The P.C.I. Review

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Formation of the National News Council Judicial Ethics and the National News Council

4-4-1973 The .CP .I. Review The rP ess Council of India

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Recommended Citation A Quarterly Journal of the Press Council of India, Volume 2, Issue 2

This Article is brought to you for free and open access by the Judicial Ethics and the National News Council at UC Hastings Scholarship Repository. It has been accepted for inclusion in Formation of the National News Council by an authorized administrator of UC Hastings Scholarship Repository. For more information, please contact [email protected]. No. 2 NEW DELHI, APRIL 1973 1972-73 NEWSPRINT ALLOCA liON POLICY REVISED -:000:- !1!il~~~~.~~~~+ COGNISANCE OF SUPREME ~ PRESS LEGISLATION ~ COURT JUDGMENT ~ ONt Y AFTER SUPREME ~ -:0:- \I COURT JUDGMENT ~ Up $ Quoting authoritative sources, the $ Entitlement Based On Papers Free To Step t:.. 'Press Trust ofIndia' reports that the l\ If Government of India will await the 'f Past Performance Their Circulation ·i Supreme Court judgment in the l\ 'f fundamental rights case before formu- l II lating ideas on legislation concerning J., " the ownership of newspapers. l NO BAR TO PUBLISHING NEW EDITIONS These sources say that Government L stand by the objective of securing a J.. If de-linking of the Press from industry. ~ WITHIN AUTHORISED QUOTA t:.. Any such legislation should in no way J., IJ interfere with the freedom of ex- ~ The Government of India have revised the newsprint allocation policy for J., . pression, At the same time, it should II If not lead to alteration of the structure IJ 1972-73 in pursuance of the Supreme Court's judgment of October 30, 1972, of newspapers in such a way that some which struck down soine of the provisions of the policy announced in April 1972. $ political parties take them over. ~ Further, these sources point out, the Under the revised policy, the entitlement of newsprint of a newspaper is t:.. Supreme Court's observations in the l\ based on its performance in 1971-72 as judge? by its utilisation o~ author~sed I( page-limitation case and the expected l newsprint during the year, and newspapers wIll be free to use then authonsed '" judgment in lhe fundamental rights '" quota for increasing their circulation or pages or both. If case have to be taken into account ~ jj while attempting the draft of a J., There is no page-ceiling for determining However, a new edition of an existing news If legislation. l entitlement, one of the points on which several paper can be brought out from within the .4\ Government are also keen to ensure '" newspapers had gone to the Supreme Court newpaper's authorised quota. 'I that newspapers, especially the bigger ~ challenging Government's newsprint control ones, maintain a certain proportion $ order. The initial quota for new papers (dailies, between reading material and adver weeklies fortnightlies and monthlies) will be ~ tisements. Some norms will have to According to the announcement. each news worked out on the basis of a maximum circu be developed in this regard. paper or periodical will be regarded as the lation of 3,000 copies and eight stanJard- $ $ recipient of quota and any interchange of +~~~~+~~~~+ quota between newspapers is prohibited. «('ontinued on Page 2 Column 1)

