the public interest,” it said. This had “undermined” public confidence.

Lord Leveson said the press had a “right to lobby,” but the process must be “more transparent to avoid perception of bias.” Politicians, on their part, should make policies on the basis of public interest and not be influenced by their personal links with the press.

The new regulatory body, he said, should be “truly independent” of the newspaper industry and the government. It should not include any “serving editor” or politician and be able to provide a fair and quick redress to victims of media excesses.

The enquiry, which was held in public and ran for eight months from November 2011, took evidence from more than 300 witnesses, including politicians, media figures and victims of press harassment. (The Hindu, New Delhi dated November 30, 2012) Prime Minister David Cameron was on December 7, 2012 reported to be considering a BBC- style Royal Charter to create an independent press watchdog in the wake of the Leveson report whose key recommendation – a statutory regulatory mechanism – has been rejected by the government.

A Royal Charter, it is thought, would ensure that the new body is completely independent of the newspaper industry as its terms cannot be altered without the government’s approval. It would also protect the press from government interference – as in the case of the BBC.

52 Royal Charters have been used to establish a number of independent institutions including the Bank of England and various Royal Colleges.

Downing Street said the government was considering “a range of options” to make sure that the public had confidence in a new regulator.

“What we want to achieve is a proper independent regulator which commands the confidence of the public”, said the Prime Minister’s official spokesman commenting on a report in The Daily Telegraph. At a meeting with Editors, Mr. Cameron warned them that the government would be forced to act if they did not come up with a credible alternative to the Leveson proposal. The “clock is ticking away,” he told them.

Within hours, the Editors announced that they had agreed on a broad framework for an independent regulator that would meet 40 of Lord Leveson’s 47 recommendations.

“The editors of all national newspapers met yesterday and unanimously agreed to start putting in place the broad proposals – save the statutory underpinning – for the independent self-regulatory system laid out by Lord Justice Leveson,” they said in a statement after a breakfast meeting described by one Editor as “historic”.

Details of the proposed mechanism were not known but, according to The Guardian whose Editor Alan Rusbridger was among those who attended the high- profile meeting”, “the agreement in principle is to create an independent body, with a chair appointed by a board – a majority of whom are separate from the press”.

“The proposed body will have the power to handle complaints, direct corrections, initiate investigations, levy fines of upto to £1 million and, if the government can play its part, run a cheap libel and privacy tribunal system that takes over the functions of the court,” said the paper.

Victims of media abuses, however, insisted on full implementation of the Leveson report – as did the opposition Labour Party and the Prime Minister’s coalition partners, the Liberal Democrats. (The Hindu, New Delhi dated December 8, 2012) Britain’s Crown Prosecution Service (CPS) on December 19, 2012 unveiled new guidelines for prosecution involving communications sent via social media.

53 Any posts on Twitter, Facebook and other social networking sites will be prosecuted only if they constitute credible threats of violence, harassment or stalking and amount to a breach of a court order

There will be a very high threshold for posts which are merely grossly offensive, indecent, obscene or false.

“These interim guidelines are intended to strike the right balance between freedom of expression and the need to uphold the criminal law,” Director of Public Prosecutions, Kier Starmer said on December 19, 2012.

“They make a clear distinction between communications which amount to credible threats of violence, a targeted campaign of harassment against an individual or which breach court orders on the one hand, and others… (that) are grossly offensive, on the other,” he added.

“The first group will be prosecuted robustly; the second will only be prosecuted if they cross a high threshold; a prosecution is unlikely to be in the public interest if the communication is swiftly removed, blocked, not intended for a wide audience or not obviously beyond what could conceivably be tolerable or acceptable in a diverse society,” the Director of Public Prosecutions explained.

The GPS also made it clear that a prosecution is unlikely to be both necessary and proportionate where the suspect has swiftly taken action to remove the communication or expressed genuine remorse in the particular situation or case. (, Hyderabad dated December 20, 2012) Britain’s three main political parties struck a compromise deal on a new regulatory system for the country’s newspapers in the early hours of March 18, 2013 morning, a MP said, hours before what was to be a divisive parliamentary vote on the issue.

The government came under pressure to put a new regulatory system in place after a judge-led inquiry and a series of arrests laid bare a culture of phone hacking and malpractice in some parts of Britain’s scandal-hungry press.

The deal is expected to see a new press regulator set up, the introduction of fines of up to 1 million Pounds, and an obligation on newspapers to print prominent apologies where appropriate. (Deccan Herald, Bangalore dated March 19, 2013)

54 A day after British lawmakers agreed to ground rules for a new press code, an array of newspapers protested on March 19, 2013 against the attempt to impose stricter curbs on this country’s scoop-driven dailies following the phone-hacking scandal that convulsed Rupert Murdoch’s media empire and much of British public life. In a statement, the newspaper society representing 1,100 newspapers said provisions for fines of up to $ 1.5 million on errant newspapers would impose a “crippling burden” on cash-strapped publications struggling against the inroads of the Internet. “A free press cannot be free if it is dependent on and accountable to a regulatory body recognized by the state, “the president of the society, Adrian Jeakings, said. Indeed, the conservative Daily Mail commented in an editorial, “The bitter irony is this long-drawn out debate comes when the Internet-which, being global, has no regulatory restraints-is driving newspapers out of business. (The Indian Express, New Delhi dated March 20, 2013)

China India might be a democracy but it’s a poor country and its citizens are not emotionally equipped to face rumours spread on the internet, the state-run media said, commenting on the exodus of people from the northeastern states from southern parts of the country.

Compared to India, both the government here and the Chinese people are better in handling misinformation on the internet, the state media said.

In an editorial, Global Times said the exodus of northeastern people from some cities in India was the result of rumours created by “unchecked websites”.

“The scene is familiar to Chinese. What happened in India can help us understand more objectively whether the internet can foment social instability and how it does so,” it said.

“The exodus was a result of public panic that was easily ignited by rumours. It takes more than working with social networking websites to appease agitated public and prevent this from happening again,” it said.

“The unrest in the UK last summer exposed the side effects of these networking sites, prompting the government to ponder blocking internet information flow in times of emergency, a decision that led to an outcry,” it said.

China closely monitors the internet and has banned Facebook, Twitter and You Tube.

55 “Social networking sites were also thought to have played a role in the Arab Spring. A revolution is unlikely to happen in India, which is regarded as the world’s largest democratic country. But the recent disturbance in Assam showed that unrest stirred by rumours is unrelated to a country’s political system. The Indian political system can withstand great uncertainty, but its public sentiment is very fragile when facing an emergency,” it said.

China’s situation is relatively good, it said. “It is hard to imagine rumour scausing an exodus. The government’s reaction and public’s ability to discern false information are much better.” (The Hindustan Times, New Delhi dated August 24, 2012)

Journalists at one of China’s most daring and liberal newspapers on January 7, 2013 went on strike amid a rare public outcry over a move by the Communist Party to censor one of the country’s few remaining independent media voices.

The Guangdong-base The Southern Weekend (Nanfang Zhoumo), a newspaper that has a reputation for hard-hitting and independent journalism- a rarity in China where the Communist Party maintains strict control over most media outlets -has emerged in recent days as the centre of a storm of criticism aimed at propaganda authorities, presenting perhaps the first major test for new General Secretary Xi Jinping.

Journalists, scholars and even well-known actors who rarely venture into sensitive political debates have voiced their anger at moves to clamp down on the paper, after a New Year’s Day editorial was censored by provincial propaganda authorities in southern Guangdong.

The newspaper maintains a tradition of issuing strong editorial ‘greetings’ every New Year. This year’s letter, which called for political reforms and moves to create a Constitutional government, was reportedly replaced by the Provincial Propaganda Chief, Tuo Zhen with a message praising the Communist Party.

The move outraged the newspaper staff and triggered a storm of criticism online, after reporters at the newspaper posted a copy of the original editorial on the popular Chinese Twitter – equivalent Sina Weibo.

Reporters and supporters of the newspaper gathered outside its office in Guangzhou, the provincial capital on January 7, 2013 with some holding placards

56 calling for freedom of the press. While headquartered in Guangzhou, the Nanfong newspaper group has a loyal nationwide following, particularly among liberal and progressive Chinese. (The Hindu, New Delhi dated January 8, 2013) The Communist Party of China (CPC) appears to have defused the rare protest against censorship, triggered by journalists at a daring southern Chinese newspaper.

Reportes said CPC officials had reached a deal with journalists at the Guangdong-based Southern Weekend, after provincial party, Chief Hu Chunhua, a protege of President Hu Jintao -- stepped in to end the row.

Journalists at the newspaper had threatened to go on strike over the weekend and had demanded the sacking of the provincial propaganda chief Tou Zhen, accused of censoring a New Year’s Day editorial.

The newspaper maintains a tradition of issuing strong editorial “greetings”every New Year. This year’s letter, which called for political reforms and moves to create a Constitutional government, was reportedly replaced by Mr. Tuo with a message praising the Communist Party.

The row appeared to spread to another newspaper on January 6, 2013. Reports said Dai Zigeng, the publisher of The Beijing News, a leading newspaper, had threatened to resign after being forced to publish an editorial criticising the Southern Weekend.

Southern Weekend (Nanfang Zhoumo) is known for its brave and independent journalism-- a rarity in the country where the Party maintains strict control over most media outlets.

Reports said the weekly would publish as per schedule, though it remained unclear how the deal had been reached. There was no news on whether Mr. Tuo would continue in his position.

The row was seen as a tricky test for new General Secretary, Xi Jinping, and a possible indicator of his inclinations- if any- for taking forward political reforms. In recent speeches, Mr. Xi has stressed the need for stability and given little evidence of any reformist leanings despite early expectations from liberal Chinese.

While a small gathering of protesters was allowed in front of the newspaper’s office in Guangzhou on January 5 and 6, 2013 the Central government has taken

57 a firm stand to prevent the row from spreading to other newspapers. A directive issued newspapers has barred them from reporting on the goings on in Guangzhou. Newspapers were also told to publish an editorial from the hard line Party-run The Global Times.

Several media outlets have nevertheless, voiced their support for the Southern Weekend through coded messages that evaded the censors. Several web portals on January 4, 2013 while barred from reporting on the news, carried home page headlines that formed “Support The Southern Weekend” when the first word of each headline was read together. (The Hindu, New Delhi, dated January 10, 2013

Propaganda officials remanded publisher Dai Zigeng and editor-in- chief Wang Yuechen that the paper Beijing News heed a government directive to publish an editorial by the nationalist Global Times, denouncing protests against censorship at another paper, the Southern Weekly. But the Beijing News was resisting.

In a country where newspapers usually toe the government line, the defiance by the Beijing News was remarkable. Not since the 1989 Tiananmen Square protests had reporters banded together in such a dramatic way for the cause of press freedom.

The challenge by both the Southern Weekly and the Beijing News highlights a pivotal struggle between media increasingly pushing for independence and a Communist Party government that brooks no dissent to its rule.

Mr. Dai, who had built the Beijing News into a title known for feisty reporting and commentary, told the officials that he might as well resign if the government was forcing the paper to print something against its will. But despite that, in the end, after resisting the government directive for two days, the Beijing News decided it had to obey.

But in an unusual deal hammered out between Dai and the propaganda officials, the Beijing News was able to cut the editorial down to 400 characters, bury it on page 20 and print it under a different headline.

But the deal might just signal the end of the first round of a long struggle rather than a lasting peace.

58 The fate of both the Beijing News and the Southern Weekly, where the dispute was settled with a compromise, will be closely watched as a test of new Communist Party Chief Xi Jinping’s commitment to political reform.

The challenges by the newspapers could set the stage for tighter restrictions. Although no one expects the protests to spread nationwide, the use of social media has amplified support for the press among many people. (The Asian Age, New Delhi dated January 18, 2013)

Myanmar A private news magazine in Myanmar won a rare court victory and will not have to reveal the name of a reporter who wrote about corruption at Government Ministries.

“The Voice” weekly still faces a defamation suit over the article published in March. The initial court ruling means it will be allowed to protect its reporter’s name, lawyer Win Shwe told The Associated Press.

Lawsuits involving the media are a new development in Myanmar and part of an easing of censorship under the reform-minded government that took office last year.

Under the previous military regime, strict media censorship determined what was fit to print and violators faced severe penalties.

Despite the new freedoms, publications still follow their old policy of writing anonymously on sensitive subjects.

In the article published in March, The Voice wrote about misappropriation and irregularities in the accounts of several Ministries including Information, Agriculture, Industry and Mines from 2009-2011. The article cited a report from the Auditor General’s office to the Parliament’s Public Accounts Committee.

The Mines Ministry filed a defamation suit in response to the article and demanded that Editor-in-Chief, Kyaw Min Swe reveal the article’s author. The defamation hearing will continue on June 6.

A weekly publication “The Modern” faced an earlier defamation case over an article that alleged truck drivers had bribed engineers at the Construction Ministry to let them use a certain bridge even though their vehicles exceeded

59 the weight limit. One of the engineers sued the publication, but the two sides settled after the magazine printed a correction. (The Statesman, New Delhi dated May 24, 2012)

A year ago it was forbidden to print an image of Aung San Suu Kyi, leader of the then banned National League for Democracy, in any Myanmar publication. For months, however, portraits of Ms Suu Kyi, now an elected MP, have festooned papers, magazines and T-shirts all over the country. And on August 20th the government officially ended all pre-publication censorship of the media; another landmark in Myanmar’s extraordinary, and at times unfathomable, changes.

Under military dictatorship, Myanmar had among the most tightly controlled media in the world. Prepublication censorship was a pillar of the Orwellian system, carried out by the Press Scrutiny and Registration Department.

The country’s journalists welcome the news, but they also give warning that this by no means ends restrictions on press freedom. These remain numerous and burdensome. In particular, two bits of repressive legislation remain: the Printers and Publishers Registration Act, dating from the start of military rule in 1962, and the 2004 Electronic Transactions Law. Under the first, publications can lose their licences if they supposedly harm the reputation of a government department, threaten peace and security, and much else. Under the second, a person can be imprisoned for up to 15 years for distributing via the internet information that the courts deem harmful to the state. Meanwhile, the censor board itself seems likely to remain in business, ready to punish reporters or editors who overstep the mark.

Some of this may change when parliament passes a new media law later this year. On August 7th the Information Ministry sent the draft law to the President. Its contents are likely to give a better indication of how committed the new government is to press freedom, or whether it in fact intends to maintain a tight grip, as is common in other countries in South-East Asia. On a brighter note, the ministry hinted this week that the new law would allow the establishment of private daily newspapers. Uncensored independent dailies would do much to transform the political climate.

60 For now, though, Myanmar’s journalists will continue to tread cautiously, out of habit and instinct. It is a matter of probing the limits of the new freedoms, knowing that the battle for a free media still has a long way to go. (The Indian Express, New Delhi dated August 27, 2012)

After embracing the Internet age and filing breaking news on Twitter and Facebook, Burma’s long-muzzled reporters are gearing up for another revolution – daily newspapers.

New freedoms have swept through Burma’s press since a reformist regime took power two years ago, but archaic rules meant private titles could only publish once a week.

That is set to change from April 1, when 16 weekly news journals will be allowed to become dailies.

“People are really excited about having daily newspapers. But I’m worried whether their hopes will be met 100 per cent when the papers are in the market,” said Nyein Nyein Naing, editor of 7 Day News, one of Burma’s most popular journals. (The Asian Age, New Delhi dated March 29, 2013)

Bangladesh The war crimes tribunal of Bangladesh has convicted the Editor of the mouthpiece of the fundamentalist Jamaat-e-Islami of contempt.

This is the first conviction of contempt by the International Crimes Tribunal, Bangladesh (ICTB) which is trying those who collaborated with the Pakistan Army during the country’s liberation war in 1971, many of whom belong to the Jamaat.

The tribunal also convicted a district correspondent of the Dainik Sangram along with the Editor and fined them Tk 5,000 each. Their prison terms, however, lasted just a few minutes since the order stated that the two journalists “suffer simple imprisonment till the rising of the court”. Both were given 15 days to pay the fine.

The Bengali daily had recently published a statement of a section of lawyers in the Feni district which the court found “highly contemptuous”. (The Hindu, New Delhi dated April 27, 2012)

61 Egypt Three independent Egyptian newspapers ran white boxes on August 9, 2012 in the space where their editorials are usually found in protest at what they say is a bid by the Muslim Brotherhood to control the media.

“The space is white to protest against attempts by the Brotherhood to impose its control over the press and media belonging to the Egyptian people,” wrote Al-Watan which, along with Al-Masry Al-Youm and Al-Tahrir, did not publish editorials.

The protest came after the Brotherhood-dominated upper house of parliament named new directors and editors-in-chief for state-owned newspapers, many of them nominees close to the Islamists.

This follows the practice under the regime of ousted President Hosni Mubarak, assuring that his now-defunct National Democratic Party would keep a firm grip on who ran the state-owned press.

The journalists’ union has protested against that practice and also against a recent act by Information Minister, Salah Abdel Maqsud, a member of the Brotherhood’s Freedom and Justice Party.

Maqsud had taken issue with the fact that an Israeli commentator was interviewed by telephone on state television. He promised an investigation into how this could have come about and promised that it would not happen again. (The Statesman, New Delhi dated August 11, 2012)

Eleven privately-owned newspapers stopped publication on December 4, 2012 in protest against the limits on freedom of expression in Egypt’s draft constitution, and at least three private television networks said they would not broadcast on December 5, 2012.

The dramatic gesture added to tensions over the new charter just as liberal and secular foes of the Islamist President, Mohammed Morsi, prepare what they call a “final warning” march on the presidential palace to oppose it.

“You are reading this message because Egypt Independent objects to continued restrictions on media liberties, especially after hundreds of Egyptians gave their lives for freedom and dignity,” declared a short statement set against

62 a black background on the website of Egypt Independent, the English-language sister publication of the largest independent daily, Al Masry Al Youm.

The one-day blackout was the sharpest strike yet in a new push by liberal and secular groups to defeat the draft charter. (The Indian Express, New Delhi dated December 5, 2012)

Netherlands A photo of Gazans taking two children and their father, killed in an Israeli air strike, for burial has won the 2013 World Press Photo award for Swedish Photographer, Paul Hansen, Judges said on February 15, 2013.

The staff shooter for the Dagens Nyheter daily took the image of the funeral procession carrying two-year-old Suhaib Hijazi and her three-year-old brother Muhammad down an alley in Gaza City on November 20, 2012.

“The strength of the pictures lies in the way it contrasts the anger and sorrow of the adults with the innocence of the children”, said Mayu Mohanna, jury member from Peru, adding, “It’s a picture I will not forget”. The children’s father Fouad was also killed in the air strike and their mother was in Intensive Care Unit.

AFP Photographers, Fabio Bucciarelli from Italy and Javier Manzano from the US won second and third prize in the Spot News category respectively with a series of photographs taken in Syria’s battle – scarred Aleppo. (Deccan Chronicle, Hyderabad dated February 16, 2013)

Australia An Australian court on April 3, 2012 found Google Inc. guilty of breaching trade law by hosting misleading or deceptive advertisements in a ruling that holds search engines responsible for their advertisers’ content.

Three federal court judges unanimously overturned a lower court’s ruling from September last year that Google was not responsible for advertisers’ breaches of Australia’s Trade Practices Act.

The appeal court ruled that Google had engaged in misleading or deceptive conduct with four ads that appeared on its Google Australia website.

63 The advertisers used the names of competitors as keywords to trigger their own ads appearing.

The court ruled this was likely to mislead people searching for information about those competitors. Google’s “Ad Words” system posts small text-only advertisements next to search results based on search keywords selected by the advertisers.

The section of the law that Google breached does not impose a fine.

But the court ordered Google to make changes to prevent future breaches and to pay court costs to the Australian Competition and Consumer Commission, which appealed the September ruling.

Google said it was disappointed by the decision and considering its options, which include a high court appeal.

“Google Ad Words is an ads hosting platform and we believe that advertisers should be responsible for the ads they create on the Ad Words platform,” Google said in a statement.

ACCC Chairman, Rod Sims said he had appealed the original ruling because it raised important issues about the role of search engine providers as publishers of paid content.

“This is an important outcome because it makes it clear that Google and other search engine providers which use similar technology to Google will be directly accountable for misleading or deceptive paid search results,” Sims said in a statement. (The Asian Age, New Delhi dated April 4, 2012)

Justice Brian Leveson, who led the inquiry into Britain’s phone-hacking scandal, said on December 7, 2012, the Internet’s growth had complicated debate about mass media privacy, with no easy solution.

Justice Leveson, who in November called for an independent media regulator in Britain, told a privacy symposium in Sydney that there was “an element of mob rule” in identifying people online, and said it was a difficult area to the police.

64 “To name and shame people by broadcasting their behaviour (online), there is a danger of real harm being done, and in some cases harm which is both permanent and disproportionate,” he said. “ There is not only danger of trial by Twitter, but also of an unending punishment, and no prospect of rehabilitation, via Google.”.

Justice Leveson said too many people were unaware that images and data uploaded online could be stored forever.

“Children and the young do not appreciate that uploading a compromising photograph for a laugh can have consequences for the long-term future,” he said. “Because once the photograph is in the public domain, it can be found, copied and reproduced, all, again, at the click of the mouse.”

The role of the Internet and the social media in Australia has come under the microscope of the government, but Communications Minister, Stephen Conroy has admitted it is difficult to do much about United States companies operating under US law. (The Asian Age, New Delhi dated December 8, 2012 

65 CHAPTER-II Adjudications in Complaints Regarding Threats to Press Freedom

Section 13 of the Press Council Act, 1978 sets out the basic objects of the Press Council of India. The Council under the provisions of the Act is required not only to maintain and improve upon the high standards of journalistic ethics, but also to keep under review any development likely to impede the free functioning of the press. The Council thus makes such observations in the context of the functioning of the press as it may think fit, in any of its decisions or reports, covering the conduct of any authority, including government. It is in exercise of this power that the Council considers and pronounces on complaints filed against the authorities. The adjudications detailed in this chapter cover the observations of the Council in fulfilment of its objects.

During the period under review the Council received 175 complaints, charging the governmental or other authorities with attempts at abridging the free functioning of the print media. Besides 144 matters were pending consideration from the previous year. Of the 319 matters requiring the Council’s attention, 35 were disposed of by way of adjudication, while 124 were rejected at the preliminary stage for lack of substantive grounds for inquiry, the said matters being outside the Council’s charter or having gone to a court of law. The remaining 160 matters were under process at the end of the period under review.

Adjudications on complaints under this chapter have been analyzed graphically while detailed adjudications have been carried in the Council’s quarterly journals, viz. ‘The Press Council of India Review’ in English, ‘Press Parishad Samiksha’ in Hindi and Compendium of Adjudications 2012-2013.

66 Categories of Complainants

A. English Press B. Indian Languages Press A D C C. Journalist Associations/ 2.86% 5.71% 2.86% News Agency D. Suo-motu

B 88.57%

Categories of Respondents

A. Police/Government Authorities B. Information Department C. Institutions/Private Companies/ Newspaper Management D D. Private Persons 8.57% C 8.57%

B 8.57%

A 74.29%

67 Statewise Distribution of the Complainant Publications

68 Key to Abbreviation Total No. of Cases: 35

A Uttar Pradesh 24

B Madhya Pradesh 3

C Maharashtra 1

D Andhra Pradesh 1

E Bihar 1

F Uttarakhand 1

G Chhatisgarh 1

H Rajasthan 2

I Delhi 1

69 Harassment of Newsmen

For bringing to the fore the unsavory conduct of the authorities by way of articles/news in discharge of their professional duties, the journalists have to often bear the brunt. Manhandling, implication in criminal cases, etc. are some of the methods adopted by the authorities to compel pressmen to toe their line. Similarly, threats to life, property and family of the pressmen are also tactics adopted by vindictive militant outfits and anti-social elements to thwart the journalists in their fearless reporting and when they highlight their misdemeanors. The escalating number of cases of harassment of journalists manifests the failure of endeavors to check such violations of human rights.

The Council adjudicated a total of 27 such matters in the present year. Of these, one matter stood dismissed on merits. In nine others, the Council dropped inquiry when the respondents concerned made or assured adequate amends. 17 complaints were disposed off for non-pursuance or for the matters having become sub-judice or when no action by the Council was found to be warranted after hearing the parties. The chart that follows makes the position more clear.

70 Harassment of Newsmen Total No. of Cases : 27

A. Upheld -- B. Rejected 1 C. Assurance/Settled/Amends 9 D. Dropped for Non-pursuance / 17 Withdrawl/Sub-Judice / Lack of Substance

No. of Cases

71 Facilities to the Press

The fourth estate i.e. the Press requires some facilities from the authorities for the efficient discharge of its functions and this is where the authorities come to play an important role. Though these facilities cannot be claimed as a right, yet, in granting or distributing the same the authorities as custodians of public funds, have to ensure equality of treatment and fairness amongst similarly situated claimants. The facilities cover a wide range of subjects such as release of advertisements, grant of accreditation, and concession in the purchase of machinery and of other paraphernalia. Misuse of power in granting these facilities or a malafide denial with a view to pressurize the journalists to compromise their independence, is to be viewed with concern.

The authorities are expected to extend these facilities to the press under well-defined policies and rules. However at times they are seen to arbitrarily exert direct or indirect pressure on the press by withdrawing the facilities if the writing in the newspaper is not in conformity with the ideas of the authorities. In such situation the small and medium newspapers are worst affected.

Complaints against biased withdrawal or denial of the above facilities abound, but not all are pursued till the stage of adjudication. However, of the eight adjudications that fall under this category only one was upheld while in five matters the authorities concerned redressed the grievance of the complaining parties. Two matters were disposed off for non-pursuance or for the matters having become sub-judice or when no action by the Council was found to be warranted after hearing the parties. Graphics below clarify the position further.

72 Facilities to the Press Total No. of Cases : 8

A. Upheld 1 B. Rejected -- C. Assurance/Settled/Amends 5 D. Dropped for Non-pursuance / 2 Withdrawl/Sub-Judice / Lack of Substance

No. of Cases

73 CHAPTER – III Adjudications in Complaints Filed Against the Press

In the preceding chapter we have observed the various pressure tactics adopted by the authorities and others to make the newsmen toe their line. This is, however, one part of the picture. The other side of it is that the print media itself often adopts some malpractices which are quite contrary to the healthy journalistic path. These malpractices are used for selfish motive by the print media to achieve its own ends.

The prime function of the Press Council of India is to check any downward slide in the standards of the Press and to encourage the growth and maintenance of the ethical canons of journalism. In furtherance of this objective, the Council has developed norms through the medium of adjudications to guide the press on complaints entertained. An analysis of the complaints received in the Council shows that the complaints filed against the press account for almost 70% of the total complaints.

During the course of the year under review, the Council received 876 new complaints against the press. Besides, there were 672 matters pending from the previous year. Thus, the Council was to consider in all 1548 complaints against press during the year under review. Of these, 154 matters were disposed of through adjudications, 683 matters were disposed off at the preliminary stage, either by settling these to the satisfaction of the parties or dismissing the complaints due to lack of sufficient grounds for action under the Act or on account of non-pursuance, etc. while one matter was directly disposed off by the Council. Thus 710 matters were pending in this category at the close of the financial year under review. The detailed text of the adjudications can be seen in the Council’s quarterly house journals published in English as well as Hindi and also the Compendium of Adjudications 2012-13.

74 Categories of Complainants

A. Government Authorities/ Government Officers B. Private Persons C. Institutions / Private Companies/ Newspaper Associations D. Public Persons E. Suo- motu D E 2.58% 5.81% A 20.65%

C 35.48%

B 35.48%

Categories of Respondents

A. English Press B. Indian Languages Press

A 23.87%

B 76.13%

75 State wise Distribution of the Complainant Publications

76 Key to Abbreviation Total No. of Cases: 155

(Including one matter adjudicated directly by the Council)

A. Uttar Pradesh 38 B. Bihar 10 C. Orissa 3 D. Madhya Pradesh 25 E. Gujarat 5 F. Karnataka 1 G. Maharashtra 31 H. Andhra Pradesh 4 I. Goa 1 J. Delhi 9 K. Haryana 13 L. Chandigarh 2 M. Uttarakhand 2 N. Jharkhand 2 O. Jammu & Kashmir 2 P. Punjab 2 Q. Himachal Pradesh 1 R. Rajasthan 3 S. Kerala 1

77 Principles and Publication

Often newspapers publish inaccurate reports or write-ups harmful to the reputation of individuals or public officials and institutions. When the person aggrieved sends a contradiction or rejoinder giving his side of the case, generally there is reluctance on the part of the editor to publish the same with due promptitude and prominence.

Ignoring the salutary principles of right of reply, there are several other general principles which guide the press in its actions and attitude towards the readers. The alleged violation of these prompt the readers to seek the redress with the Council. In furtherance of its statutory responsibility, the Press Council has over the years evolved principles of journalistic conduct on case to case basis through its adjudications and guidelines. The endeavour of the Council has been, through these adjudications, to help the press maintain respect and dignity which the fourth estate deserves. The complaints before the Council were essentially brought against newspapers for violation of the generally accepted norms and guidelines. 33 adjudications delivered this year fell under this category. Of these, 10 complaints were upheld with appropriate directions while in four charges were rejected. Settlement was brought about in seven matters and the remaining 12 were dropped for non-pursuance, withdrawal etc. The chart that follows makes the position more clear.

78 Principles and Publication Total No. of Cases : 33

A. Upheld 10 B. Rejected 4 C. Assurance/Settled/Amends 7 D. Dropped for Non-pursuance / 12 Withdrawl/Sub-Judice / Lack of Substance

14

12

10

8

6

4

2

0 No. of Cases AB CD

79 Press and Defamation

Eminent persons holding responsible and important office including even eminent judicial personalities have complained to the Press Council about the wrong reports and or false, incorrect statements attributed to them causing a lot of mischief and very great embarrassment. The reputation of any person is a priceless gem which one has to earn and acquire with hard, honest and sincere work and efforts over a long time and in many cases, it may be one’s life-long achievement. When the reputation is sought to be tarnished and damaged by foul and unfair means, the person aggrieved may indeed be doomed for life and he has to suffer mental agony and torture beyond description. A contradiction or any apology or even a proper punishment by law may not prove sufficient restorative. The press is expected normally not to intrude into the privacy of the life of any individual and to disturb the peace, happiness and tranquility of the personal life and the home of an individual. The privacy of the life of an individual has to be respected. It is no doubt, open to the press and indeed, in appropriate cases, it may be considered the duty of the press, to expose any kind of corruption in public places. In public interest, the press may be justified in exposing the misdeeds of any person holding any high office, if any such person misuses his high office and seeks to exploit his position for any personal gain.

The right that the press enjoys in publishing comments and criticism of any individual, organization or institution which may have the effect of bringing the individual, organization or institution into disrepute, must be exercised in public interest on proper material and must not be otherwise motivated. Of the total of 110 such complaints disposed of by way of adjudications by the Council during the period under review, 20 complaints were upheld, while charges were rejected in 15. In 23 complaints the parties arrived at amicable settlement. The Council dropped inquiry in remaining 52 complaints holding that no further action was warranted or for the matters having become sub-judice or for not being pressed by the parties concerned. The following chart makes the position more clear.

80 Press and Defamation Total No. of Cases : 110

A. Upheld 20 B. Rejected 15 C. Assurance/Settled/Amends 23 D. Dropped for Non-pursuance / 52 Withdrawl/Sub-Judice / Lack of Substance

60

50

40

30

20

10

0 No. of AB CD Cases

81 Press and Morality

Decency and morality occupy an important place in a society. The press is often accused of going beyond the permissible limits. The Indian Penal Code incorporates offences relating to public decency and morals, the relevant Sections being 292 to 292A. These provisions make it punishable to sell or distribute obscene literature and objects, or to commit obscene acts etc. However, self- regulations scores over punitive action. The Press Council has had to deal quite frequently with charges of obscene writings in newspapers. In cases where the Council finds that the purpose of publishing the impugned writing or publication was pornographic and meant for arousing prurient interest in young minds and where there was no interest relating to science or art or any attempt to make some research with a view to suggesting some reform and where it would be said that the case was merely a mix of dirt for money’s sake, there would be clear violation of public taste even if it was not punishable under law. In six matters the question of obscenity was adjudicated upon by the Council this year. The charges of offence against public taste and morality against the newspapers was upheld in one matter. Action was dropped in three matters on account of complaint being without substance or the matter being sub-judice or where the complainants failed to pursue their grievances. Charges in one matter were rejected while the remaining one matter was disposed off upon assurance etc. The following chart makes the position more clear.

82 Press and Morality Total No. of Cases : 6

A. Upheld 1 B. Rejected 1 C. Assurance/Settled/Amends 1 D. Dropped for Non-pursuance / 3 Withdrawl/Sub-Judice / Lack of Substance

No. of Cases

83 Communal, Casteist, Anti-National and Anti Religious Writings

A special responsibility is cast on the press media, with its far-reaching impact on the public mind, especially in view of the turbulent situation prevalent in some parts of the country. Being a powerful medium it is vested with the calibre of influencing and to moulding public opinion and as such it is always expected to concentrate on curbing and controlling all divisive forces and promoting communal unity and national integration through its reporting of views, events and comments. By and large the press, even under trying circumstances, has been discharging its duties creditably. Unfortunately, the Council does receive some complaints with regard to communal writings.

During the period under review, the Council adjudicated six complaints under this category. Of these two matters were upheld and action was dropped in two matters on account of the complaints being without substance or the matter being sub-judice or where the complainant failed to pursue his grievance. The remaining two matters were settled upon assurance. Graphic presentation follows.

84 Communal, Casteist, Anti National and Anti Religious Writings Total No. of Cases : 6

A. Upheld 2 B. Rejected 0 C. Assurance/Settled/Amends 2 D. Dropped for Non-pursuance / 2 Withdrawl/Sub-Judice / Lack of Substance

No. of Cases

85 CHAPTER-IV Report on the Issue of Private Treaties by the Media Companies

Adopted by the Press Council of India on August 27, 2012 In July, 1999 the Securities and Exchange Board of India mandated under the Securities and Exchange Board of India Act, 1992 to protect the interest of investors expressed its concern that many media groups are entering into agreements, called “Private Treaties” with companies which are listed or coming out with a public offer for stake in the company and in return providing media coverage through advertisements, news reports, editorials etc. It noted that such private treaties help to promote and build ‘brand’ of the company through print or electronic media, which the media group owns in exchange of shares of such company. It apprehended that such agreements not only give rise to conflict of interest but result in dilution of the independence of press vis-à-vis the nature and contents of the news/editorials reporting, to such companies. That such treaties may lead to commercialization of news reports as it would be based on the subscription and advertising agreement entered into between the Media group and the company.

The Council in its meeting held on 22/2/2010 took cognizance of the matter in the light of guidelines framed by it on Financial journalism and accepted the following suggestions of SEBI whenever agreement or privates treaties are entered into by a media group and a listed company or proposed to be listed company.:

1. Disclosures regarding stake held by the media company may be made mandatory in the news report/article/editorial in newspapers/television relating to the company in which the media group hold such stake.

2. Disclosure on percentage of take held by media groups in various companies under such ‘Private Treaties’ on the website of media groups may be made mandatory.

3. Any other disclosures relating to such agreements such as any nominee of the media group on the Board of Directors of the company, any management control or other details which may be required to be disclosed and which may be a potential conflict of interest for media group, may also be made mandatory.

86 “Guidelines concerning mandatory disclosures by the media of its stakes in corporate sector” were released on 2.8.2010 for adherence by the media. The Press Council also observed that issue of private treaties was intrinsically closed to issue of paid election news phenomenon and discussed it briefly in Paid News Report.

Subsequently, the SEBI informed that Bennett Coleman & Company raised some queries and they also brought out policy changes to mandate disclosures by listed companies of agreements with media. The Council considered the matter in its meeting held on 19.9.2011 and decided to constitute a three member committee consisting of S/Shri K.S.S. Murthy, Rajiv Sabade and Prakash Javadekar, M.P. to examine the issue and give its report and suggestions.

The Sub-Committee considered the matter and noted that the Private Treaty practice affects of the freedom of the press, and misleads readers of newspapers who believe in the absolute integrity and non partisanship of their newspapers. Hence the Council recognizing Private Treaties as an infringement on the freedom of press, had issued three guidelines in August, 2010. Its recommendations were considered and discussed by the Council in its meeting held on 27.08.2012.

The Council accepted the recommendation of the Sub-Committee that these Guidelines should be broadened to include the important recommendations made by SEBI in its letter to Bennett Coleman & Co. Ltd. dated December 15, 2010. SEBI has said that if a newspaper or a magazine or media organization has a Private Treaty with a company, which is listed or is about to list its share, then the concerned publication should announce the details of the Private Treaty along with any news/editorial/free advertorial of the Company. These announcements should be immediately recognizable by the readers, and should be prominently positioned and with the same headline and body type as the news/editorial/free advertorial. Such disclosure would be enable the reader to distinguish between regular news and advertisements vis a vis news and advertisements generated as quid pro quo through a private Treaty. SEBI has also said this disclosure of Private Treaty connection should not be a one time publication, but should be published every time news and advertisement generated for a company with which the Media Company has private Treaty, is published.

The Council accepted the recommendation of the Sub-Committee that the Press Council of India should give wide publicity to these guidelines. A circular should be issued to all newspaper, news agencies and magazine. Reputed media website like The Hoot should be requested to prominently display these guidelines

87 on their website. The guidelines should be publicized through international media website dealing with freedom of the press, and rights of readers. SEBI may be requested to make announcement in websites and publications which serve the investors.

The Council also accepted the recommendations of the Sub-Committee that the SEBI may be requested it to examine whether it is proper for Companies to offer free share to various stakeholders, including media groups, in return for various unpaid services.

The Council further accepted the recommendation of the Sub-Committee that the SEBI may be requested by the Council to furnish a six monthly report on the declarations made by Listed Companies under Clause 53 and 54 of the Equity Listing Agreement about the Private Treaties entered with media companies.

With the above the Council reiterated its view to the government to strengthen the Press Council and make it more effective through amendment of the Press Council Act.

88 CHAPTER-V Report on the Murder of Shri Chandrika Rai and Three Members of His Family on 17.2.2012 in Umaria (MP) Adopted by the Press Council of India on August 27, 2012

Introduction: The sensational killing of journalist Mr. Chandrika Rai and three members of his family on 17th February in Umaria, Madhya Pradesh in his house shook the entire country and sent shock waves across the media fraternity in particular. The issue came to the notice of the Press Council of India and some members called on the chairperson to take suo-moto action. The Press Council taking note of the media reports feared that Mr. Rai and his entire family may have been targeted by some unidentified people, who were upset with his writings. In an order dated 22nd February 2012, the Hon’ble Chairman of the Press Council of India (PCI) Justice Markandeya Katju appointed a three-member fact finding team with Mr. K. Amarnath, Mr. Kalyan Barooah and Mr. Rajeev Ranjan Nag, as members. Mr. Amarnath was named as the Chairman of the Committee. The Committee was mandated to visit Madhya Pradesh and report to the Council after thorough inquiry at the earliest. A journalist, his wife and two teenaged children were found murdered in their house on February 18, Saturday evening in Umaria, a district head quarters town in Madhya Pradesh, the police said. The journalist Chandrika Rai (42), wife Durga Rai (40), son Jalaj (19) and daughter Nisha (14) were found lying in pools of blood in different rooms of the family’s house. Rai worked as a free-lancer for two dailies Navbharat, a Hindi Daily and Hitavada, an English daily, while his wife was a member of local Janpad. According to the police, the house was locked from outside during the whole day. Finding something a miss, Chandraka Rai’s brother went to the house and broke the lock open to find the horrific scene inside. The motive behind the crime is not known but police suspected that it was committed on the night of February 17, and the culprits were known to the family. The victims appeared to have been hit on the head by a heavy iron object.

Inquiries made by the Team The Team consisting of Mr. K Amarnath, Mr. Kalyan Barooah and Mr. Rajeev Ranjan Nag visited Umaria on 4th March 2012. It held its hearing at the

89 Circuit House, Umaria. About 40 journalists were present and 19 journalists (list annexed) besides some family membes of late Chandrika Rai gave oral and written evidence. The Press Council team also visited Chandrika Rai’s house to get a sense of the place, where the killings took place. The team tried to speak to some of the Rai’s of neighbours and the locals. The premises was sealed and police had posted some sentries to guard it. The team also met top officials of the district and later visited Bhopal to speak with senior Police and State Government officials, who were monitoring the probe.

In their oral and written submissions, the journalists from Umaria and adjoining districts were of the view that there was more than it meets the eye. They refused to buy the police version that Mr. Ramesh Yadav, the driver of the slain journalist was the lone perpetrator and might have acted out of greed and silenced the family after killing Rai to escape detection. The journalists pointed towards the possibility of some conspiracy hatched by vested interests.

They averred that Mr. Chandrika Rai was conscientious journalist and specialised in exposing scams involving the powerful land and illegal mining mafias in his reports published in Navabharat and Hitavada for which he was contributing for the last one and half decade. They were of the view that there was reasonable cause to suspect that the mafias conspired to silence him, as he might have been seen as a thorn in their flesh and the driver whom the police arrested and booked for murder could be a mere instrument to perpetuate the crime.

The view that has gained ground and also backed by Rai’s family was that the driver could not have committed four murders in matter of hours and got away from the scene of the crime unnoticed. It was pointed out that the driver could not have killed Mr. Chandrika Rai, who was of heavy built and dragged him on the floor of the room all by himself without alerting other members of the family present in the house. He was frail and lean. It was strange that none of the four persons did not make any noise, while being murdered to alert the rest of the family. According to the police version there was a time gap of about two and half hours between the first murder of Mr. Chandrika Rai and the last that of his son. All this took place without arousing suspicion of the Rai’s immediate neighbours in a closely clustered neighbourhood and tenant in the house.

The anxiety of the journalists increased further because of curious role of the police. The investigators first came out with a written statement within 48 hours. Of detention of the crime, alleging that the gang of kidnapers with whom he (Rai) was linked killed him and his family following a dispute over sharing

90 of ransom money collected from the family of an government official, whose kidnapped by the gang.

This enraged the local media and Rai’s colleagues and they alleged a conspiracy to tarnish the image of Mr. Rai, and shield the guilty. Following sustained media pressure and from State capital Bhopal, the police within the next few days, changed their version and alleged that the driver killed him for pecuniary benefit, as he was in need of money to perform his brother’s marriage. The media refused to believe that the police solved the same murder twice dishing out two different theories behind the gruesome murders.