'A FETTERED PRESS IN FREE INDIA IS UNTHINKABLE' The Prime Minister, Mrs Indira Gandhi, . abridging the freedom to gather and publish which we are discussing, will not, by any declared in Delhi on February 6 that news and to express views . means, limit an editor's freedom to criticise Government. I do not think there is any in a free India a fettered Press was "For historical reasons, freedom in many editor in this country who is afraid of me, unthinkable, and "freedom is an essen systems has come to mean more freedom for though some do their best to try to irritate tial part of our entire way of func the big, the strong and the propertied rather me ... with little success, 1 may add, tioning". than for the smaller man. This tendency has received support from conservative judicial VAST MASSES IGNORED pronouncements. In our country, Press free Addressing the One Asia Assembly, Mrs. dom is being used to further property interests Gandhi said, "This gathering has been con and the protection of the courts is sought. "However, are newspapermen themselves vened by an organisation concerned with the not limiting the scope of their calling? They Press. All of you have, I hope, seen th'l t the "For our part, we do recognise the right of have been content to speak only for the elite Press in India is not only alive and weIJ, but a newspaper to champion any cause, but we and are not in touch with the vast masses of kicking hard. Occasionally, 1 receive repre feel that it would be useful, even in these days our country, whom they largely ignore. That sentations from the International Press Insti of advertisement dominance, to maintain a is why the Press, as a whole, has often been tute and the Press Foundation of Asia about distinction between the editorial room and the wide of the mark in its assessment of the threats to the freedom of the Press in this business office. The proposals to diffuse econo people's feelings and in its forecasts of'tbe country. We have no intention whatever of mic concentration in the newspaper industry, shape of things to come." 103 COMPLAINTS AGAINST NEWSPAPERS AND 22 AGAINST expressed regrets or offered apologies. The GOVERNMENTS IN 1972 publications impugned by three other comp --:0:--' laints were found to be in bad taste. Under the proviso 10 Regulations 5 of the I~quiry Regulations, 25 complaints were reje 8 Adjudications On Communal fritings And cted as frivolous on first examination as bemg unsuitable for inquiry and adjudication and 9 Involving OhscenitYr their rejection by the Chairman was accepted by the Council. ' During 1972, the Press Council received complaints, which w,ere accepted, the Council, 22 complaints agaimt Governments and others apart from expressihg its opinion about the Eight of the adjudicated complaints involv under Section 12 and had a carry-over of objectionable writinigs, refrained from taking ed communal writings, nine obscenity and "another 11 'rom the previous Yf'ar. Of the 22 any further action inl view of the editors' ack seven journalistic misconduct of various types. new complaints received, 12 were either agaimt nowledgertfent of impropriety and assurances At the end of the year, 33 cases were pendmg the State Governments or against local admini of being careful in future or because they and were carried over. strations, three against the Central Government, one against a univHsity, and the rest against various other bodies. PRESS COiUNCIL'S TRIBUTES TO DR. PIRULEKAR Before the last meeting of the Press Council from Dr. Parulekar's presence on it. He was Tn all, ten complaint~ were adjudicated, out on February 16 got down to business, the forthright in his views and expressed them of which three were allowed to be withdrawn. Chairman, Mr. Justice N . Rajgopala Ayyangar, with great clarity. His intervention in discus Fifteen cases were tre8l ed as closed because made a brief reference to the death or Dr. sions on any matter was listened to with they eilher did not involve an" freedom of the N.B. Parulekar, a senior member of the respect, coming as it did from one who had Press or their subject-matter was slIb-judice or Council. He spoke of his qualities of bead unlimited experience and was absolutely they were lacking in material. and heart and the debt the Council owed to honest. " him for his services. The members stood in silence for two ,The Council received 103 complaints against There after, the Council passed the follow minutes in memory of the departed. newspapers and periodicals under Section 13, ing resolution condoling Dr. Parulekar's pas Acknowledging receipt of the condolence while 19 had been brought over from 1971. It sing away: resolution, Mrs. S.G. P. Parulekar wrote to was, however, unable to proceed with the in "The Press Council places on record its the Secretary of the Council: "The glowing yestigation of 40 cases (which were treated as deep sense of grief and loss at the passing tributes paid by the Council to Dr. Parulekar closed) because they were outside its purview away oC Dr. Parulekar, who bad been a mem are a befitting recognition of the services rend or sub-judice or the complainants failed to ber of the Council for two terms. eIed by him to this august body ever since its furnish full particulars or lodge formal com "Dr. Parulekar was a self-made man. Start inception. plaints, when called upon to do so. ing from ~cra tch, h€! brought the Sakal of "I have vivid recollections of my husband's Poona to the position of a leading Marathi ardent desire to attend your meetings even at In all the Council considered 24 complaints, daily in M"harashtra. He was feariess as a the risk of his graduaiJy deteriorating health including one which was permitted to be journalist and