The journalists pointed out that it was incredible that the police claimed that in both the instances the culprits confessed to the murder of the journalist and the mystery was solved. The journalists who spoke to the committee or those who gave written submissions were of the unanimous opinion that even if the driver was the real culprit and committed the heinous crime, he probably had accomplices and powerful mastermind who were pulling the strings. They suspect that the police were not pursuing the conspiracy angle for reasons best known to them.

They expressed the apprehension that truth would never come out if the investigation remained with Madhya Pradesh police. They suggested that some higher agency should take up the investigation and conduct a thorough probe to get to the bottom of the matter. A couple of journalists in their individual capacity and media organisations suggested that the investigation might be entrusted to the Central Bureau of Investigation (CBI). Some other ssuggested a judicial probe might be ordered to get to the truth.

Evidence of Umaria Collector and Superintendent of Police The District Magistrate and Collector and the Superintendent of Police appeared before the Committee at the Circuit House in Umaria and gave their evidence. The District Collector Mr. N.S. Bhatnagar said he was not involved in the investigation directly and the police were looking in to it. As soon as he came to know of the incident, he visited the place of incident and made arrangements for investigation. He said Mr. Chandrika Rai was a good journalist and used to high light the problems of the people of the district. He never received any complaints against him.

The Superintendent of Police Mr. Manohar Singh Jamus said that at first and his family were murdered by a gang of four persons, who kidnapped the son of

91 a PWD engineer. The kidnappers were arrested on 20th February and two of them confessed purportedly to derail the probe in to the kidnapping case alleging that late Rai was part of their gang and that they murdered him, as there was a dispute about dividing the ransom money. To eliminate evidence, they also murdered the family members of Mr. Rai, he claimed.

Mr. Jamus said as the case of murder of journalist was important and sensational case, the police announced the results of their investigation without further verification. (A press release issued by the police has been annexed.) Later, as there was no corroborative evidence except their confessional statement, the police intensified their investigation and new facts emerged.

During their investigation, they came to know about the presence of the driver Mr. Ramesh Yadav in the house of Mr. Rai on the fateful night. The Police claimed it managed to zero in on the driver after he used late Rai’s SBI ATM card, which he had stolen after killing him. The SP claimed that police using the photo captured in the ATM booth arrested him. Recovery of the stolen goods from the driver’s possession further strengthened their case.

As the Government entrusted the case to the Special Investigative Force (STF), it conducted the investigation. According to the version of the Superintendent of Police, the joint investigation of the case by STF, CID and Umaria District police, the following emerged:

Chandrika Rai (43), his wife Durga (39), son Jalaj (20) and daughter Nisha (17) were murdered by his driver Ramesh Yadav for money. In a pre-planned manner, Yadav came to Rai’s house on February 17 and requested them to allow him to stay there for the night. He then first murdered Rai while he was watching TV in his office, which was adjacent to his house.

The accused twice smashed the rod of car’s jack on Chandrika’s head that led to his death on the spot. Later, Yadav went to the bedroom and killed Chandrika’s wife with the same rod. He went to another room and killed the deceased’s daughter and his son who were watching TV in his room. The accused then covered the bodies with quilt and tried to destroy the evidences after the crime.

The driver stayed at the spot for at least four to five hours and picked up around 250 grams of gold ornaments, around Rs. 22,000 cash, silver ornaments, three mobile phones and the ATM card. After committing the crime, the accused went to his brother-in-law’s place who resides in a village close to Umaria and

92 there he washed his clothes. He also kept the bag containing the jewellery there itself.

He became a suspect for the police, when they went through the bank transactions of Chandrika Rai. Like any other criminal, Ramesh also left clue for the police when he went to withdraw money using Chandrika’s ATM card. Further investigations revealed that he had withdrawn Rs. 3,000 from an ATM in Shahdol, the head quarter of the neighboring district, a day after his crime. Subsequently, the investigating agencies traced the ATM counter of union bank in Shahdol and ascertained that the sum was withdrawn by Yadav.

During interrogation, Yadav confessed to the police that he committed the crime for money. He was in immediate need of money for his brother’s marriage. The Rs.22,000 cash he collected from Rai’s house after murder was used in booking bus for his brother’s baraat and a band for the marriage that took place on February 24.

The Superintendent of Police, Mr. Manohar Singh Jamus requested the Committee to visit his office where Mr. Raja Babu Singh, Deputy Inspector General of Police (DIG) of the range was present and he would give some more details. Then the Committee members along with some journalists went to the SP’s office where the DIG was present.

The DIG, Mr. Raja Babu Singh made a power-point presentation of the investigation of the police with the aid of photos and graphics. But the narrative was the same as that of the SP. The DIG could not give convincing reply, when asked why the police first announced within 48 hours of the crime that Rai was part of a kidnappers gang and that the other members of the gang eliminated his whole family due dispute over dividing the spoils. He conceded that it was a hasty announcement and stopped at that.

In the evening, the team met some journalists at Jabalpur and interacted with them. All the journalists present were very much dissatisfied with the police investigation.

The team visited Bhopal on 5th March 2012 and had meetings with the Director General of Police, Mr. Nandan Dubey, the Additional Director General Police and head of the Special Investigative Force (STF) Sanjay Choudhary, which probed into the murder of Chandrika Rai and his family. They also met the Commissioner of Information and Public Relations Mr. Rakesh Shrivastav and Addl. Chief Secretary (Home) Mr. Ashok Das.

93 The Director General of Police Mr. Nandan Dubey claimed that look over only four days ago and did not have personal knowledge of the case details. But he said he had a briefing from his predecessor and read the case files. He emphatically told the Fact Finding Team that the case was solved and the driver of Mr. Rai was the culprit. When asked how the police earlier claimed that Mr. Rai and his family were killed by a gang of kidnappers with whom the journalist was involved, he said the police officers were under tremendous pressure from State Government and the media to solve the case early, jumped to the hasty conclusion when two of the kidnapers gang confessed that they killed Mr. Rai due to dispute in distribution of the ransom money.

The DGP said earlier charge of the police that Chandrika Rai had links with the Kidnapers gang was also not correct. He said there was no evidence in the police records to blemish the track record of Mr. Chandrika Rai. He went on to add that Mr. Rai was a good journalist and commanded respect not only from his peers but also from the officials and general public. When asked why the police had not investigated the conspiracy angle of the case, he replied that so far there was no evidence to suggest conspiracy and added that if they got any lead, the police would investigate that aspect also.

Addl. Director General of Police and Chief of the Special Investigating Team, Mr. Sanjay Choudhry told the fact-finding team that they had strong evidence to suggest that the driver was the culprit. Apart from him confession, the police had evidence of the CCTV camera footage in the ATM centre where he with drew money using the debit card of Mr. Chandrika Rai. He also said Mr. Rai was a good journalist and had no links with criminals. Adl. DGP also repeated what the DGP earlier said on the conspiracy angle. He said there was no evidence to suggest that any mafia was behind the murder. On being asked about the conspiracy angle, he replied that the Police has not closed the case and though no such lead suggesting criminal conspiracy has come to their notice they have an openmind.

The Addl. Chief Secretary, Home Department, Government of Madhya Pradesh, Mr. Ashok Das told the Fact Finding Team that the Government was serious about getting to the bottom of the case and punish the culprits. When the apprehensions of the journalists about the flip flop nature of the police investigation was brought to his notice, he asserted that the journalists need not have any such reservations and there would be no let up in the investigation.

The Commissioner of Information and Public Relations, Mr. Rakesh Shrivatsav assured the team that the State Government was very serious about

94 the case and all possible steps would be taken to protect the journalists. He also mentioned about the State Government’s scheme of providing employment to kin of journalist skilled in the line of duty. In the instant case, entire family has been wiped out.

Some of the questions that are nagging the minds of the journalists and the police investigation could not adequately clear are as follows:

• Why did the police change their version of the case twice in few days? • Was the police acting under pressure to protect the real culprits? • Why was the Police in such a hurry to solve the case when there was no tangible pressure on them from the family members and the media fraternity? • Why did the police not investigate the case from mining and land mafia angle, as the deceased journalists has was writing against those gangs for quite along time? • Why did they rule out the involvement of the mafias without investigating in to the allegations? • Were the surviving family members, mother, father and brothers of the journalist were approached for clues in the case?

Conclusions of the Team The team perused the detailed evidence given by the journalists and police officials. The explanations given by the police officials did not give the real picture of the case. First they claimed within 48 hours of the incident that two kidnappers of seven-year-old son of a government official, who were arrested, had confessed that Rai was ”blackmailing” them and so they eliminated the family. The cops even produced three mobile phones and SIM cards, saying these held the key and that Rai or his accomplices, had made ransom calls from these phones.

The police claim that media pressure and the national interest the case had generated had forced them to jump to conclusion based on false leads, is unacceptable because the police action tarnished late Rai’s image. As the case attracted national and even international media attention, the sad episode damaged his reputation. The Police without bothering much to explain the first goof-up, later produced the driver of the deceased Mr. Ramesh Yadav making him the prime suspect and the main culprit, led to apprehensions.

95 The fear expressed by some journalists working in the area that Rai’s killing may have been a message to the media to stop meddling in affairs of the land and mine mafias, seems to be plausible. The shoddy manner of police investigation has left the journalists fraternity badly shaken.

The police could not properly explain how a frail driver, Ramesh Yadav, weighing about 55kg, could batter four members of the family, including the well- built Rai without any resistance that could have alerted neighbors. Rai lived in a crowded area with their tenant, a woman who stayed on the first floor. According the police themselves, there was a gap of about 2 hours between the first murder and the fourth murder. It was incredible that he killed four people one by one in a span of about two to three hours within the same house without some body raising an alarm.

The police investigation completely ignored the mafia angle. They did not take into cognizance if the murders were linked to his investigative coverage of illegal mining in the nearby Shalabh Bhadoria area. Several journalists and some members of the Chandrika Rai’s family said he had exposed over the years the scams of illegal mining and illegal land grabbing by mafia. His reports were published in the Jabalpur editions of Navbharat and Hitavada prominently.

It is pertinent to mention here that the State Home Minister Mr. Umashankar Gupta told media in Bhopal on February 20 that there was no conspiracy behind the murder of Chandrika Rai and three members of his family. It seemed that the police took the cue from the open statement of the State Home Minister and ignored to investigate the conspiracy angle mentioned by several journalists and members of his family.

Mafia Terror in the state The following two incidents, which occurred after the murder of Rai’s family, illustrate the state of affairs in Madhya Pradesh and the power of mafia there. Within about three weeks after the murder of Chandrika Rai’s family, on March 8, a young IPS officer, Narendra Kumar, was killed when he confronted those who were engaged in illegal mining in Morena district of Madhya Pradesh. When he stopped the tractor carrying illegally mined minerals, the driver ran the tractor trolley over the official killing him instantly. The incident only brought out the brazenness of the mining mafia fed by money and muscle power.

A local newspaper Media Raj Reporter, Rajesh Mishra, who was attacked and beaten over the head on 1 March in Rewa district of Madhya Pradesh, and he

96 died of his injuries the next day. Earlier, he had received anonymous phone threats after writing reports about the alleged mismanagement of a number of regional schools. Mishra had gone to a tea stand where he was beaten over the head by two unidentified persons who quickly ran off. He was immediately hospitalized and was then transferred to a hospital in Jabalpur, where he died the next day.

Conclusion The Fact-Finding Team is of the opinion that results of the police investigation so far in to the murder of Chandrika Rai’s family are not conclusive, in that it did not look in to the conspiracy angle of the case. The Committee agrees with the views expressed by several journalists and members of the family of Mr. Rai that a thorough investigation by a specialised agency is required to get to the bottom of the case. The Committee recommends that the Government of India may be approached to order Central Bureau of Investigation (CBI) to go into all the angles of the case including the involvement of Mafia sand conspiracy. The Council may take an appropriate decision in the matter.

The Fact-Finding-Committee places on record the members sincere appreciation for the co-operation extended by the officials of the Madhya Pradesh government during the tour of Umaria district and Bhopal.

97 ANNEXURE ***Mr. Habib Khan, General Secretary of the Chhattisgarh Sramjeevi Patrakar Sangh came to Umaria from Bilaspur and deposed before the Committee. He said the murder of Mr. Chandrika Rai and his family was aconspiracy of the mafia of illegal mining as they were exposed by his reports in the Navbharat and Hitavada. He said in Chhattisgarh which was part of Madhya Pradesh before it was made a separate state, there was no safety for the working journalists. He urged the Committee to recommend investigation by a special agency to go into the murder of the journalist’s family. He said the Madhya Pradesh government should be asked to pay adequate compensation to the family of the slain journalist. He urged the Committee to recommend to the Government to enact legislation at the central level for the protection of journalists in the country. Mr. Habib Khan said the Government should insure the lives of all working journalists for Rs.10 lakhs.

98 CHAPTER – VI Report of the Election Coverage Monitoring Committee on Paid News During Gujarat Election – 2012

Adopted by the Press Council of India on February 2, 2013

Hon’ble Justice Markandey Katju, Chairman, Press Council of India, following receipt of reports of paid news during the on-going Himachal Pradesh State Assembly elections, decided to set up a four member Election Coverage Monitoring (ECM) Committee to undertake an extensive tour of Gujarat, for thorough investigation of coverage to scrutinize incidents of paid news or any incident of violation of press freedom in connection with Gujarat Elections with Shri Rajeev Ranjan Nag as convenor. The other member of the Team included Neeraj Bajpai, Sondeep Shanker and Kalyan Barooah. A local journalist Dr. Amarendra Jha

A brief Note In the Assembly Elections in Gujarat, held in two phases on December 13 and 17, 2012, a number of cases of suspected “paid news” in the media both print and electronic were detected by the Election Commission. The Election Coverage Monitoring Team made an attempt to evaluate the situation about prevalence of paid news in the media.

According to Chief Election Commissioner, V. S. Sampath in the run-up to the Assembly Polls 2012 in Gujarat, at least 444 suspected cases of paid news were reported in Gujarat, leading the EC to issue notices in 224 of the cases. Gujarat’s Chief Electoral Officer Anita Karwal soon after conclusion of second Phase of polling on December 17, 2012, stated that 126 confirmed cases of paid news were identified, with 61 candidates in poll fray admitting to have paid for such news in electronic and print media.

PCI’S INITIATIVE Following appointment of the Committee vide a notification dated December 4, 2012 (copy annexed), the team met informally on December 08, 2012 at Delhi to work out a schedule of the visit and to discuss the strategies to be adopted. It may

99 be mentioned here that the job was somewhat difficult. This being the first-ever such committee to be appointed by the PCI to take stock of the menace during an election, the Committee had to chart its own course and after a mutual discussion among the members, the Committee decided to split itself in two groups and tour the various major publication centres in Gujarat.

The Committee also decided to hold a public hearing at Ahmedabad on December 15, 2012 to hear complaints and submissions from concerned parties including political parties. The team also decided to meet the Returning Officer of the districts where major publications were centred, besides editors and senior journalists to get the full and balanced picture.

A major hurdle was lack of network spread over the State to detect suspected cases of paid news. It was hence decided to rely on the EC, which has set up an elaborate network at the district level to detect paid news. The EC has been kind enough to extend full cooperation to the PCI Committee. The figures of suspected paid news have been gathered from EC.

Accordingly the first group comprising Neeraj Bajpayee and Sondeep Shankar arrived in the State on December 11, 2012 and on the next day, the team left for Saurashtra region. The team visited Rajkot and met a cross-section of the stakeholders.

The second team comprising Rajeev Ranjan Nag and Kalyan Barooah arrived in the Ahmedabad on December 13 and on the same day left for Vadodara. The team met the officials of the Vadodara district and visited the Media Certification and Monitoring Centre (MCMC) set up to monitor ‘paid news’ cases in Electronic and Print Media.

In keeping with the decision to work closely with the Election Commission, the Committee tried to meet officials directly involved with the elections to get their valuable inputs regarding the phenomenon of Paid News. The officials gave their views on detection of paid news.

In almost all of our meeting, it was impressed that the Press Council of India should actively get involved with the process given the seriousness of the issue and widespread practice of paid news. The officials wanted specific guidelines on what could be defined as paid news. In absence of senior and experienced journalists to guide the EC, the job of detecting paid news has become even more

100 challenging. Some of the officials pointed out that the guide-lines prepared by the EC needed further fine tuning.

The EC has in each of 26 districts in Gujarat, constituted Media Certification and Monitoring Committee (MCMC), with officials from the State’s Information Department, to monitor the news items both in electronic and print media. MCMC had been in operation since October 4, 2012. On the basis of guidelines from the Election Commission of India (ECI), MCMC initiated procedural functioning to identify cases of ‘paid news’.

EC’s Guidelines The MCMC was advised that for monitoring ‘paid news’ cases, they should follow the below-

1. Identical articles with photographs and headlines appearing in competing publications carrying by-lines of different authors around the same time, 2. On the same page of specific news papers, articles praising competing candidates claiming that both are likely to win the same election, 3. News item stating that one candidate is getting the support of each and every section of society and that he would win elections from the constituency, 4. News item favouring a candidate, not carrying any by-line, 5. News paper publishing a banner headline stating that a party/candidate is ready to create history in the state/constituency but not carrying any news item related to this headline, 6. News item saying that the good work done by a Party/Candidate had marginalized the electoral prospects of the other party/candidate in the state with each and every sentence of the news item in favour of the party candidate, 7. There are instances of fixed size news items, each say of a length of 125- 150 words with double-column photo. News items are seldom written in such a rigid format and size whereas advertisements are most often, 8. In specific newspapers, multiple font types and multiple drop case styles noticed within the same page of a single newspaper. This happens because

101 just about everything- the layouts fonts, printouts, photographs – provided by candidates who have paid for slots in the pages of the newspapers.

COMPLICATIONS It was point out to the PCI Committee that there were many a grey area and the risk of genuine election stories being dubbed as paid news have become higher. It was also gathered by the PCI team that the paid news items itself has undergone changes and paid for news are done by professional hands to escape detection.

With the EC maintaining a hawk’s eye like approach, the job of working on paid news have gone to professional PR agencies. Some of the officials told the Committee that the deals were sealed in Ahmedabad and its various editions were told to tow a particular line. It was also brought to the notice of the EC team that Surat being a large commercial city witnessed more cases of paid news than other publication centres.

Some of the Editors and journalists admitted that the paid news contract deals are signed at the top level and all they get are time to time ‘instructions’ to carry a particular news item or photographs. However, they claimed that the phenomenon of paid news in Gujarat election has come down significantly as compared to previous elections in the State. They cite two reasons; one the reluctance of the national level political parties to indulge in paid news and the strict vigil of the EC.

Further, in Gujarat it was observed that some publishers while denying about indulging in paid news, boosted about favouring a particular candidate because of long association and close rapport. The idea of professional journalism has been given a neat burial over favouritism. Some editors revealed about a practice in Gujarat where instead of the word ‘advt’ a figure of triple zero was carried below a news item to indicate paid news.

While some of the explanations were old and oft-repeated, some editors claimed that it was not PCI’s job to involve itself in such matters, as it was editor’s prerogative to carry or not carry any particular news item.

FINDINGS The PCI Team discovered during numerous interactions in Ahmedabad, Rajkot, Vadodara and Surat there were indeed some instances of ‘paid news’.

102 For instance, a particular publication “Gujarat Guardian”, which came into existence just a couple of months before the Assembly Polls (2012) in Gujarat, caught our attention, because on same page both the rival candidates had been covered with prediction of each one’s definitive victory.

In another newspaper, **“Sansdesh”, a news items stated that the candidate definitely headed for a ‘Hat Trick’ of defeat this time. On enquiry and study of reports carried out by this newspaper, indicated of its being ‘partial’ to one political party.

Both the publications have a large circulation base and popular as well. Other news-papers with massive circulation base too were reportedly found to have indulged in ‘paid news’ items.

On the basis of reactions from the general readers, regional editions of national newspapers, were also found to have indulged in the ‘paid news’ activity, but on closer scrutiny, it was found to be handiwork of individual reporters and bureau heads and the concerned candidates in poll fray.

During interaction with District Magistrate (DM) of Vadodara, Vinod Rao the team was apprised about the measures taken by them to monitor paid news. The PCI Committee was taken around the MCMC, which appeared to function on a professional manner. The newspapers and TV news channels were being monitored round the clock and suspected paid news were marked and recorded before being forwarded to the Returning Officer for further action.

The DM of Surat, Jaiprakash Shivhare also met the EC Committee and exchanged notes. He expressed the opinion that the guidelines needed to clearer to enable them to work more professionally. He pointed out that all election news items needed not necessarily be bracketed as paid news, as people had a right to know about the candidate. He requested the PCI to work out a more comprehensive guideline in this regard.

Members of the Press Council Committee on paid news visited Rajkot on December 12, 2012, a day ahead of polling in Saurastra Region and interacted with a number of news papers editors /owners and district officials to gather information about the suspected cases of paid news.

103 District officials, tasked with supervising the election process in the region, said they were keeping a close watch on news papers in Rajkot, which was main hub of the full fledged eveningers, which are elaborate papers like morning news dailies.

Officials said they had forwarded about twenty cases of suspected paid news cases to Returning officers who have issued notices to candidates to find out their versions, so that further action could be initiated.

Rajkot District Magistrate, Rajender Kumar,IAS said they had referred some cases to the returning officers and observed in number of cases newspapers owners/editors said that They were carrying news of candidates as they –both paperswalas and candidates-interacted with each other in various functions and programmes and develops good relations, so it was unfair to say that all news published during the polls was paid news.

The PCI team met Managing Editor of Akila daily, Rajkot, Kirit Ganatra, and found him extremely critical of paid news. He said a number of candidates supporters had met him for paid insertions, but his papers avoided such news and interviews.

It was noticed that some times, paid news is published in some Rajkot based papers with a triple zero mark that is equivalent to “Advt” word written at the end of the news. it is quite common practice here. District officials also confirmed such practices but refused to name any newspaper.

Mr. Krann P Shah of Sanj Samachar, minced no word to assert that they had to carry news about candidates due to personal rapport and denied that his paper was indulging in paid news. Sha’s paper was a bulky eveninger and was carrying a lot of items of individual candidates, but he was insistent that no money was exchanged for such news stories.

District officials chose not to part with suspected paid news details, saying it was too early to do that as notices had been issued and replies were awaited.

Joint Director Information of regional information office N.A. Parmar, said they were keeping a close watch on paid news both in print and Visual media, but details could not be given right now.

104 Interestingly, Mr Deepak Rajani of Aajkal daily, an eveninger of Rajkot, was in a denial mode about paid news and said his paper was carrying lot of items out of personal relationship, which is very significant in Gujarat social set up. He said his own brother was contesting from Rajkot and asked how he could expect money from his brother.

Mr Deepak, who is also in a real estate business, dismissed suspected paid news complaints and laced his claim that he had not charged any thing from a multi-level jewellery shop opened on Diwali here though a detailed item was carried in his paper.

Mr Kana Bantwa, Executive Editor of , a Gujrati daily from Bhaskar newspaper group, told team members that his paper had carried a front page editorial against paid news and also publicly declared in advertisement in paper that his paper would not carry any paid news.

Team members collected a number of papers from the region and submitted to the Press council for further study and investigations.

Deeper scrutiny of these newspapers in regard to content of news items during Assembly Elections is needed to reach at definitive conclusion.

EC’s FINDINGS At least 126 confirmed cases of ‘paid news’ were identified by the MCMC and the State’s election authority, on the basis of guidelines from the ECI .

This is indicative of how a section of media operated and used by the political parties/candidates. Moreover, 61 candidates admitted having paid for news items in electronic and print media. A thorough and in-depth analysis of each news item carried in print media and telecast in channels would substantiate the observation made by the PCI team that ‘paid news’ cases were rampant in Gujarat.

RECOMMENDATIONS 1. The Committee is of the opinion that the PCI should take the initiative and upon receipt of the final report on paid news in Gujarat election, suo-moto notice should be issued against the news publication for indulging in cases of suspected paid news.

105 2. The Committee is of the view that the issue of paid news needs to be revisited again by the PCI. It is recommended that a broad-based PCI Committee with the authority to co-opt experts drawn from various fields should be immediately constituted to look into the various aspects of paid news, in view of the pending elections in various States and the General election in 2014.

3. The PCI should take the initiative and draft revised guidelines on what could be described as Paid News for the benefit of the EC and its officials.

4. The EC should be advised to hold workshops on suspected paid news for the field officials ahead of elections in any State. Media experts, editors and senior journalists can be drafted to brief the officials tasked with conducting elections at the Centre and more particularly at the State-level on paid news both in electronic and print media.

5. The full supremacy and autonomy of the office of the editor should be restored. The measure would go a long way in preventing the paid news and editors succumbing to pressure from owners and advertisers.

6. Like Election Observers, appointed by the Election Commission of India, there should be Media Observers, comprising senior journalists from outside the concerned states, going to polls. Media Observers be stationed periodically in the concerned state from the time the Code of Conduct begins till the final day of voting. PCI should have a mechanism to have a list of dedicated and sincere journalists, for conducting the duty as Media Observers, in not so familiar regions. Media Observers be made accessible to all stakeholders, including man on the street, for registering any case of ‘paid news’.

7. In the recent past, major political parties and ‘resourceful’ candidates as well, have been in practice of having ‘elaborate media centres’ region wise. For example, for 2012 Assembly polls in Gujarat, corporate-like media centres were set up in various centres of Gujarat, as part of poll strategy by the political parties. There should be close monitoring on these media-centres, as most likely ‘nexus’ is established from these Media Centres of political parties, for ‘favourable’ reports both in print and electronic media.

106 8. Public hearings by PCI appointed Committee be held in each region at regular intervals, for all those concerned to register any complaints, regarding misuse of media and paid news. The hearings should be conducted a number of times, say fortnightly, during the period from beginning of Model Code of Conduct and final day of voting. An elaborate follow-up should be done, after each hearing. With actions taken/suggested reports being made available in the public domain.

107 CHAPTER – VII Finances of the Council 2012-13

The funds of the Council are primarily made up of (i) fee levied by the Council on newspapers/periodicals registered with the Registrar of Newspapers for India and on the news-agencies and other miscellaneous receipts, like interest on deposits etc., and (ii) Grant-in-aid from the Central Government in the Ministry of Information and Broadcasting.

The Budget Estimates of the Council for the financial year 2012-13, as accepted by the Central Government in 2011-12 was Rs. 532.00 lakhs. Revising the estimates for 2012-13 in January, 2013 the Central Government accepted the budget amounting to Rs. 555.00 lakhs (the Grant-in-aid element) with Council’s revenue receipts estimated at Rs. 106.16 lakh.

The Council in the year 2012-13 received total grant-in-aid amounting to Rs. 5,55.00 lakhs (Rs.5,22,78,517.00 as Grants-in-aid + Rs. 32,21,483.00 unspent balance for previous year) from the Central Government, whereas it collected Rs. 116.91 lakhs (Rs.52,77,900.00 + Rs.64,13,361.00 as fees levied upon newspapers/ periodicals and news agencies and accounted for other miscellaneous receipts, like interest on bank accounts, interest on F.D.Rs. with the Bank, etc. during the year under report. An amount of Rs.23.43 lakhs was carried forwarded during the Financial Year 2013-14.

As a result of efforts to realise as much revenue as possible from newspapers/ periodicals defaulting in payment of the fee levied on them under the mandate of the Act, the Council recovered Rs.18.92 lakhs during the year as outstanding levy of fee from the defaulters. This figure is included in the levy fee amounting to Rs.52.78 lakhs as mentioned above.

108 Separate Audit Report of the Comptroller & Auditor General of India on the Accounts of Press Council of India for the year ended 31 March 2013

We have audited the attached Balance Sheet of Press Council of India as at 31 March 2013, the Income & Expenditure Account and Receipts & Payments Account for the year ended on that date under Section 19(2) of the Comptroller and Auditor General’s (Duties, Powers & Conditions of Service) Act, 1971 read with section 22 of the Press Council Act, 1978. These financial statements are the responsibility of the Council’s management. Our responsibility is to express an opinion on these financial statements based on our audit.

2. This Separate Audit Report contains the comments of the Comptroller and Auditor General of India (CAG) on the accounting treatment only with regard to classification, conformity with the best accounting practices, accounting standards and disclosure norms, etc. Audit observations on financial transaction with regard to compliance with the Law, Rules & Regulations (Propriety and Regularity) and efficiency-cum-performance aspects, etc, if any, are reported through Inspection Reports/Comptroller and Auditor General’s Audit Reports separately.

3. We have conducted our audit in accordance with auditing standards generally accepted in India. These standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatements. An audit includes examining, on a test basis, evidences supporting the amounts and disclosure in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management as well as evaluating the overall presentation of financial statements. We believe that our audit provides a reasonable basis for our opinion.

4. Based on our audit, we report that:

i We have obtained all the information and explanations, which to the best of our knowledge and belief were necessary for the purpose of our audit.

ii The Balance Sheet, Income & Expenditure Account and Receipts & Payments Account dealt with by this report have been drawn up in the format prescribed by the Government of India, Ministry of Finance.

109 iii In our opinion, proper books of accounts and other relevant records have been maintained by the Press Council of India as per Section 19 and 20 of the Press Council Act, 1978 in so far as it appears from our examination of such books. iv We further report that: A Balance Sheet A.1. Assets A.1.1 Investment from Earmarked Fund ` 755.90 Lakh (Sch-5) In contravention of the Ministry of Finance’s notification no. F5(88)/2006-PR dated 14.8.2008 the Council had invested all CP Funds in fixed deposits and savings accounts in banks.

B. Grants-in-aid The Press Council of India received Grants-in-aid of ` 522.79 lakh from the Ministry of Information & Broadcasting during 2012-13 out of which ` 38.85 lakh was received in March 2013. The previous years unspent balance was ` 32.21 lakh. The Council had its own receipt of ` 116.91 lakh. Out of total available fund of ` 671.91 lakh the Council utilised ` 648.48 lakh leaving an unspent balance of ` 23.43 lakh at the end of 2012-13.

C. Management Letter Deficiencies which have not been included in the Audit Report have been brought to the notice of the Council through a management letter issued separately for remedial/corrective action.

v. Subject to our observations in the preceding paragraphs, we report that the Balance Sheet, Income and Expenditure Account and Receipts and Payments Account dealt with by this report are in agreement with the books of accounts.

vi. In our opinion and to the best of our information and according to the explanations given to us, the said financial statements read together with the Accounting Policies and Notes on Accounts, and subject to other significant matters stated above and other matters mentioned in Annexure to this Audit Report give a true and fair view in conformity with accounting principles generally accepted in India:

a. In so far as it relates to the Balance Sheet, of the state of affairs of the Press Council of India as at 31 March 2013; and

110 b. In so far as it relates to Income and Expenditure Account of the surplus for the year ended on that date.

For and on behalf of the C&AG of India Sd/- New Delhi Director General of Audit Central Expenditure Date 28.10.2013

Annexure to Audit Report 1. Adequacy of Internal Audit System The Principal Accounts Office of the Ministry of Information and Broadcasting had not conducted the internal audit of the Council. The Council had got its internal audit conducted from a Chartered Accountant firm for the year 2011-12. The report was awaited.

2. Adequacy of Internal Control System-Monitoring

Risk Assessment and Management Information Systems which are necessary for smooth functioning of the Council were not in place in Press Council of India.

3. System of Physical verification of fixed assets

The physical verification of fixed assets except furniture and fixtures and computer and accessories was conducted by the Council up to 31 March 2012 and no discrepancy was reported.

4. System of physical verification of inventory The physical verification of books and publications, consumables and stationary had been conducted up to 2011-12 and no discrepancy was reported.

5. Regularity in payment of statutory dues

As per accounts no payment over six months in respect of statutory dues was outstanding as on 31 March 2013.

111 Annexure to Management Letter

1. Press Council of India had not prepared its Annual Accounts as per the Uniform Format of Accounts prescribed for Central Autonomous Bodies. Heads of accounts and various schedules having ‘nil’ balances were not shown in the final accounts. Numbers of various schedules were also not in accordance with the Format.

2. Out of ` 585 lakh shown as Sundry Debtors, debts amounting to ` 255 lakh were more than 10 years old. The old outstanding amounts should be reviewed to determine bad and doubtful debt and necessary provisions be made in the accounts 3. The Annual Report of the Council for the year 2011-12 carrying out audit report was stated to be laid in Parliament in March 2013. However, annual report displayed on the website does not include audit report and it has been uploaded separately. Inconsistency may please be rectified and audit report may be included in Annual Reports.

112 BALANCE SHEET As on 31st March 2013 PRESS COUNCIL OF INDIA BALANCE SHEET AS AT 31.03.2013

Schedule Current Year Previous Year LIABILITIES

CAPITAL FUND 1 84,819,526 74,458,837

C.P.F. FUND 2 73,077,459 65,135,223

CURRENT LIABILITIES AND 3 3,891,980 4,135,382 PROVISIONS

TOTAL 161,788,965 143,729,442

ASSETS

FIXED ASSETS 4 7,053,893 6,539,681

INVESTMENTS-FROM EARMARKED 5 75,590,181 68,966,661 FUNDS

CURRENT ASSETS, LOANS, 6 79,144,891 68,223,100 ADVANCES ETC.

TOTAL 161,788,965 143,729,442

Sd/- Sd/- (MARKANDEY KATJU) (VIBHA BHARGAVA) Chairman Secretary Press Council of India Press Council of India

114 PRESS COUNCIL OF INDIA INCOME AND EXPENDITURE ACCOUNT FOR THE YEAR ENDED ON 31.03.2013 INCOME Schedule Current Year Previous Year

Income from Levy Fees & Others 7 11,672,880 10,172,429

Grants from Govt 8 45,769,687 41,054,841

Interest Earned 9 7,476,832 7,362,130

TOTAL(A) 64,919,399 58,589,400

EXPENDITURE

Establishment Expenses 10 41,281,879 41,856,980

Other Administrative Expenses 11 12,197,147 12,096,309

Finance Charges 12 - 29,028

Depreciation (Corresponding to Schedule 5) 2,230,846 1,000,105

TOTAL(B) 55,709,872 54,982,422

Balance being excess of Income over 9,209,527 3,606,978 Expenditure (A-B) - Prior Period Adjustment Cr. (Dr.) (30,129) 274,846 - Transfer to /from General Reserve

SURPLUS/(DEFICIT) CARRIED TO 9,179,398 3,881,824 INCOME & EXPENDITURE A/C

SIGNIFICANT ACCOUNTING 13 POLICIES CONTINGENT LIABILITIES AND 14 NOTES ON ACCOUNTS

Sd/- Sd/- (MARKANDEY KATJU) (VIBHA BHARGAVA) Chairman Secretary Press Council of India Press Council of India

115 PRESS COUNCIL OF INDIA SCHEDULES FORMING PART OF BALANCE SHEET AS AT 31.03.2013 SCHEDULE 1 - CAPITAL FUND Current Year Previous Year A. Capital Fund: Balance as at the beginning of the 11,491,271 7,927,500 year Add: Funds Capitalised During 1,181,291 3,564,142 the Year Add: Amount transferred from Income & Expenditure 1,563,767 - Account (Amount paid towards Acquiring Land In Previous years) 14,236,329 11,491,642 Less: Amount Written Off on - 14,236,329 371 11,491,271 condemned Assets

B. Income & Expenditure Account: Balance as at the beginning of the 62,967,566 59,085,742 year Add/(Deduct): Balance of net 9,179,398 3,881,824 income/(expenditure) transferred from Income and

Expenditure Account Add/(Deduct): Other

adjustement (Please Specify) transferred to Capital Fund towards amount paid for 1,563,767 70,583,197 - 62,967,566 leasehold land in previous years

TOTAL 84,819,526 74,458,837

116 SCHEDULE-2 - C.P.F. FUNDS Current Year Previous Year a) Opening balance of the funds 65,135,223 71,059,432 b) Addition to the Funds: i. Councils’ Contr. To C.P.F. 1,645,102 1,567,975 ii. CPF Advances 1,735,889 iii. Prior period adjustments - 216,216 iv Employees’ Contr. To C.P.F. 8,233,341 7,720,886 Interest on C.P.F. Funds from v 6,205,604 17,819,936 5,359,534 14,432,179 Govt. TOTAL (a+b) 82,955,159 85,491,611

Utilisation/Expenditure towards c) objectives of funds C.P.F. Withdrawls 7,805,901 6,862,800 Final Payments to Outgoing - 12,645,945 Employees Reversal of excess credit of CPF - - in pr. Year CPF Advances 2,071,799 847,643 Recievable from Genral Fund - - A/c. 9,877,700 20,356,388 Net Balance of Fund as at the year 73,077,459 65,135,223 end (a+b-c) SCHEDULE-3 - CURRENT LIABILITIES AND PROVISIONS A. CURRENT LIABILITIES A. Current Liabilities: 1 Advances Received - Advance Levy of Fee 611,474 377,048 - Levy Fee Suspense 115,085 726,559 101,385 478,433

2 Security Deposits 91,500 31,000

3 Unspant Grant 2,343,446 3,221,483

4 Other current Liabilities 217,866 8,187

5 Payable to Heair of Ex employee 512,609 396,279

TOTAL (A) 3,891,980 4,135,382

B. PROVISIONS - -

TOTAL (A+B) 3,891,980 4,135,382

117 SCHEDULE:4 SCHEDULE FORMING PART OF PARTICULARS GROSS BLOCK COST AS ON ADDITION DURING THE SALE/ COST AS 1.4.2012 YEAR TRF. ON UPTO AFTER DURING 31.3.2013 30th SEPT 30th SEPT THE YEAR

AIR CONDITIONERS & 938,085.00 39,523.00 232,821.00 - 1,210,429.00 COOLERS ATTENDANCE 82,000.00 - - - 82,000.00 RECORDING SYSTEM CARS & BICYCLE 2,376,431.00 - - - 2,376,431.00 COMPUTER/ 5,253,335.00 138,598.00 164,813.00 - 5,556,746.00 PERIPHARALS CONFERNECE SYSTEM 27,820.00 - - - 27,820.00 EPABX SYSTEM 258,800.00 - 34,930.00 - 293,730.00 FRANKING MACHINE - - 128,526.00 - 128,526.00 FURNITURE & 4,303,797.00 - 216,536.00 - 4,520,333.00 FIXTURE HEAT CONVECTOR & 37,364.00 - - - 37,364.00 HEATERS LEASE HOLD LAND - - 1,563,767.00 - 1,563,767.00 LIBRARY BOOKS 820,492.43 12,117.00 17,357.00 - 849,966.43 MOBILE PHONES 31,097.00 - 15,240.00 - 46,337.00 REFRIGERATOR 52,535.00 - 39,160.00 - 91,695.00 SOLAR WATER 110,227.00 - - - 110,227.00 HEATING SYSTEM STABELISERS 71,434.00 - - - 71,434.00 TAPE RECORDERS 6,618.00 - - - 6,618.00 TELEVISION 96,366.00 141,670.00 - - 238,036.00 TYPEWRITER & 133,029.00 - - - 133,029.00 DUPLICATOR WATER DISPENCER 44,290.00 - - - 44,290.00

Total 14,643,720.43 331,908.00 2,413,150.00 - 17,388,778.43

118 SCHEDULE:4 BALANCE SHEET AS AT 31.03.2013 DEPRECIATION NET BLOCK RATE OF UPTO FOR THE WRITTEN TOTAL W.D.V. W.D.V. DEPRICIATION 31.3.2012 YEAR BACK 31.3.2013 31.3.2012

15.00% 658,764.00 65,288.00 - 724,052.00 486,377.00 279,321.00

15.00% 48,344.00 5,048.00 - 53,392.00 28,608.00 33,656.00

15.00% 838,937.00 230,624.00 - 1,069,561.00 1,306,870.00 1,537,494.00 60.00% 2,764,173.00 1,626,100.00 - 4,390,273.00 1,166,473.00 2,489,162.00

15.00% 26,904.00 137.00 - 27,041.00 779.00 916.00 15.00% 185,340.00 13,639.00 - 198,979.00 94,751.00 73,460.00 15.00% - 9,639.00 - 9,639.00 118,887.00 10.00% 2,748,683.00 166,338.00 - 2,915,021.00 1,605,312.00 1,555,114.00

15.00% 23,821.00 2,031.00 - 25,852.00 11,512.00 13,543.00

0.00% - - - - 1,563,767.00 15.00% 445,367.43 59,388.00 - 504,755.43 345,211.00 375,125.00 15.00% 7,772.00 4,642.00 - 12,414.00 33,923.00 23,325.00 15.00% 34,287.00 5,674.00 - 39,961.00 51,734.00 18,248.00 15.00% 64,987.00 6,786.00 - 71,773.00 38,454.00 45,240.00

15.00% 49,949.00 3,223.00 - 53,172.00 18,262.00 21,485.00 15.00% 4,574.00 307.00 - 4,881.00 1,737.00 2,044.00 15.00% 59,673.00 26,754.00 - 86,427.00 151,609.00 36,693.00 15.00% 124,322.00 1,306.00 - 125,628.00 7,401.00 8,707.00

15.00% 18,142.00 3,922.00 - 22,064.00 22,226.00 26,148.00

8,104,039.43 2,230,846.00 - 10,334,885.43 7,053,893.00 6,539,681.00

119 SCHEDULE- 5 INVESTMENTS FROM EARMARKED FUNDS

Current Year Previous Year 1. Fixed Deposits with Schedule Banks - Against C.P.F. Fund 67,034,322 61,566,392 - FDR Interest Accrued thereon 8,555,859 75,590,181 7,400,269 68,966,661

TOTAL 75,590,181 68,966,661

120 SCHEDULE 6 - CURRENT ASSETS, LOANS, ADVANCES ETC.,

Current Year Previous Year A. CURRENT ASSETS: 1. Sundry Debtors: - On Account of Levy Fees Debts Outstanding for a period exceeding six 58,499,803 52,155,627 months Others 58,499,803 52,155,627 2. Cash balances in hand (including Postage in Hands and imprest) Imprest Account Balance 10,000 8,708 Postage Stamps in Hands 17 10,017 2,375 11,083 3. Bank Balances: - With Scheduled Banks: Saving Accounts - State Bank of Hyderabad 2,056,117 3,094,532 - General Account - State Bank of Hyderabad 433,994 439,677 - Revolving Account - State Bank of Hyderabad 27,313 114,576 - Levy Fee Account - State Bank of Hyderabad - C.P.F. Account 6,286,470 8,803,894 3,674,145 7,322,930 Deposit Accounts - State Bank of Hyderabad 2,568,554 - 2,079,641 - - Revolving Account - State Bank of Hyderabad 191,786 191,786 - Shashi Tandon - State Bank of Hyderabad 116,330 - - Ramesh Goel - State Bank of Hyderabad 165,881 3,042,551 165,881 2,437,308 - Sushila Devi TOTAL (A) 70,356,265 61,926,948

121 SCHEDULE 6 - (continued) B. LOANS,ADVANCES AND Current Year Previous Year OTHER ASSETS 1 Loans to Staff: - CGHS Advance to 9,500 - Hon’ble Chairman - Cycle Advance 1,625 3,125 - Car Advance 115,774 188,010 - Festival Advance 77,175 70,425 - Housing Building 847,699 747,567 Advance - Scooter Advance 400 1,052,173 400 1,009,527 2 Advances and other amounts recoverable in cash or in kind lor for value to be received: - On Capital Account - - - Prepayments - Advance for Books 12,980 8,340 Periodicals - Advance to Parties 5,343,840 3,421,926 - TA Advance 1,401,977 444,582 - Tax Deducted at 784,724 778,762 Source - Others - Salary Recoverable - - - Other Advances 33,415 200 - LTC Advances - Prepaid AMC 4,079 - C.P.F. Suspense - 7,581,015 - 4,653,810 3 Income Accrued a) On Deposits of 92,167 576,478 Revolving Account b) On Deposits of Sushila 22,887 24,753 Devi (Ex Employee) (includes income due unrealised- Rs…….. c) on Deposits of Shashi 12,110 12,110 Tandon (EX - EMP. ) 4 Deposits with Different 28,274 19,474 Departments TOTAL (B) 8,788,626 6,296,152 TOTAL (A +B) 79,144,890.80 68,223,100

122 SCHEDULE 7 - INCOME FROM LEVY FEES & OTHERS Current Year Previous Year 1 Levy fees received from Newspapers/ Periodicals/News Agencies 5,289,375 4,738,424 Add: Demand raised for - - previos year Add: Advance of Previous - - Years adjusted Add: Fees outstanding for 8,248,550 7,330,965 current Year Less: Fees received for 1,892,899 1,710,478 previous Years Less: Adjustments 11,475 Less: Fees received in advance / suspense 259,601 11,373,950 253,561 10,105,350

2 Others (Specify) - Sale of Waste Papers 12,024 - Profit on Sale of Assets - Fee for Information under 1,660 2,882 Right to Information Act - Income from Advertisment 25,000 62,500 in Souvenir - Others 260,246 1,697 298,930 67,079

TOTAL 11,672,880 10,172,429

SCHEDULE 8 - GRANTS Current Year Previous Year (Irrevocable Grants & Subsidies Received) - Central Government (Ministry of I & B) - Grant Received During the 52,278,517 53,176,762 Year - Add: Unspent Grant for the 3,221,483 23,238 Previous Year 55,500,000 53,200,000 - Less: Grant Utilised for 6,205,576 5,359,534 Interest on C.P.F. Funds - Less: Grant Utilised for Fixed 1,181,291 3,564,142 Assets - Less: Unspent Grant for the 2,343,446 45,769,687 3,221,483 41,054,841 Current Year

TOTAL 45,769,687 41,054,841

123 SCHEDULE 9 - INTEREST EARNED Current Year Previous Year 1 On Term Deposits: a) With Scheduled Banks - CPF Account (trf to General Fund) Interest Received During the Year - Add: Tax Deducted at Source - Less: Related to Previous Years Less: Interest excess booked - reversed in Pr. Year Add: Interest Accrued for the 6,624,542 6,624,542 6,583,741 6,583,741 Year

- Revolving Fund Account Interest Received During the Year - Add: Tax Deducted at Source - Add: Interest Accrued for the 31,843 250,014 Year Less: Related to Previous Years 31,843 - 250,014

- General Fund Account Interest Received During the Year 117,723 Add: Tax Deducted at Source Add: Interest Accrued for the 420,061 Year Less: Related to Previous Years 420,061 117,723

2 On Savings Accounts: a) With Scheduled Banks - General Fund Account 211,760 308,712 - CPF Account (Trf. To General 126,326 58,855 Fund) - Levy Fees Account 34,837 20,803 - Revolving Fund (Loans & 20,771 393,694 15,390 403,760 Advances)

3 On Loans: a) Employees/Staff - Scooter Advance - 4,000 - Cycle Advance - - Housing Building Advance 2,892 2,892 - Fan Advance - - - Motor Car Advance 3,800 6,692 - 6,892

4 Interest on FDR (Ex Employees)

TOTAL 7,476,832 7,362,130

124 SCHEDULE 10 - ESTABLISHMENT EXPENSES Current Year Previous Year a) Salaries and Wages 34,080,470.00 31,939,880.00 b) Arrear of Salaries 1,390,515.00 658,856 .00 d) OTA 25,013.00 16,096 .00 e) Tution Fees Reimbursement 564,928.00 500,094 .00 f) Medical Reimbursement 913,791.00 736,457 .00 g) Bonus 194,909.00 210,393 .00 I) L.T.C. 468,745.00 527,873 .00 j) Encashment of E.L. 785,278.00 2,433,605 .00 k) Contribution to Provident Fund 1,645,130.00 1,567,975 .00 l) Expenses on Employees’ Retirement 289,560.00 3,260,411 .00 and Terminal Benefits m) Traning to Staff (Hindi Karyashala) 4,000.00 5,340 .00 n) Honorarium paid to employees 117,000.00 - o) Gratuity to Staff 802,540.00 - Total 41,281,879.00 41,856,980.00

SCHEDULE 11 - OTHER ADMINISTRATIVE EXPENSES Current Year Previous Year 1 Electricity and Water 1,932,232.00 1,626,132.00 2 Office Expense 366,091.00 351,823.00 3 Insurance 4,662.00 5,940.00 4 Repairs and maintenance 1,379,533.00 2,701,193.00 5 Vehicles Repairs and Maintenance 228,285.00 262,816.00 6 Travelling and conveyance 3,009,901.00 1,172,360.00 Expenses 7 Rent,Rates and Taxes 469,078.00 325,329.00 8 Postage, Telephone and 1,162,926.00 1,008,327.00 Communication Charges 9 Printing and Stationary 1,173,552.00 1,202,609.00 10 Newspapers & Periodicals 136,833.00 114,708.00 11 Liveries to Class IV Staff 27,617.00 59,923.00 12 Hindi Protsahan Award 12,640.00 12,190.00 13 Subscription Expenses 12,200.00 5,544.00 14 Legal & Professional Charges 715,776.00 137,857.00 15 Entertainment 95,015.00 74,494.00 16 Exhibition & Seminar 989,175.00 2,579,534.00 21 Others(specify)- Sundries 8,540.00 139,684.00 24 Staff training Exp. 8,400.00 34,600.00 25 Advertismnet Exp. 268,992.00 281,246.00 26 Cartage & Freight 130.00 - 27 Other Exp.. 195,569.00 - TOTAL 12,197,147.00 12,096,309.00

125 SCHEDULE 12 - FINANCE CHARGES Current Year Previous Year a) On Fixed Loans b) On Other Loans (including - 1,875 Bank Charges) c) Other (specify) d) Interest Paid to Ex -Employee - 27,153

TOTAL - 29,028

126 PRESS COUNCIL OF INDIA SCHEDULE FORMING PART OF THE ACCOUNTS FOR THE YEAR ENDED 31/03/2013

SCHEDULE 13 - SIGNIFICANT ACCOUNTING POLICIES:- 1. Accounting Convention The financial statements are prepared on the basis of historical cost convention unless otherwise stated.

2. Method of Accounting Council is following the accrual method of accounting unless otherwise stated.

3. Investments a) Investments against C.P.F. Fund are classified as earmarked investments b) Investments against Revolving (Loans & Advances) account are treated as current assets. c) Investments are shown at the principal value as increased by the interest accrued thereon.

4. Fixed Assets a) Fixed assets are stated at cost of acquisition inclusive of duties and taxes thereon. Other direct expenses related to acquisition are not capitalized. b) Capital Fund is maintained to denote the cost of fixed assets.

5. Depreciation Depreciation is being charged as per the rates prescribed in the Income Tax Rules at the Following rates i.e. Furniture & Fixture @ 10%, Computer/ Peripherals @ 60% and Other Assets at the general rate @ 15%.

6. Government Grant a) Government Grants are accounted on cash basis. b) Grants utilized toward the addition of fixed assets are transferred to the Capital Fund.

127 c) Grants utilized towards the interest on C.P.F. Fund are transferred to C.P.F. Account. d) Unspent Grant for the year is transferred to Reserve & Surplus to Further use in the next year.

7. Retirement Benefits a) Retirement benefit is accounted on cash basis. No provision for Gratuity payable, leave encashment etc. is made b) The Council is maintaining its own C.P.F. Fund.

Sd/- Sd/- (MARKANDEY KATJU) (VIBHA BHARGAVA) Chairman Secretary Press Council of India Press Council of India

128 PRESS COUNCIL OF INDIA SCHEDULE FORMING PART OF THE ACCOUNTS FOR THE YEAR ENDED 31/03/2013

SCHEDULE 14 - CONTINGENT LIABILITIES & NOTES OF THE ACCOUNTS

A. CONTINGENT LIABILITIES Claim against the Council not acknowledged as debts Rs. NIL (Previous Year NIL)

B. NOTES OF THE ACCOUNTS

1. Current Assets, Loan & Advances a. Balance in the Sundry Debtors, Advances for Books & Periodical and Advance to Parties have not been confirmed from the respective parties/departments b. In the opinion of the management of the Council, the other current assets, loans & advances have a realizable value equal at least to the amount shown in the Balance Sheet, in the ordinary course of business.

2. Provision for Taxation In view of the income of the Council being exempt from tax, no provision for taxation has been made.

3. Corresponding figures for the previous year have been regrouped/ rearranged, wherever necessary.

Sd/- Sd/- (MARKANDEY KATJU) (VIBHA BHARGAVA) Chairman Secretary Press Council of India Press Council of India

129 PRESS COUNCIL RECEIPTS AND PAYMENTS FOR RECEIPTS CURRENT YEAR PREVIOUS YEAR I. Opening Balance a) Cash in hand (Imprest Account) 8,708 10,000 b) Bank Balances - General Fund 3,094,532 6,523 - Levy of Fees Account 114,576 451,987 - Revolving Fund (Loan & 439,677 5,349 Advance) - C.P.F. Account 3,674,145 7,322,930 7,513,754 7,977,613 c) Postage Stamps in Hand 2,375 1,366

II. Grants Received a) From Government of India 52,278,517 53,176,762 (Minsitry of I & B)

III. Interest Received a) On Bank deposits - Term Deposits 5,887,991 10,191,597 - Saving Accounts 3,93,694 6,281,685 4,03,760 10,595,357 b) Loans, Advances etc. 6,692 6,892

IV. Other Income (specify)

Levy fees received from Newspapers/ Periodicals/News Agencies 5,277,900 4,738,424 Others except Profit on Sale of Asset 2,93,176 67,079 Arrears of Six Pay Comm. - - Recovered Sale of Asset - 327

V. Receipts from Matured Investments Encashment of FDRs

130 OF INDIA THE YEAR ENDED ON 31.03.2013 PAYMENTS CURRENT YEAR PREVIOUS YEAR I. Expenses a) Establishment Expenses 41,019,103.00 41,856,980 (Corresponding to Schedule 10) b) Aministrative Exprenses 10,945,899 11,981,224 (Correspondent to Schedule 11) c) Paid towards Expenses Payable - 327,713

II. Payments made against funds Agt. Revolving Fund (Loans & Advances) - Disbursements of Loans - Festival Advance 123,750 123,750 - Scooter Advance - 3,750 - Moter Car Advance 240,440 750,000 - CGHS advance to Hon’ble 12,000 376,190 - 877,500 Chairman

Agt. C.P.F. Fund - Advance / Withdrawl to Staff 9,877,700 9,052,790 - Final Payments to Outgoing Employees - 9,877,700 12,645,945 21,698,735

III. Investments and deposits made a) Out Earmarked/Endowment funds - Agt. Revolving Fund (Loans & - 1,549,170 Advances) - Agt. C.P.F. Fund 19,743,498 19,743,498 54,534,649 56,083,819

b) Out of own funds (Investments-Others) 20,000,000 15,000,000 Towards Employee 116,330 20,116,330 191,786 15,191,786

IV. Expenditure on Fixed Assets & Capital work-in-progress a) Purchase of Fixed Assets - Library Books 29,474 73,099 -Mobile Phones 15,240 - - Air Conditioners& Coolers 232,821 - - Telephone Instrument - 19,797 - Furniture & Others 216,536 3,471,246 - Computer & Perpharals 171,313 -

-Epbax System 34,930 -

131 RECEIPTS CURRENT YEAR PREVIOUS YEAR - Revolving Fund Account - 1,891,939 - C.P.F. Account 14,275,568 56,385,032 - General Fund 20,000,000 15,000,000 Towards Employee - 34,275,568 - 73,276,971

VI. Any Other receipts a) Refund of Securities Deposit with Department - - - Computer Maintenance - - - - b) Recovery of Advances - Housing Building Advance 140,308 43,236 - From Parties 60,501 - - Festival Advances 117,000 113,325 - Scooter Advances - 5,000 - Motor Car Advance 72,236 90,936 - Cycle Advance 1,500 625 - Table Fan Advance - - - CGHS advance to Hon’ble 2,500 394,045 253,122 Chairman

c) Recovery from Employee 6,454 1,579 Towards Liability Payable - 8,187 C.P.F. Contr. and refund loan 9,969,230 9,975,684 9,063,233 9,072,999

d) Amount trf from General Fund to C.P.F. Fund on account of: - Council’s Contribution to PF 1,645,102 1,567,975

- Interest on Employees’ Cont. 4,128,132 3,544,633 - Interest on Council’s Cont. 2,077,472 1,814,901 - Others - 7,850,706 - 6,927,509

TOTAL 123,967,986 166,104,421

132 RECEIPTS CURRENT YEAR PREVIOUS YEAR -Franking Machine 128,526 - -Refrigirator 39,160 868,000 - 3,564,142 b) Expenditure on Capital

V. Refund of surplus money/Loans a) To the Government of India - - b) Excess of Levy fee Refunded - - c) Excess Recovery Loan Refunded - - - -

VI. Finance Charges (Interest) - 1,875

VII. Other Payments (Specify) a) Amount trf from General Fund to C.P.F. Fund on account of: - Interest on Employees’ Cont. 4,128,132 3,544,633 - Interest on Council’s Cont. 2,077,472 1,814,901

- Others - 6,205,604 - 5,359,534

b) Advance - for Books & Periodicals 12,980 8,340 - for Capital Assets - - - for Others 5,988,771 6,001,751 1,818,560 1,826,900 d) Salary Excess paid to Staff - 200 e) Excess trf from C.P.F. Fund to - - General Fund

VIII. Closing Balances a) Cash in hand (Imprest Account) 10,000 8,708 b) Bank Balances - General Fund 2,056,117 3,094,532 - Levy of Fees Account 27,313 114,576 - Revolving Fund (Loan & Advance) 433,994 439,677 - C.P.F. Account 6,286,470 8,803,894 3,674,145 7,322,930 c) Postage Stamps in Hand 17 2,375

123,967,986 166,104,421 Sd/- Sd/- (MARKANDEY KATJU) (VIBHA BHARGAVA) Chairman Secretary Press Council of India Press Council of India

133 Annexure - A Statement of Cases April 1, 2012-March 31, 2013

S. No. Particulars Section-13 Section-14 Total 1. Cases pending as on March 31, 144 672 816 2012 2. Cases filed between April 1, 175 876 1051 2012 to March 31, 2013 3. Cases adjudicated between 35 154 189 April 1, 2012 to March 31, 2013 4. Cases directly reported to the - 1 1 Council 5. Cases decided under the proviso 124 683 807 to Regulation 5(1) of Inquiry Regulations, 1979 between April 1, 2012 to March 31, 2013 6. Cases under process as on 160 710 870 March 31, 2013

134 Annexure - B The Gazette of India

EXTRAORDINARY

Part II-Section 3-Sub-section (ii)

PUBLISHED BY AUTHORITY

No. 2020 NEW DELHI, THURSDAY, OCTOBER 11, 2012/ASVINA 19, 1934

MINISTRY OF INFORMATION AND BROADCASTING

S.O. 2451 (E) – In pursuance of the provisions of sub-section (3) and (5) of Section 5 read with sub-section (6) of Section 6 of the Press Council Act, 1978 (37 of 1978), the Central Government hereby notifies the name of Shri Ramchander Rao N., Advocate Member, Bar Council of India, nominated under clause (d) of Sub-Section (3) of Section 5 thereof as member to the Press Council of India who shall hold office up to 14th day of June, 2014 (i.e. the remaining period of office of the member in whose place he is nominated), and accordingly for the said purpose, makes the following amendment in the notification of the Government of India in the Ministry of Information and Broadcasting, number S.O. 140 (E), dated the 15th June, 2011 published in Part II, Section 3, sub-section (ii) of the Gazette of India, Extraordinary, dated the 15th June, 2011 namely:-

In the said notification, for serial number 21 and the entries relating thereto, the following serial number and entries shall be substituted, namely:-

“21. Shri Ramchander Rao N Advocate, Member Bar Council of India Nominated by Bar Council of India”

Address: 12-13-336/1, Street No. 2, Lane No. 6, Behind Sanghi College, Tarnaka, Secundrabad

(File No. 4/8/2010-PRESS) ANURAG SRIVASTAVA, Jt. Secy.

135 Annexure - C THE PRESS COUNCIL OF INDIA

NOTIFICATION New Delhi, 1st November, 2012

REGULATIONS

No.4/18/2011-PCI (Admn.) – In exercise of the powers conferred by clause (d) of Section 26 of the Press Council Act, 1978 (37 of 1978) read with sub-section (3) of Section 18 of the said Act, the Press Council of India, hereby makes the following amendment regulations, namely –

1. Short title and commencement. – These regulations may be called the Press Council (Delegation of Financial Powers) Amendment Regulations, 2012. These shall come into force on the date of their publication in the official Gazette.

2. Definitions – In these regulations, unless the context otherwise requires;

(a) Appropriation – Appropriation means the assignment to meet specified expenditure of funds included in a primary unit of appropriation.

(b) Primary Unit of Appropriation – Means a primary unit of appropriation referred to in Regulation 5 hereof.

(c) Reappropriation – Means the transfer of funds from the primary unit of appropriation to another such unit.

(d) Recurring Expenditure – Means the expenditure which is incurred at periodical intervals.

(e) Non-recurring Expenditure – Means Expenditure other than recurring expenditure.

(f) Contingent Expenditure – Means all incidental and other expenditure on stores, which is incurred for the management of office or the working of establishment.

(g) Miscellaneous Expenditure – Means all expenditure other than expenditure falling under the category of pay and allowances of the

136 officers and staff of the Council, leave salary, pensions, contingencies, contributions, works, tools and plants and the like.

(h) “Head of the Department” – in relation to an office or offices under his administrative control means an authority, i.e. Chairman of the Council and includes such other authority or person as the Council may, by order, specify, as a Head of the Department.

(i) “Head of Office” – means Secretary to the Council, declared as such by the Chairman of the Council for the purpose of these rules:

Provided that not more than one such Officer shall be declared as Head of Office in respect of the same office or establishment of the Council, unless such office or establishment is distinctly separate from one another.

(3) Effect of Sanction – No expenditure shall be incurred against sanction unless funds are made available to meet the expenditure or liability by valid appropriation or re-appropriation.

(4) Provision of Funds – The funds of the Council consist of the Grant-in-aid paid by the Central Government after adjusting the revenue collected by the Council from Newspapers/News Agencies etc. in the form of levy of fees under Section 16 of the Press Council Act, 1978.

(5) Primary Units of Appropriation – A grant or appropriation is distributed under the following sub-heads or standard objects which constitute the primary unit of appropriation and is accounted for under that head.

I. Primary Units: 1. Salaries & Wages

(a) Medical Reimbursement (b) Tuition fees reimbursement (c) Children Education allowance (d) Washing allowance (e) Compensatory allowances (f) Cash handling allowance for cashiers (g) Transport allowance (h) Dearness allowance

137 (i) Overtime allowance (j) Child care allowance (k) Cycle allowance (l) Split Duty allowance (m) Subsistence allowance (n) Special allowances (o) Fee and Honorarium (p) Special Pay (q) Bonus (r) LTC (s) Gratuities/ Terminal dues/ encashment of leave of LTC’s etc. (t) All other allowances applicable to Central Government employees (u) Training of staff

2. Travel expenses with daily allowance

(a) Travel expenses of Chairman National & International (b) Travel expenses of Members National & International (c) Travel expenses of employees (d) Conveyance Allowance (e) Conveyance hire for local journeys (f) Daily allowance (g) Sitting fees for members (h) Deputation and Travel abroad of officials

3. Office Expenses

(a) Purchase of Assets (b) General expenses

4. Payments for professionals and special services including hiring of security agencies etc.

5. Rents, Rates and Taxes.

6. Books and Publications

7. Advertising, Sales and Publicity expenses.

138 8. Contributory Provident Fund

(a) Employer’s (Matching) Contribution (b) Interest on Employer’s Contribution (c) Interest on Employee’s Contribution

9. Contributions or subsidies.

10. Scholarships and Stipends.

11. Hospitality expenses or Sumptuary allowances.

12. Major & Minor Works

13. Machinery and Equipment or tools and Plant

14. Motor Vehicles

15. Maintenance of Machinery, Office Equipments and Motor vehicles.

16. Investments or loans.

17. Materials and Supplies.

18. Interest or Dividends.

19. Depreciations.

20. Inter Account Transfers.

21. Write off losses.

22. Suspense

23. Revolving fund (Loans and Advances)

24. Other charges.

II. Controlling officers for various purposes: A. Salary & Wages and other allowances : (i) In case of Chairman & Secretary Full Powers Chairman (ii) In case of Officers & Staff Full Powers Chairman Upto Rs.1 lakh Head of Office

139 B. T.A./ D.A. : (i) In case of Chairman & Secretary Full Powers Chairman (ii) In case of Members, PCI & others Full Powers Chairman Upto Rs.1 lakh Head of Office (iii) In case of Officers & Staff Full Powers Chairman Upto Rs.1 lakh Head of Office

C. Loan &Advances : (i) HBA & Motor Vehicles Full powers Chairman (ii) All Other advances Full Powers Chairman Upto Rs.1 lakh Head of Office

D. Contributory Provident Fund : (i) Terminal payments of CPF of employees Full powers Chairman (ii) Part Final Withdrawal Full powers Head of Office (iii) Advances Full powers Head of Office

E. Investments: (i) General investments Full Powers Chairman (ii) Short term investments of surplus funds Full powers Head of Office

F. All the other purposes: Full powers Chairman

G. Drawing and Disbursing Officer: (i) Such officer of the Council as authorised by the Chairman shall be the Drawing and Disbursing Officer, so however, the sanctioning and the Drawing and Disbursing Officer shall not be the same person. (ii) Maintenance of cash book and accounts shall be the responsibility of the S.O. (Cash) certified by the Drawing and Disbursing Officer of the Council. (iii) Payment to members to be made by cheques/NEFT. Payment by cheques on account of contingent expenditure (Cheque signing authority as decided by the Head of the Department). (iv) Payment to officers and staff to be made by cheques/ bank remittances/ cash.

140 6. Appropriation and re-appropriation – General Restrictions (a) Funds shall not be appropriated or re-appropriated to meet expenditure which has not been sanctioned by an authority competent to sanction it. (b) Funds shall not be appropriated or re-appropriated to meet expenditure on a new service or a new scheme not contemplated in the budget unless approved by the Competent Authority.

7. Creation of Posts – The Council, the Chairman or the Secretary, as the case may be, shall have the power to create the posts specified in Schedule I and II here of read with the Press Council of India (Terms & Conditions of Service of the employees) Regulations 2002 as amended from time to time. 8. Abolition of Posts – An authority may sanction the abolition of a post which it is competent to create. 9. Powers of Subordinate Authorities – Subject to the provisions of these regulations in relation to creation of permanent posts, creation of temporary posts, incurring of contingent miscellaneous expenditure and write off of losses etc. the authorities mentioned in Schedules I to VI shall exercise the powers specified against each. 10. Power as to Relaxation –The Council being satisfied that it is necessary or expedient so to do notwithstanding anything contained in these regulations the Council may, by general or special order, relax any provision of these regulations. (a) all or any provisions of these regulations in relation to any authority; (b) delegate to any authority powers in addition to the powers delegated under these regulations; (c) reduce the powers delegated to any authority to such extent as may be specified in the order; (d) impose conditions in addition to those specified by these regulations; and (e) for reasons to be specified, withdraw from any authority all or any of the powers delegated under these regulations.

11. Residuary Financial Powers – All Financial powers, not specifically delegated to any authority by these regulations shall vest in the Council.

141 12. Repeal – The Press Council (Delegation of Financial Powers) Regulations, 1983 notified on 26th August, 1983 is hereby repealed. Provided, however, that such repeal shall not affect anything done, any order issued, any action taken or any power exercised before the coming into force of these regulations and all sanctions, orders, declarations or other action taken before the commencement of these regulations, shall be deemed to have been issued, taken and exercised as the case may be under these regulations and shall be honoured and would continue to be operative and in force even after the commencement of these regulations, unless specifically cancelled or revoked by the authority who accorded such sanction or issued such order or took such action or exercised such power. 13. Interpretation : If any difficulty arises regarding the interpretation of these regulations, the same shall be referred to the Council which shall decide the same in consultation with the provisions enshrined in Delegation of Financial Powers Rules/General Financial Rules/Central Treasury Rules etc. as amended from time to time by the GoI for Central Government.

142 SCHEDULE-I Class of Posts which may be created Powers to Create Permanent Posts Powers to Create Posts in Group ‘A’ PostsServices in subjectGroup ‘A’ to provisions in the Press Council of India and(Terms Conditions of Service the Employees) Regulations, 2002 and its subsequent amendments. Posts in GroupServices ‘B’ subject to provisions in the Press Council of India and(Terms Conditions of Service the Employees) Regulations, 2002 and its subsequent amendments. Posts in GroupServices ‘C’ subject to provisions in the Press Council of India and(Terms Conditions of Service the Employees) Regulations, 2002 and its subsequent amendments. Council Chairman Secretary Authority

143 Any Specified Period Any Specified Period Any Specified Period Period for which the sanctioned Posts may be SCHEDULE II Powers to Create Temporary Posts Temporary Powers to Create Posts in Group ‘C’ Services Posts in Group ‘C’ Posts in Group ‘B’ Services Posts in Group ‘B’ Posts in Group ‘A’ Services Posts in Group ‘A’ Class of Posts which may be created Secretary Chairman Council Authority

144 Any Specified Period Any Specified Period Any Specified Period Period for which the sanctioned Posts may be Non-recurring Upto Rs.1 lakh in each case Upto Rs.50,000/- in each case Upto Rs.30,000/- in each case Above Rs.1 lakh and upto Rs.5 each case lakhs in Full Powers Extent of Powers Extent of Power of Re-appropriation Extent of Power SCHEDULE II SCHEDULE IV SCHEDULE III Powers to Create Temporary Posts Temporary Powers to Create Powers of Incurring Contingent Expenditure Powers of Appropriation and Re-appropriation Appropriation Powers of Full Powers Recurring Upto Rs.1 lakh in each case Upto Rs.40,000 in each case Upto Rs.20,000 in each case Above Rs.1 lakh and upto Rs.5 lakhs in each case Full Powers Posts in Group ‘C’ Services Posts in Group ‘C’ Posts in Group ‘B’ Services Posts in Group ‘B’ Posts in Group ‘A’ Services Posts in Group ‘A’ Class of Posts which may be created Secretary Chairman Council Secretary Secretary Dy. U.S in charge Accounts of Admn./ Chairman Council Authority Authority Authority Chairman

145

Non-recurring Full Powers AboveRs.1 lakh and upto Rs.5 lakhs ineach case Upto Rs.1 lakh in each case may be sanctioned in each individual item SCHEDULE V SCHEDULE Maximum limit upto which the expenditure (light refreshment & hospitality) (light refreshment Powers to Incur Miscellaneous Expenditure Powers to Incur Incurring of expenditure by authorities on entertainment Incurring of expenditure Recurring Full Powers Above Rs.1 lakh and upto Rs.5 lakhs in each case Upto Rs.1 lakh in each case Authority Council Chairman Secretary

146 Monetary limit upto which the loss may loss the which upto limitMonetary written off in each case Rs.3 lakhs in each case for losses not due to theft, fraud or negligence. Full Powers Rs.3 lakhs in each case Full Powers Rs.5 lakhs in each case Full Powers Full Powers Rs.3 lakhs in each case Full Powers Authority Chairman Council Chairman Council Chairman Deputy Secretary Council Chairman Secretary SCHEDULE VI SCHEDULE Powers to Write off Losses Write Powers to The powers specified in this Schedule may be exercised by a Competent Authority provided that :- The powers specified in this Schedule may be exercised by a Competent the loss does not disclose a defect in the regulations or procedure the amendment of which requires the approval of the Council. action. there has not been any serious negligence on the part of any officer/staff of the Council which may call for disciplinary disciplinary for call may which Council the of officer/staff any of part the on negligence serious any been not has there

Nature of Loss Nature of Books/ magazines/ newspapers etc. off Write Irrecoverable losses of (including loss of stamps) stores of Public money Loss of revenue or irrecoverable loans and advances Condemnation of motor vehicle and cycle Condemnation of bicycle other stores of value the in depreciation & Deficiencies than a motor vehicle or motor cycle, included in the stock and other accounts (a) (b)

147 Authority Deputy Secretary Under Secretary incharge Accounts Admn./ of Secretary Deputy Secretary Under Secretary incharge Accounts Admn./ of Secretary Deputy Secretary Secretary in each case Deputy Secretary Deputy Secretary Under Secretary incharge Accounts Admn./ of Monetary limit upto which expenditure can be incurred within the limits specified in Schedule IV Full Powers (Purchase) Full Powers (Maintenance) Full Powers Upto Rs.2500/- in each case Upto Rs.1000/- in each case Full Powers Upto Rs.10,000/- in each case Full Powers Upto Rs.10,000/- in each case Maintenance: Upto Rs.5000/-p.m. in each case Upto Rs.5000/-p.m. in each case ANNEXURE TO SCHEDULE IV TO ANNEXURE Items of expenditure Bicycle Conveyance hire Electric, gas & water Charges Fixtures and Furniture-purchase repairs Sl. No. 01. 02. 03. 04.

148 Secretary Deputy Secretary Secretary Deputy Secretary Secretary Deputy Secretary Chairman Secretary Chairman Secretary Council Chairman Full Powers Upto Rs.10,000/- in each case Full Powers Upto Rs.10,000/- in each case Full Powers Upto Rs.10,000/- in each case Full Powers Full Powers Full Powers Full Powers Full Powers Rs. 5 lakhs Freight and demurrage/ wharfage charges: (i) Freight Charges Hiring of all furnitures, fixtures electronic/ electrical and mechanical equipments for office residence cum functioning including the official of Chairman office Legal Charges: Advocate, Pleaders, (i) Fees to barristers, arbitrators & umpires Vehicles: Motor (i) Purchase with accessories (ii) Demurrage/ wharfage Charges (ii) Other Legal Charges: (a) Law suites or prosecution Arbitration cases (b) (iii) Reimbursement legal expenses incurred by officers and staff of the Council in cases arising duties. out of their official 06. 07. 08. 05.

149 Secretary Deputy Secretary Under Secretary incharge Accounts Admn./ of Secretary Deputy Secretary Under Secretary incharge Accounts Admn./ of Under Secretary incharge Accounts Admn./ of Chairman Secretary Deputy Secretary Under Secretary incharge Accounts Admn./ of Recurring: Rs.1 lakh in each case Non-Recurring: Rs.1 lakh in each case Recurring: Rs.40,000 in each case Non-Recurring: Rs.50,000 in each case On the pattern of rates/ scales already approved by the competent authority Full Powers Upto Rs.40,000/- in each case Upto Rs.20,000/- in each case Full Powers Full Powers Rs.1 lakh in each case Upto Rs.40,000/- in each case Upto Rs.20,000/- in each case (ii) Maintenance, upkeep, repairs, Fuelling of vehicles (Petrol/Diesel/CNG etc.) Municipal rates and taxes All kinds of postal and other charges (i) incurred for issue of letters, telegrams, documents etc. through Department of posts GoI or private courier services. (i) Execution of petty works and special repairs to Govt/ self-owned building, including sanitary fitting, water-supply and electric/ civil installations in such building and repairs to such installations. (ii) Commission on various items by (ii) Commission on various items by Department of posts GoI. 09. 10. 11.

150 Council Chairman Secretary Deputy Secretary Secretary Deputy Secretary Deputy Secretary Under Secretary incharge Accounts Admn./ of Secretary Deputy Secretary Chairman Secretary Deputy Secretary Council Chairman Secretary Chairman Secretary Deputy Secretary Full Powers Rs.3 lakhs in each case Rs.1 lakh in each case Upto Rs.20,000/- in each case Full Powers Upto Rs.20,000/- in each case Full Powers Upto Rs.200/- in each case Full Powers Upto Rs.40,000/- in each case Full Powers Rs.1 lakh in each case Rs.20,000/- in each case Full Powers Rs.5 lakhs in each case Rs.1 lakh in each case Full Powers Full Powers Rs.20,000/- in each case (ii) Repairs & alterations to hired / requisitioned and self-owned buildings Printing & Binding: (a) Printing Publications Publications (i) Official accommodation rent/ licence fee, (i) Office repairs, maintenance etc. Repairs to and removal of machinery (where the expenditure is not of capital nature) (b) Binding Publications (ii) Non-official residence-cum- (ii) Maintenance of official of Chairman office 12. 13. 14. 15.

151 Chairman Secretary Chairman Secretary Secretary Secretary Deputy Secretary Under Secretary incharge Accounts Admn./ of Secretary Deputy Secretary Under Secretary incharge Accounts Admn./ of Secretary Deputy Secretary Under Secretary incharge Accounts Admn./ of Secretary Deputy Secretary Under Secretary incharge Accounts Admn./ of Full Powers Rs.1 lakh in each case Full Powers Rs.1 lakh in each case Full Powers Full Powers Upto Rs.5000/- in each case Upto Rs.2000/- in each case Full Powers Upto Rs.20,000/- in each case Upto Rs.10,000/- in each case Full Powers Upto Rs.20,000/- in each case Upto Rs.10,000/- in each case Full Powers Upto Rs.10,000/- in each case Upto Rs.5,000/- in each case (i) Rewards, fees, bonus etc. Contingency payments like salary for Consultants/ daily wagers/ casual labourers/ security agencies etc. functioning like (a) Purchase of items for office stationery/stores/crockeries/computer related items etc. Supply of uniforms, badges and other articles of clothing etc. and washing allowances (ii) Honorarium re-imbursements within the prescribed Staff limits specified by Government of India (b) Local purchase of rubber stamps and office seals washing allowances etc. Stiching charges/ 17. 18. 19. 16.

152 Secretary Secretary Deputy Secretary Council Chairman Secretary Secretary Deputy Secretary Under Secretary incharge Accounts Admn./ of Deputy Secretary Under Secretary incharge Accounts Admn./ of Chairman Secretary Full Powers Full Powers Upto Rs.20,000/- in each case Full Powers (Purchase) Rs.5 lakhs in each case (Purchase) Rs.1 lakh in each case (Purchase) Full Powers (Maintenance) Upto Rs.20,000/- in each case (Maintenance) Upto Rs.10,000/- in each case (Maintenance) Full Powers Upto Rs.5,000/- Rs.5 lakhs in each case Rs.1 lakh in each case Installation of telephones/ internet connections with devices & other communication devices. Purchase of all electronic/ electrical and mechanical equipments for office functioning including the official residence cum office of Chairman. charges Parking/in respectToll of all official vehicles Insurance of Council property/ assets/ office equipments etc. Bill payments, Maintenance of equipments etc. 21. 22. 23. 20.

153 Chairman Secretary Secretary Secretary Secretary (Vibha Bhargava) (Vibha Press Council of India Rs.5 lakhs in each case Rs.1 lakh in each case Full Powers Full Powers Purchase of books Purchase of newspapers/magazines & periodicals (iii) Purchase of e-publications

24.

154 Annexure-D Judgement Dated 14.9.2012 of the Supreme Court of India in the Matter of Troop Movement

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 6508 OF 2012 (SPECIAL LEAVE PETITION(C.) NO. 23869 OF 2012)

PRESS COUNCIL OF INDIA ....APPELLANT

VERSUS UNION OF INDIA & ANR. ....RESPONDENTS

(WITH C.A.NO.6509 OF 2012@ S.L.P. (C)NO.23868/2012)

ORDER 1. Leave granted.

2. These appeals are directed against the judgment and order dated 10.4.2012 passed by the High Court of Judicature at Allahabad in Writ Petition No.2685/ 2012 (PIL Civil).

3. Learned Additional Solicitor General appears and represents respondent no.1 - Union of India.

4. We have heard Shri P.P. Rao, learned senior counsel for the appellant in Civil Appeal @ S.L.P. (C) No. 23869/2012 and Smt. Madhavi Divan, learned counsel for the appellant in the connected Civil Appeal and also the learned Additional Solicitor General.

5. Shri P.P. Rao, learned senior counsel appearing for the appellant has taken us through the prayers in the Writ Petition, which read as under:

“(a) Issue a writ of Mandamus directing the Respondent, viz. Union of India through the Principal Secretary, Prime Minister’s Office to conduct an enquiry (preferably an enquiry, by an Independent Judicial Commission)

155 in the news article dated 4/4/2012 published in “The Indian Express” attached as Annexure No.1 in case this Hon’ble Court seems to agree (in consultation with the Respondent) with the point of view presented by the petitioner in this Writ Petition and to take suitable action against such persons as found guilty in this enquiry report as per the various provisions of law as mentioned in para 29 of this Writ Petition and/or any other suitable provisions in accordance with the enquiry report, in case this Hon’ble Court (in consultation with the Respondent, the Union of India through the Principal Secretary, Prime Minister’s Office) seems to agree with it.

(b) Issue a writ of Mandamus directing the Respondent, viz. Union of India through the Principal Secretary, Prime Minister’s Office to definitely conduct an enquiry (preferably an enquiry by an Independent Judicial Commission) - as regards the news article dated 4.4.2012 published in “The Sunday Guardian” attached as Annexure No. 5 and to take suitable legal action as per the various provisions of law as mentioned in para 29 of this Writ Petition and/or any other suitable provisions in accordance with the enquiry report, against all such persons as found guilty in this enquiry report.”

6. After taking us through the aforesaid prayers, the learned senior counsel has taken us through the order passed by the High Court. The relevant portion of the order reads as under:

“.....We think it appropriate to direct the Secretary, Home Affairs, and the Secretary, Information & Broadcasting, Government of India and the Principal Secretary (Home), Government of U.P., to ensure that there is no reporting/release of any news item by the Print as well as Electronic Media relating to the subject matter, namely, the movement of troops as contained in the accompanying annexures.”

7. Having gone through the prayers in the Writ Petition and the orders passed by the High Court, we are of the opinion that the High Court ought not to have issued the aforesaid direction for the sole and simple reason that the prayers in the writ petition were entirely different from the order passed by the High Court and the order passed by the High Court as aforesaid is also not in consonance with the prayers so made. On

156 this short ground alone, the appeals are required to be allowed and they are allowed accordingly and the orders passed by the High Court is set aside. We clarify that we have not’ gone in to other issues raised by the appellants in these appeals.

Ordered accordingly.

...... J. (H.L. DATTU) ...... J.

(CHANDRAMAULI KR. PRASAD)

NEW DELHI; SEPTEMBER 14, 2012

157 Annexure - E Guidelines for Protection of Child Rights

Guidelines drawn up for reporting on Children: - Do not further stigmatize any child; avoid categorisations or descriptions that expose a child to negative reprisals including additional physical or psychological harm, or to lifelong abuse, discrimination or rejection by their local communities. - Always provide an accurate context for the child’s story or image. - Always change the name and obscure the visual identity of any child who is identified as: a. A victim of sexual abuse or exploitation, b. A perpetrator of physical or sexual abuse, c. HIV positive, or living with AIDS, unless the child, a parent or a guardian gives fully informed consent, d. Charged or convicted of a crime. In certain circumstances of risk or potential risk of harm or retribution, change the name and obscure the visual identity of any child who is identified as: a. A current or former child combatant, b. An asylum seeker, a refugee or an internal displaced person, - In certain cases, using a child’s identity - their name and/or recognizable image - is in the child’s best interests. However, when the child’s identity is used, they must still be protected against harm and supported through any stigmatization or reprisals. Some examples of these special cases are: a. When a child initiates contact with the reporter wanting to exercise their right to freedom of expression and their right to have their opinion heard. b. When a child is part of a sustained programme of activism or social mobilization and wants to be so identified. c. When a child is engaged in a psychosocial programme and claiming their name and identity is part of their healthy development. - Confirm the accuracy of what the child has to say, either with other children or an adult, preferably with both. - When in doubt about whether a child is at risk, report on the general situation for children rather than on an individual child, no matter how newsworthy the story.

158 Annexure - F Graph of Adjudications 2012-2013

Againstthe Authorities 18.42%

Against the Press 81.58%

Against the Authorities *Against the Press

54.28% 45.16%

40.00%

21.29% 20.65% 12.90%

2.86% 2.86%

ABCD ABCD

Foot Note: A: Upheld B: Rejected C: Assurance/Settled/Amends D: Dropped for Non-pursuance/Sub-Judice/Lack of Substance

*Including one matter directly placed before the Council

159 Annexure - G Subject Index of Adjudications in Complaints Regarding Threats to Press Freedom (2012-2013)

Sl. Parties Date of Category No. Decision Harassment of Newsmen 1 Complaint of Shri Sandeep Kumar Shukla, April 26, Dismissed Correspondent, Black Tiger, Hindi Daily, 2012 Khiri, U.P. against Shri K.P. Singh, Forest Ranger, Gola Range, Khiri, U.P. 2 Complaint of Shri Kamlesh Trivedi, ,, Dismissed Correspondent, Rahat Times, Lakhimpur Khiri, U.P. against Shri Yogender Singh, S.H.O., Police Station-Gola, Khiri, U.P. 3 Complaint of Ali Mohd., Journalist, Apradh ,, Dismissed Today, Sitapur, U.P. against Shri R.P. Sahi, SHO, Sardar Harmeet Singh and other local police authorities, Sitapur, U.P. 4 Complaint of Choudhary Ved Prakash ,, Dismissed Chahar, City Chief, Aaj, Agra, Uttar Pradesh against local police authorities and anti-social elements. 5 Complaint of Shri Anil Shukla, Reporter, ,, Dismissed Aaj, Lakhimpur Khiri, Uttar Pradesh with against the Forest Officer, South Forest observation Department, Khiri, U.P. 6 Complaint of Shri Anand Singh, District ,, Dismissed Representative, Aaj, Hindi Dainik, Faizabad, Uttar Pradesh against District Magistrate and Superintendent of Police, Ambedkar Nagar, Uttar Pradesh. 7 Complaint of Shri Lallan Prasad Gupta, ,, Dismissed Correspondent, Amar Ujala, Mau, U.P. with against anti-social elements. observation

160 Sl. Parties Date of Category No. Decision 8 Complaint of Shri Vijay Prakash, April 26, Dismissed Representative, Sharp Reporter, Azamgarh, 2012 U.P. against the Superintendent of Police, Azamgarh, U.P. 9 Complaint of Shri Naresh Kumar Gupta, ,, Dismissed Correspondent, Maya Awadh, Hardoi, Uttar Pradesh against Chief Medical Officer, District Hospital, Hardoi, Uttar Pradesh. 10 Complaint of Shri Ramanand Singh ,, Dismissed Chandel, District Correspondent, Saral Sahara, Unnao, Uttar Pradesh against the Superintendent of Police, Unnao, Uttar Pradesh. 11 Complaint of Shri C.S. Kalra, Editor, ,, Dismissed University Today, New Delhi against the Vice- Chancellor, Jamia Millia Islamia, New Delhi

12 Complaint of Shri Omprakash Baghel, Editor, Closed Duniya Ek Nazar Main, , U.P. against anti-social elements, Aligarh, U.P. 13 Suo-motu inquiry initiated against the ,, Further Government of Uttar Pradesh regarding action arrest of Muzaffarnagar based journalist. M dropped with Directions 14 Suo-motu inquiry initiated against the ,, Government of Uttar Pradesh regarding arrest of Muzaffarnagar based journalist. 15 Complaint of Shri Ashok Rawat, Chief ,, Dismissed Editor, Braj Kranti, Hathras, Uttar Pradesh against the Divisional Joint Education Director, Hathras, Uttar Pradesh. 16 Complaint of Shri Rajiv Yadav, Journalist, ,, Dismissed Amar Ujala, District Farukhabad, U.P. against local police authorities. Adjudications Merged 161 Sl. Parties Date of Category No. Decision 17 Complaint of Shri Shashi Bhushan Dubey, April 26, Dismissed Bureau Chief, Vindhya Bharat, Mirzapur, 2012 with drawn Uttar Pradesh against the local police authorities and liquor mafia, Mirzapur, U.P. 18 Complaint of Shri Sudhir Jain, Journalist, ,, Dismissed Swadesh, Jhansi, Uttar Pradesh against Additional District Magistrate, Mauranipur and SHO, Mauranipur, Jhansi, Uttar Pradesh. 19 Complaint of Shri Ganesh Kumar Shukla, ,, Dismissed Reporter, Adarsh Panchayati Raj, Chitrakoot, Uttar Pradesh against (i) Shri Akhilesh Pandey, CO, (ii) Shri Mahesh Singh, SHO, Rajapur, (iii) Shri Nandlal Singh, SHO, Pahari, U.P. 20 Complaint of Shri P. Dillibabu Reddy, Editor, December Dismissed Asha Jyothi & Vice-President, Andhra 21, 2012 Pradesh Working Journalists Federation, Chitoor (A.P.) against Shri I.Y.R. Krishna Rao, Execuitive Officer, Tirumala Tirupati Devastanams, Tirupati. 21 Complaint of Md. Hashim Azad Khan, ,, Dismissed Chief Editor, Azad Par Julm, Kanpur, Uttar Pradesh against Shri Sanjay Tiwari, Assistant Regional Transport Officer, Kanpur, Uttar Pradesh. 22 Complaint of Shri Suresh Gandhi, ,, Dismissed – Correspondent, Dainik Hindustan and Settled Dainik Aaj Tak Channel, Bhadoi, Uttar Pradesh against Shri R.K. Singh, Inspector and Shri Rambali Saroj, Chowki, Nai Bazar, Bhadoi, U.P. 23 Complaint of Shri Santosh Kumar Dixit, ,, Closed upon Correspondent, Amar Ujala, Jaunpur (U.P.) assurance against Shri Ram Chander Gautam, S.H.O., Sarpatahan, Jaunpur, U.P.

162 Sl. Parties Date of Category No. Decision 24 Complaint of Shri Sanjay Kumar ‘Punnu’ December Closed Journalist and President, Shobha Club, 21, 2012 for non- Rohtas (Bihar) against Shri Ranjit Mishra, pursuance City Superintendent of Police, Darbange, Bihar.

25 Complaint of Shri Ramanand Soni, Bureau February 18, Dismissed Chief, Dainik Patrika, Bhind, M.P. against 2013 Shri Chanchal Shekhar, Superintendent of Police, Bhind, M.P. 26 Complaint of Shri Jai Prakash Bhardwaj, ,, Dismissed Correspondent, Chetna Manch, Sahibabad, with Gaziabad against Shri Chandev Ram Jatav, observations Ration Dealer, Sahibabad, Ghaziabad. 27 Complaint of Shri Amlendu Upadhyay, ,, Dismissed Assistant- Editor, Swabhiman Times, Ghaziabad, U.P. against Shri Banvari lal Kushwaha, CMD, Garima Milk Industries and Swabhiman Times and Shri Nirmalendu Saha, Editor, Swabhiman Times, Delhi. Facilities to the Press 28 Complaint of Shri Shishir Kumar Gupta, April 26, Dismissed Publisher, Hukoomat Express, Kanth 2012 Road, Moradabad, Uttar Pradesh against the DAVP, New Delhi. 29 Complaint of Dr. H.H. Majid Hussain, ,, Proceedings Chief Editor/Publisher, Daily Urdu Action, Dropped Bhopal against the DAVP 30 Complaint of Shri Veerbhadrappa Lingappa August 27, Dismisssed Jherkunte, Editor, Jantadhish, Latur, 2012 Maharashtra against the SDM, Udgir and RNI

163 Sl. Parties Date of Category No. Decision 31 Complaint of Dr. Ravi Rastogi, Editor/ December 21, Disposed Publisher, Himalaya Aur Hindustan, 2012 off with Rishikesh, Uttarakhand against the Director directions General, Information and Public Relations Department, Government of Uttarakhand, Dehradun 32 Complaint of Shri Jai Prakash Tamkoria, February 18, Disposed Publisher/Correspondent,Chhattisgarh 2013 off with Vaibhav, Korba, Chhattisgarh against observations The Directorate, Information and Public Relations Department, Government of Chhattisgarh, Raipur, Chhattisgarh 33 Complaint of Shri Subhash Jain, Chief ,, Disposed off Editor, Aaj Ki Janta, Indore, M.P. against Department of Public Relations, Government of Madhya Pradesh, M.P. 34 Complaint of Shri Raghunath Singh, Dy. ,, Observations General Manager, Rajasthan Patrika Pvt. Ltd., Jaipur against the Mayor, Jaipur Municipal Corporation, Jaipur. 35 Complaint of Shri Raghunath Singh, Dy. ,, Closed General Manager, Rajasthan Patrika Pvt. Ltd., Jaipur against I&PRD, Government of Madhya Pradesh, Bhopal.

164 Annexure- H Subject Index of Adjudications in Complaints Filed Against the Press (2012-2013)

Sl. Parties Date of Category No. Decision Principles and Publication 1 Complaint of Chairman, Employment August 27, Upheld Promotion Council of Indian Personnel, 2012 Mumbai against the Editor, Global Jobs (Times of India), Mumbai 2 Complaint of Chairman, Employment ,, Upheld Promotion Council of Indian Personnel, M Mumbai against the Editor, Assignment Abroad Times, Mumbai

3 Complaint of Chairman, Employment ,, Upheld Promotion Council of Indian Personnel, Mumbai against the Editor, , Mumbai

4 Complaint of Ms. Suchita Kumbhar, General ,, Dismissed Secretary, Network by People Living with HIV & AIDS, Mumbai against the Editor, Mid Day, Mumbai

5 Complaint of Shri Narayan S. Navti, Joint Chief ,, Dismissed Electoral Officer, Panaji, Goa against the Editor, Navprabha, Panaji, Goa

6 Complaint of Shri Abu Asim Azmi, (Ex-M.P.) ,, Dismissed and then MLA, Maharashtra, Mumbai against the Editor, The Urdu Times, Mumbai

______Adjudications Merged

165 Sl. Parties Date of Category No. Decision

7 Complaint of Shri P.P. Kapur, Haryana December 21, Closed State Convenor, Labour Organization IFTU, 2012 Haryana against the Editor, Punjab Kesari, Jalandhar

8 Complaint of Shri P.P. Kapur, Haryana M ,, ,, State Convenor, Labour Organization IFTU, Haryana against the Editor, Dainik Bhaskar, Panipat

Complaint of Shri P.P. Kapur, Haryana 9 State Convenor, Labour Organization IFTU, ,, ,, Haryana against the Editor, Dainik Jagran, Panipat

10 Complaint of Shri Shamsher Singh, State ,, Dismissed General Secretay, Indian Justice Party, Ambala, Haryana against the Editor, Punjab Kesari, Ambala Cantt., Haryana 11 Complaint of Shri Lokesh Kumar Malik, ,, Closed Advocate, Sonepat, Haryana against the Editor, Dainik Bhaskar, Panipat, Haryana 12 Complaint of Shri N. Konda Reddy, Indian ,, Dismissed National Congress Worker, Kadapa District, A.P. against the Editor, Sakshi Daily, Hyderabad, A.P. 13 Complaint of Prof. M.K. Vasantha, Chairman, ,, Dismissed Akashdeep Enclave Residence Welfare Society (AERWS), Roorkee, Uttar Pradesh against the Editor, Dainik Jagran, Haridwar

Adjudications Merged

166 Sl. Parties Date of Category No. Decision

14 Suo-motu action on reference from Election December 21, Censured Commission of India against Dainik Hindustan 2012 for publication of allegedly ‘Paid News’ during election in the grab of news 15 Suo-motu action on reference from Election ,, Censured Commission of India against Dainik Jagran, for publication of allegedly ‘Paid News’ during election in the grab of news 16 Suo-motu action on reference from Election ,, Cautioned Commission of India against for publication of allegedly ‘Paid News’ during election in the grab of news 17 Suo-motu action on reference from Election ,, Censured Commission of India against Aaj, for publication of allegedly ‘Paid News’ during M election in the grab of news 18 Suo-motu action on reference from Election ,, Censured Commission of India against Rashtriya Sahara for publication of allegedly ‘Paid News’ during election in the grab of news 19 Suo-motu action on reference from Election ,, Censured Commission of India against The Hindustan Times for publication of allegedly ‘Paid News’ during election in the grab of news 20 Suo-motu action on reference from Election ,, Censured Commission of India against Purvanchal Ki Raah for publication of allegedly ‘Paid News’ during election in the grab of news 21 Suo-motu action on reference from Election ,, Censured Commission of India against Vyapar Times for publication of allegedly ‘Paid News’ during election in the grab of news

Adjudications Merged

167 Sl. Parties Date of Category No. Decision 22 Complaint of Shri Sushanta Swain, Orissa December 21, Dismissed against the Editor, , Bhubaneswar, 2012 Orissa 23 Complaint of The President, NRI Group ,, Dismissed Housing Palam Vihar, Condominium, Gurgaon, Haryana against the Editor, The Hindustan Times, New Delhi 24 Complaint of Shri Aroon Kumar Sen, ,, Dismissed New Delhi and others against the Editor, Community Samvada, New Delhi 25 Complaint of Shri Ravinder Dwivedi, ,, Dismissed National President, Anti Corruption Committee, Thane against the Editor, Ananda Bazar Patrika, Kolkata 26 Complaint of Shri Ratnesh Kumar Pathak, ,, Dismissed Advocate, Patna, Bihar against the Editor, Rashtriya Sahara, Patna, Bihar 27 Complaint of Shri Riyaz Ahmed Khan, ,, Dismissed Advocate, Badayun against the Editor, Health Plus, Delhi 28 Complaint of Shri Ramesh Pakhale, Indore, February 18, Dismissed M.P. against the Editor, Patrika, Indore, MP 2013 29 Complaint of Shri Onkar Singh, Brahma ,, Disposed Complex, Balaganj, Mandsaur, M.P. against off with the Editor, Dashpur Darshan, Mandsaur, observations M.P. 30 Complaint of Shri Manmeet Singh Goindi, ,, Dismissed Administrator, Sports Authority of India, Dr. Karni Singh Shooting Range, New Delhi against the Editor, Hindustan Times, New Delhi 31 Complaint of Shri Anil Subramanium, ,, Dismissed Under Secretary to Government of India, Ministry of Mines, New Delhi against the Editor, Real Politik, English Magazine, New Delhi

168 Sl. Parties Date of Category No. Decision 32 Complaint of Shri Asgar Hussain, February 18, Dismissed Muzaffarnagar, Uttar Pradesh against 2013 the Editor, Dainik Jagran, Meerut, Uttar Pradesh Press and Defamation 33 Complaint of Shri Mahender Tripathi, April 26, Sub-judice Chairman, Press Club Ayodhya, Faizabad, 2012 U.P. against the Editor, Shri Ram Janam Bhumi, Faizabad, U.P. 34 Complaint of Shri Vimal Chandra Srivastava, ,, Dismissed Managing Director, Uttar Pradesh Minorities, Financial and Development Coporation Ltd. Alpsankhyak Vittya Avam Vikas Nigam Ltd., Lucknow, U.P. against the Editor, Daily News Activist, Lucknow, Uttar Pradesh 35 Complaint of Shri Syed Mustafa Husain ,, Dismissed Naqvi “Aseef Jaisi”, Lucknow, against the Editor, Avadhnama, Lucknow, U.P. 36 Complaint of Shri Ram Bahadur, Lecturer ,, Dismissed Rampyare Shiv Shankar Inter College, Bahraich, U.P. against the Editor, Hindustan, Lucknow 37 Complaint of Shri A.K. Yadav, Managing ,, Direction Director, Ordnance Equipment Factory, (to publish Kanpur, Uttar Pradesh against the Editor, version) Dainik Hindustan, Kanpur, U.P. 38 Complaint of Dr. Vijay Agarwal, Secretary/ ,, Dismissed Director, Education Council of India, Lucknow, Uttar Pradesh against the Editor, Dainik Hindustan, Patna, Bihar. 39 Complaint of Shri R.B. Gupte, Secretary/ ,, Dismissed Registrar, Debts Recovery Tribunal, Lucknow, Ministry of Finance, Government of India, Department of Financial Services against the Editor, Voice of Lucknow, Lucknow, U.P.

169 Sl. Parties Date of Category No. Decision 40 Complaint of Shri Shivam Sharma, April 26, Directions Advocate, Lucknow against the Editor, 2012 India Today, Magazine, New Delhi

41 Complaint of Dr. J.N. Pandey, Chairman, Central Women’s College of Education, Lucknow, Uttar Pradesh against the Editor, ,, Dismissed Amar Ujala, Uttar Pradesh.

42 Complaint of Dr. J.N. Pandey, Chairman, M ,, Dismissed Central Women’s College of Education, Lucknow, Uttar Pradesh against the Editor, ,, Dismissed Hindustan, Uttar Pradesh. 43 Complaint of Dr. J.N. Pandey, Chairman, ,, Dismissed Central Women’s College of Education, Lucknow, Uttar Pradesh against the Editor, Dainik Jagran, Uttar Pradesh.

44 Complaint of Shri Kanubhai Jethabhai Desai, August 27, Censured Editor/ Owner/Publisher/Printer, Hello Khelaru 2012 weekly, Mehsana, Gujarat against the Editor, Divya Bhaskar, Ahmedabad 45 Complaint of Dr. Lisa Warden, Director, ,, Dismissed DOGSTOP, Ahmedabad, Gujarat against the for non- Editor, Ahmedabad Mirror, Gujarat pursuance 46 Complaint of Shri Yusuf Hakim, Chairman, ,, Dismissed Iqraa Charitable Foundation, Ahmedabad for non- against the Editor, Ahmedabad Mirror, pursuance Ahmedabad, Gujarat 47 Complaint of Ms. Nicky R. Singh, Rajkot, ,, Dismissed Gujarat against the Editor, Sanj Samachar, for non- Rajkot, Gujarat pursuance

______Adjudications Merged

170 Sl. Parties Date of Category No. Decision 48 Complaint of Shri Dharmesh Thakkorbhai August 27, Dismissed Patel, Surat, Gujarat against the Editor, Jang- 2012 for non- e-Gujarat, Gujarat pursuance 49 Complaint of the Chief Executive Officer, ,, Withdrawn Ichalkaranji Mahila Sahakari Bank Limited Kolhapur, Maharashtra, against the Editor, Daily Lokmat, Kohlapur, Maharashtra 50 Complaint of Shri Ravinder Dwivedi, National ,, Disposed President, Anti Corruption Committee, Thane, off with Maharashtra against the Editor, , directions Mumbai 51 Complaint of Shri Sandesh D. Karkhanis, ,, Dismissed Thane, Maharashtra against the Editor, Loksatta, Maharashtra 52 Complaint of Shri Sandesh D. Karkhanis, ,, Thane, Maharashtra against the Editor, M Devoid of Sakaal,Maharashtra merits 53 Complaint of Shri Sandesh D. Karkhanis, ,, Thane, Maharashtra against the Editor , Maharashtra 54 Complaint of Shri Jai Prakash Gupta, Chartered ,, Dismissed- Accountant, Nagpur against the Editor, Sales Being Tax Review, Mumbai settled 55 Complaint of M/s Fullerton Indian Credit Co. ,, Censured Ltd., Mumbai against the Editor, Singrauli Ka Tufan, Singrauli, M.P. 56 Complaint of Shri Dilip Kumar Gokulchand ,, Dismissed Sananda, MLA, Khamgaon Constituency, Buldhana, Maharashtra against the Editor, Prashnakal, Evening Daily, Maharashtra ______Adjudications Merged

171 Sl. Parties Date of Category No. Decision 57 Complaint of Shri Sunil Madhusudan August 27, Admonished Golkonda, President, The Barshi City 2012 Goldsmith Association, Barshi, Solapur, Maharashtra against the Editor, Barshi Uday, Solapur, Maharashtra 58 Complaint of Shri Quari Mohd. Shahnawaz ,, withdrawn Quadri Rizvi, Thane, Maharashtra against the Editor, Ek Aur Jung, Ulhasnagar, Maharashtra 59 Complaint of Shri Sanjay Sanyal, AGM ,, Dismissed (HR), Nuclear Power Corporation of India for non- Ltd., Thane, Maharashtra against the Editor, pursuance Jagat Bharti, Thane, Maharashtra 60 Complaint of Ms. Irene Dhar Malik, Mumbai Dismissed against the Editor, Mumbai Mirror, Mumbai for non- pursuance 61 Complaint of Shri Om Prakash, Secretary, December 21, Censured Information Technology, Rural Development, 2012 Panchayati Raj and Cooperation, Government of Uttarakhand against the Editor, Shivalik Blitz, Dehradun, Uttarakhand 62 Complaint of Col. Sanjay Dikshit, ,, Censured Colonal General Staff, Northern Comd GS (IW) and Shri K. Skandan, Joint Secretary (K),Ministry of Home Affairs against the Editor, , Jammu (J&K) M 63 Complaint of Col. Sanjay Dikshit, ,, Censured Colonal General Staff, Northern Comd GS (IW) and Shri K. Skandan, Joint Secretary (K),Ministry of Home Affairs against the Editor, Kashmir Times, Jammu (J&K) Adjudications Merged

172 Sl. Parties Date of Category No. Decision 64 Complaint of Col. Sushil Mann, Colonel December 21, Censured General Staff, Northern Comd GS (IW) and 2012 against the Editor, Kashmir Times, Jammu 65 Complaint of Shri Amrik Singh, DIG ,, Closed with (Retd.), Moga, Punjab against the Editor, observation The Tribune, Chandigarh 66 Complaint of Shri Sanjiv Chaturvedi, ,, Dismissed IFS, Divisional Forest Officer (P), Hissar, Haryana against the Editor, The Tribune, Chandigarh 67 Complaint of Shri Sanjiv Chaturvedi, ,, Dismissed IFS, Divisional Forest Officer (P), Hissar, Haryana against the Editor, Amar Ujala, Chandigarh

68 Complaint of Shri R.N. Manchanda, Dismissed Spokesperson, Sales Tax Department, Government of Haryana, Sonepat, Haryana against the Editor, Dainik Bhaskar, Panipat 69 Complaint of Shri R. N. Manchanda, ,, Dismissed Spokesperson, Sales Tax Department, Governmnt of Haryana, Sonepat, Haryana against the Editor, Dainik Jagran, Panipat 70 Complaint of Shri Vaidya Jagjit Singh, ,, Dismissed Chandigarh Ayurvedic Centre, Chandigarh against the Editor, Dainik Jagran, Jalandhar 71 Complaint of the Registrar, Shri Mata ,, Rejected Vaishno Devi University, Katra against the Managing Editor and Reporter, Early Times, Jammu 72 Complaint of Shri Abhishek Jain, IAS, ,, Dismissed Deputy Commissioner, Hamirpur District, Hamirpur H.P. against the Editor, Aap Ka Faisla, Hamirpur, H.P.

173 Sl. Parties Date of Category No. Decision 73 Complaint of Shri V.K. Javad, Thalasserry, December 21, Closed – Kerala against the Editor, Chandrika Daily, 2012 Settled & Kerala withdrawn 74 Complaint of Ms. Pooja Bandu Patil, ,, Censured Karnataka against Shri M.D. Mulla, Press Reporter and the Editor, , Marathi Daily, Kolhapur, Maharashtra 75 Complaint of Ms. Annamma Verghese, ,, Sub-judice Kottayam against the Editor, Zymin Ryotu, Nellore 76 Complaint of Prof. Y.R. Hara Gopal Reddy, ,, Censured Ex-Vice Chancellor, Acharya Nagarjuna University Hyderabad against the Editor, , T.V. Channel Hyderabad 77 Complaint of the Registrar, Acharya ,, Censured Nagarjuna University, Guntur, A.P. against the Editor, Andhra Jyothi, Hyderabad 78 Complaint of Shri Ram Sewak Verma, Dismissed Lucknow against the Editor, Dainik Hindustan, Lucknow M 79 Complaint of Shri Ram Sewak Verma, ,, Censured Lucknow against the Editor, Amar Ujala, Lucknow 80 Complaint of Dr. Jagdish K. Dadhich ,, Censured (S.E.O.), Mumbai against the Editor, Mid- Day, Mumbai

81 Complaint of Lt. Col. A.B. Sawarkar, Retd. ,, Dismissed Secretary, Army Welfare Cooperative Housing Society, Pune against the Editor, Daily News & Analysis, Pune Edition, Pune Adjudications Merged

174 Sl. Parties Date of Category No. Decision 82 Complaint of Ms. M.C. Borwankar, December 21, Upheld Commissioner of Police, Pune, 2012 Maharashtra against the Editor, Pune Mirror, Pune M 83 Complaint of Ms. M.C. Borwankar, ,, Upheld Commissioner of Police, Pune, Maharashtra against the Editor, Mumbai Mirror, Mumbai 84 Complaint of M/s Orbit Corporation Ltd, ,, Dismissed Mumbai against the Editor, Business India Magazine, Mumbai 85 Complaint of Shri Naveen Jindal, M.P. ,, Disposed off (Lok Sabha) against the Editor, Punjab settled Kesari, New Delhi 86 Complaint of Shri M. R. Premi, Sub Inspector ,, Dismissed (Retd.), U.P. Police Mohaba, U.P. against the Editor, , Kanpur, Uttar Pradesh 87 Complaint of Smt. Manorama Ghildiyal, ,, Closed Principal, Primary School, Kathola, Pauri Garhwal, Uttarakhand against the Editor, Dainik Jagran, Dehradun, Uttarakhand 88 Complaint of Shri Satish Kumar Sharma, ,, Sub-judice Gwalior against the Editor, Rajasthan Patrika, Gwalior, Madhya Pradesh 89 Complaint of Dr. R.K. Kotnala, Secretary, ,, Dismissed Society for Scientific Values, New Delhi against the Editor, The Times of India, New Delhi 90 Complaint of Shri Ravinder Dwivedi, ,, Dismissed National President, Anti-Corruption Committee, Thane, Maharashtra against the Editor, Tarun Bharat, Kolhapur Adjudications Merged

175 Sl. Parties Date of Category No. Decision 91 Complaint of Shri Ravinder Dwivedi, December 21, Dismissed National President, Anti Corruption 2012 Committee, Thane, Maharashtra against the Editor, Bhoomi, Jamnagar, Gujarat 92 Complaint of Shri Parshuram M. Diwanad, ,, Censured Pune, Maharashtra against the Editor, Swarvihar, Pune, Maharashtra 93 Complaint of Dr. Prabhjot Kaur, Guru Nanak ,, Disposed Hospital, Karnal, Haryana against the Editor, off with The Tribune, Chandigarh directions 94 Complaint of Shri Inderpal Singh, Registrar, ,, Disposed off Engineering College Cell, Directorate of Technical Education and Industrial Training, Chandigarh against the Editor, Hindustan Times, Mohali 95 Complaint of Shri Manoj Monga, Autorised ,, Admonished/ Signatory, M/s. Videocon Industries Limited, censured Okhla, New Delhi against the Editor, Raj Express, Bhopal, M.P.

96 Complaint of Shri Jawahar Shankar Kumar, ,, Disposed Executive President, Bihar State Stenographer/ off with Clerk Union, Samastipur, Bihar against the observations Editor, Prabhat Khabar, Patna, Bihar 97 Complaint of Shri Vijay Kumar Ojha, Deputy ,, Disposed off Director, Department of Mines and Geology, Ranchi, Jharkhand against the Editor, Dainik Jagran, Ranchi, Jharkhand 98 Complaint of Dr. Ashok Kumar Tomar, ,, Dismissed Retired Principal, National Inter College, Muzaffarnagar, Uttar Pradesh against the Editor, Dainik Jagran, Jhansi

176 Sl. Parties Date of Category No. Decision 99 Complaint of the Principal, Kendriya December 21, Proceedings Vidyalaya, Malkangiri (Orissa) against the 2012 Dropped – Editor, Nai Dunia, Raipur, Madhya Pradesh settled 100 Complaint of Smt. Laxmipriya Behera, ,, Sub-judice Jajpur, Orissa against the Editor, Sambad, Bhubaneshwar, Orissa 101 Complaint of Shri Dilip Kumar Singh, Vice ,, Admonished President, Heritage Institute of Hotel & Tourism, Agra against the Editor, Aj, Agra 102 Complaint of Shri Inderjeet Bishnoi, Member, ,, Dismissed District Council, Sriganganagar against the settled Editor, Sandhya Border Times, Sriganganagar, Rajasthan 103 Complaint of Shri Yushu Narang, ,, Dismissed Hanumangarh, Rajasthan against the Editor, Kanoon Ke Rakhwale, Hanumangarh, Rajasthan 104 Complaint of Shri K.L. Soni, Ex-District ,, Admonished/ President, BJP Unit, Mandsaur, Madhya Censure Pradesh against the Editor, Guru Express, Mandsaur, M.P. 105 Complaint of Rameshwar Soni, Member, February 18, Dismissed Patient Welfare Committee, Kushi, District 2013 Dhar, M.P. against the editor, Nai Duniya, Indore, M.P. 106 Complaint of Shri Smriti Ratan Mishr, ,, Dismissed BRCC, District Education Centre, Dhar, M.P. against the Editor, City Blast, Indore, M.P. M 107 Complaint of Shri Smriti Ratan Mishr, ,, Withdrawn BRCC, District Education Centre, Dhar, M.P. against the Editor, Sandhya Dainik 6 PM, Indore, M.P.

Adjudications Merged

177 Sl. Parties Date of Category No. Decision 108 Complaint of Dr. Beena Singh, Head, February 18, Dismissed Department of Zoology, Government 2013 of K.R.G., PG College, Gwalior, Madhya Pradesh against the Editor, People’s Samachar, M.P. 109 Complaint of Dr. Beena Singh, ,, Dismissed Head, Department of Zoology, Government of K.R.G., PG College, Gwalior, Madhya Pradesh against M the Editor, Dainik Bhaskar, M.P. 110 Complaint of Dr. Beena Singh, Head, ,, Dismissed Department of Zoology, Government of K.R.G., PG College, Gwalior, Madhya Pradesh against the Editor, Rajasthan Patrika, M.P. 111 Complaint of Dr. Beena Singh, Head, ,, Dismissed Department of Zoology, Government of K.R.G., PG College, Gwalior, Madhya Pradesh against the Editor, Nai Duniya, M.P. 112 Complaint of Shri Srikant Choudhary, Civil ,, Dismissed Judge (Retd.), Damoh, M.P. against the Editor, Dainik Bhaskar, Bhopal, Madhya Pradesh 113 Complaint of Shri Daya Shankar Shrivastava, ,, Admonished/ Additional Programme Officer, MGNREGA, Censured Dindori, M.P. against the Editor, Raj Express, Jabalpur, M.P. 114 Complaint of Dr. Anil Kumar Bhargava, ,, Disposed Bhopal, M.P. against the Editor, Shabd Dot of with Com, Bhopal, M.P. directions

115 Complaint of Shri Balchand Jain, Kareli, Disposed off District Narsingh Pur, M.P. against the Editor, , Jabalpur, M.P. Adjudications Merged 178 Sl. Parties Date of Category No. Decision 116 Complaint of Shri S. Faheem Ahmed, February 18, Dismissed General Manager, Government Opium 2013 & Alkaloid Works, Ministry of Finance, Department of Revenue, Neemuch, M.P. against the Editor, Dainik Bhaskar, Ratlam, Madhya Pradesh 117 Complaint of Shri Akhilesh Jha, IPS, ,, Withdrawn Superintendent of Police, Panchmadhi, M.P., Panchmadhi, M.P. against the Editor, Raj Express, Madhya Pradesh 118 Complaint of Shri P.V. Sudhakaran, ,, Dismissed Administrator, Universal Institute of Legal Studies, Bhopal, M.P. against the Editor, The Hindustan Times, Bhopal, Madhya Pradesh 119 Complaint of Smt. Neeta Jain, Advocate, ,, Dismissed President, Water Works Department, Durg, Chhattisgarh against the Editor, Dainik Navbharat, Raipur, Chhattisgarh 120 Complaint of Dr. Devender Singh, Senior ,, Dismissed Medical Officer, District Hospital, Sidhi, Madhya Pradesh against the Editor, Navbharat, Bhopal, M.P. 121 Complaint of Shri Sukhdev Singh Jangid, ,, Dismissed President, Akhil Bhartiya Jangid Brahmin Mahasabha, Indore, M.P. against the Editor, Lord Vishvakarma International, Tonk, Rajasthan 122 Complaint of Shri N. K. Jain, Bhopal, M.P. ,, Warned against the Editor, Raj Express, Bhopal, M.P. 123 Complaint of Shri Umashankar Prasad Thakur ,, Dismissed and others of Patna, Bihar against the Editor, Aaj, Patna

179 Sl. Parties Date of Category No. Decision 124 Complaint of Shri Lalit Srivastava, Kanpur, February 18, Dismissed U.P. against the Editor, Aaj, Kanpur, U.P. 2013 125 Complaint of Shri Ajay Pal Singh, Telecom ,, Dismissed District Manager, Bharat Sanchar Nigam Limited, Fatehpur, Uttar Pradesh against the Editor, Swatantra Bharat, Kanpur, U.P. 126 Complaint of Shri Narender Kumar Parmar, ,, Dismissed Programme Assistant and Shri Shyam Sunder Solanki, Additional District Planning Coordinator, Common Education Programme, Jalore Rajasthan against the Editor, Divya Damak, Jalore, Rajasthan

127 Complaint of Dr. Chanderpal, District Basic ,, Dismissed Education Officer, Mau, U.P. against the Editor, Dainik Manyavar, Jaunpur, Varanasi, U.P. 128 Complaint of Shri Avdesh Kumar Singh, ,, Dismissed Gurgaon (through his advocate) against the Editor, Dainik Jagran, Gurgaon, Haryana 129 Complaint of Shri Sudhir Kumar Sharma @ ,, Dismissed Kalu, District Muzaffarnagar, U.P. against the Editor, Thanvi Muzaffarnagar Times, Muzaffarnagar, Uttar Pradesh 130 Complaint of Shri Sukhdev Sharma, President, ,, Dismissed Jangid Bhraman Mahasabha, Chandni Chowk, Delhi against the Editor, Sanjha Lokswami, Ujjain, Indore, Madhya Pradesh 131 Complaint of Dr. Sudha Singh, Chairman, ,, Disposed off Unique Institute of Management & Technology & Education, Gaziabad, Uttar Pradesh against the Editor, Dainik Janvani, Meerut, U.P.

180 Sl. Parties Date of Category No. Decision 132 Complaint of Shri Prashant Gautam, Patrakar, February 18, Dismissed Pratyakshi/Coordinator, Bahujan Samaj 2013 Party, Meerut, U.P. against the Editor, Dainik Janvani, Meerut, U.P. 133 Compliant of M/s Unicorn Securities Pvt. Ltd., ,, Admonished New Delhi against the Editor, Karneshwar, Karnal 134 Complaint of Shri R.S. Rana, General ,, Dismissed Secretary, International Spiritual Organization, New Delhi against the Editor, Sandesh, Gujarati Daily, Gujarat 135 Complaint of Shri K.V. Singh, Advocate/ ,, Dismissed Manager, Smt. Tasvir Kunwar Girls Inter College, Jalaun, Uttar Pradesh against the Editor, Dainik Swatantra Bharat, Kanpur, Uttar Pradesh. 136 Complaint of Dr. Vivek Chaurasiya, Senior Settled Child Specialist, Farukhabad, Uttar Pradesh against the Editor, Dainik Jagran, Kanpur, Uttar Pradesh 137 Complaint of Shri Naresh Kumar Verma, ,, Dismissed District Basic Education Officer, Firozabad, Uttar Pradesh against the Editor, Samay Bhaskar, Firozabad, Uttar Pradesh 138 Complaint of Shri Surya Prakash Pandey, ,, Dismissed Assistant Teacher, Kisan Inter College, Rasulpur, District Basti, Uttar Pradesh against the Editor, Swatantra Chetna, Gorakhpur, Uttar Pradesh 139 Complaint of Shri Ramdayal through its ,, Dismissed Advocate Sy. Zulfikar Husnain Naqvi, Advocate, Fatehpur, Uttar Pradesh against the Editor, Amar Ujala, Kanpur, Uttar Pradesh

181 Sl. Parties Date of Category No. Decision 140 Complaint of Shri Malkhe Dikshit, Senior February 18, Settled Sub-Inspector, Police Station, Mahroni, 2013 Lalitpur, U.P. against the Editor, Lalit Mashal, Lalitpur, U.P. 141 Complaint of Shri Amitabh Thakur, IPS ,, Disposed off Officer, UP Cadre & Dr. Nutan Thakur, Lucknow against the Editor, Dainik Jagran, Lucknow 142 Complaint of Shri Bhawanji Ramji Gala, ,, Disposed off Mumbai against the Editor, , Mumbai Press and Morality 143 Complaint of Shri B.M. Rai, Mumbai against August 27, Dismissed the Editor, Mumbai Mirror, Mumbai 2012 for non- pursuance 144 Complaint of Ms. Pratiba Naitthani, Mumbai ,, Dismissed against the Editor, Outlook, New Delhi for non- pursuance 145 Complaint of Shri Vikram Emmanuel Amolik, ,, Dismissed Advocate, Pune against the Editor, The Times of India, Pune 146 Complaint of Ms. Anita Verma Singh, ,, Closed Member Secretary, Uttar Pradesh State Women Commission, Lucknow, Uttar Pradesh against the Editor, The Times of India, Lucknow, Uttar Pradesh

147 Complaint of Shri Nalin Kant Vajpai, General February 18, Censured Secretary, M.P.W.I.U., M.P. against the Editor, 2013 Balaghat Today, Balaghat, M.P. 148 Complaint of Dr. Arvind Jain, Bhopal, M.P. ,, Closed against the Editor, Dainik Bhaskar, Bhopal, M.P.

182 Sl. Parties Date of Category No. Decision Communal, Casteist, Anti National and Anti Religious Writings 149 Complaint of Dr. I.A. Khan Anzana, President, August 27, Censured Khankaha Sufi Didar Shah Chishti, Thane, 2012 Maharashtra against the Editor, Saptparni, Gorakhpur, Uttar Pradesh

150 Complaint of Shri Sohan Das, State Secretary, December 21, Disposed Haryana Gyan Vigyan Samiti, Rohtak, Haryana 2012 off against the Editor, Dainik Jagran, Hissar, Haryana 151 Complaint of Shri Binod Kumar Sinha, Dhanbad, ,, Dismissed Jharkhand against the Editor, Public Magazine, New Delhi 152 Complaint of Shri S.C. Kapoor, Wing Commander ,, Dismissed (Retd.), Noida, U.P. against the Editor, The Times of India, New Delhi

153 Complaint of Shri Rubabudin Sheikh, Ujjain, February 18, Censured M.P. against the Editor, Swadesh, Indore, M.P. 2013 154 Complaint of Prof. N. K. Jain, Registrar, Doctor ,, Dismissed Harisingh Gour Vishwavidyalaya, Sagar, M.P. with against the Editor, Dainik Jagran, Bhopal, M.P. observation

183 Annexure-I Index of Principles Recorded in Adjudications in Complaints Regarding Threats to Press Freedom

Facilities to the Press

Merely because of the fact of being member of same family another should not be denied advertisement. Shri Jai Prakash Tamkoria, Editor/Publisher, Dainik Chhattisgarh Vaibhav, Korba, Chhattisgarh versus Director, Information & Public Relations Department, Government of Chhattisgarh, Raipur

184 Annexure-J Index of Principles Recorded in Adjudications in Complaints Filed Against the Press

Principles and Publication The press as a custodian of public’s interest is expected to keep the guidelines drawn up by the Press Council w.r.t. the press accepting overseas employment advertisements. It is also necessary that not just the editorial but even the ad department of the newspaper be attuned to these provisions. (The Chairman, Employment Promotion Council of Indian Personnel, Mumbai versus the Editors, Global Jobs (Subsidiary Times of India), Assignment Abroad Times and Mumbai Mirror, Mumbai, Complaint No. 3, PCI Review, October, 2012)

Press and Defamation It is the duty of the press to make fair criticism of any institution in public interest but at the same time it has to abide by the journalistic norms in making proper verification from the concerned quarter before publication of any material. (M/s Fullerton Indian Credit Co. Ltd., Mumbai versus The Editor, Singrauli Ka Tufan, Singrauli, Madhya Pradesh, Complaint No. 16 , PCI Review, October, 2012)

185 Annexure-K Subject Index of Orders Passed by the Pressand Registration Appellate Board (2012-2013)

Sl. Parties Date of Category No. Decision 1. Appeal of Shri Rambhai A, Prajapat of November 30, Dismissed for Prajapati Manch, Gujarati Fortnightly, 2012 default Gandhinagar Versus SDM, Gandhinagar order dated 28.2.2008.

2. Appeal of Shri Bharat Pralhadrao Thorat, November 30, Dismissed Editor & Publisher, Vrutt Kesari, Marathi 2012 Weekly against order dated 3.9.2011 passed by Sub-Divisional Officer, Achalpur, District Amravati, Maharashtra.

3. Appeal of Shri Manash Debnath, Publisher, November 30, Dismissed for Dainik Arohan, Bengali daily, East 2012 default Agartala, West Tripura against order dated 29.11.10 passed by DM/Collector, West Tripura.

4. Appeal of Shri D Thomas Raj, Vellore November 30, Disposed of District, Chennai against order dated 2012 26.3.2007 passed by Additional District Magistrate and District Revenue Officer, Vellore, Chennai.

5. Appeal of Shri V Arvind, Publisher, Ayutha November 30, Disposed of Eluthu, Tamil Monthly Magazine, Vellore 2012 District, Chennai Versus order dated 3.11.2007 passed by Additional District Magistrate and District Revenue Officer, District Vellore.

186 Sl. Parties Date of Category No. Decision 6. Appeal of Shri N.M. Nhavi, district Dhulia, November 30, Beyond the Maharashtra against order dated 11.1.2012 2012 scope of the passed by Additional Divisional Magistrate, Board-No Dhulia, Maharashtra w.r.t. rejecting his action is application for title verification. warranted 7. Appeal of Shri J N Shukla, Printer & November 30, Allowed to Publisher, Nishpaksh Pratidin Hindi daily, 2012 rest Lucknow against order dated 6.2.2012 passed by D.M. Lucknow.

8. Appeal of S/Shri Subhash Chandra and November 30, Not Prakash Chandra, Pune against District 2012 actionable Magistrate-cum-Joint Commissioner of Police, Hyderabad regarding not providing order/complaint number of their complaint on 17.5.2012 for cancellation of declaration of Poddu, Telugu daily newspaper.

9. Appeal of Shri M. K. Siddiqui, Editor, January 9, Settled and The Man in Opposition, Hindi Weekly, 2013 Disposed off Ghaziabad, U.P. Versus ADM, Ghaziabad, U.P. order dated July 7, 2011.

10. Review petition dated 10.3.10 filed by January 9, Directed Registrar, Registrar of Newspapers of 2013 ADM, India against the order dated 18.1.2010 Varanasi passed by Press and Registration Appellate to take Board on the appeal of Owner, Publisher necessary action & Editor, Kanshi Kiran, Hindi Daily expeditiously and Weekly, Varanasi against Additional District Magistrate (Protocol), Varanasi, Uttar Pradesh.

187 34th 2012-2013 Annual Report

April 1, 2012 - March 31, 2013

Press Council of India, New Delhi