brought to bear the impress oC during the past many months. The Council wilhdrawn. Thirteen of the 14 compl ~ inls his professional competence and personality on and its work were for him a matter of religion. th; t came up bef"re the Council were rejected hiS p •. pers, on journa1lism as a Whole and on and he " lw.lYs ust:d to express his joy over his and I I were ~ccepted, In these complaints, upholding the freeddm of the Press. In his discussions in the distinguished company of the besides uphojJing them, no directions were (ie, th the world of journalism has lost a great Chairman and other memhers of tbe Council. given in two cases. Three respondent·editors champion and the Council a valued and re "Please convey to Mr. Justice Ayyangar and were censured. while the Council expressed its spected member. I members of the Council my sincere thanks for dispka'ure ;-gainst '\Of)ther. In re<;pect of two "The Council derived valuable assistance the high tributes, paid to Dr. Parukkar." Newsprint Entitlement To Be Met By Issue Of An Import Licence lContioued from Page 1 Column 2) 25 tonnes. first four months after commencement of pub lication. size pages. Since Nepa mills are not in a position to dispatch consignments of less than ten tonnes, Standard newsprint licensed from "free Nepa newsprint in lots of less than ten tonnes For the first four months, imported news resources" will have to be imported by news will not be allotted. Allotments of smaller print from the STC's stocks will be released, papers ag: inst contracts entered into with quantities may, however, be made to recipient provided the applicants execute bonds duly specific suppliers in foreign countries hy the who are willing to taI<,e delivery of their quota guaranteed by scheduled banks. State Trading Corporation. at the Nepa mills and arrange for its trans- Since the suppliers do not entertain orders port. I The bonds, which are intended to ensure in lots of less than 2) tonnes, newspapers with On applications received after September that the imported newsprint thus granted is entitlement kss th,.n 25 tonnes will be granted 1. 1972, cutS will be made on entitlement as utilised for publishing the proposed newspapers a direct licence against tbe contracts entered follows: will he canceJled on production of document into by the STC if they arrange imports ary evidence to the satisfaction of the Registrar through an established importer. App,ications rece~ved up to November of Newspapers or the Chief Controller of Thl! entitlemmt of newsprint will be met by 30, 1972-ten per cent. Imports and Exports to show that the news the issue of import licence or authorbation in Applicatio IS recei'ved beyond November print has been utilised for the publication. favour of applicants in the following manner: 30, 1972 and up to lFebruary, l, 1973-20 per Those with an entitlement up 10 400 cent. i New weeklies, tri-weeklies, bi-weeklies fort tonnes will be allowed full imported new,print Applications received beyond February night lies and monthlies will be allowed an init Th05e with an entitlem.:nt between 400 and I, 1973 and up to March 31, 1973-40 per cent. ial quota of newsprint which will be determined by the Registrar of Newspapers calculated on 1,000 tOnnes will be allowed 90 per cent, Publishers of new' d:.ily newspapers and imported newsprint and 10 per cent indigenous. the basis uf an average circulation of up to periodicals intending to apply for newsprint 3,000 copies of eight pages of standard size. Between 1,000 and 2,000 the ratio b 80 20, quota shall obtain regarding avaiia whil.: for 2,000 tonnes and above 75 :25 . cle~rance But no quota will be allotted to such periodi biliry of newsprint Jrorn tbe Registrar of cals for the first three months. The entitlement of standard new~print ami Newspapers for In ia before commencing indigenous newsprint will. however, be deter publication. ' The following categories of periodicals will mined by the Registrar of NeWSPapers in the INITlAL QUOTA not be entitled to the allocation of newsprinls, light of contracts entered into by the STC In view of the shortage of newsprint, new not withstanding that they are classified as with foreign suppliers. daily newspapers will be a llowed dn initial newspapers: Allotment to all calegories will be made in quota which Will be determined by the reels only. An additional qu mtity for conver Re~istrar of Newspap::rs calculated on the Journals published primarily to promote sion of reels into sheets at the rate of ten per basis of an aven,ge circulation up to 3,000 sale of goods for services, house journals, cent. in respect of sl-lndard newsprint wlll be copies of eight pages of standard size (39,1.75 school and college magazines, teaching jour granted ,to newspapers with entitlement up to square in~h es ) per publishing day during the nals, fiction, ra.:ing guides and price lists.

THE P .C.l. REVIEW 2 APRIL 1973 why it refrained from censuring tbe res pondent was that the other person who was as guilty as the respondent, viz. the complainant, was DOt before it. For this reason. the Council !;:ontent ed itself with expressing its displeasure at the type of journalism that the complainant and the respondent had been indulging in.

Bl ackmail Journalism Editor Of Mathura Hindi Weekly Censured DISPLEASURE AGAINST RESPONDENT AS THE Council censured the conduct of the Editor of the YIIg Mandul. a Hindi weekly WELL AS COMPLAINANT of Mathura , for deliberatcly publishillil a fa lse __ :0: __ news-it em with a view to blackmailing the complainant. Lack Of Machinery For Eradication Of Evil The complainant, Mr. 8 . S, Sharma, Manager{Secretary of the Madhya Railway Bal Deplored By Press Council Mandir, Mathura, alleged that Ihe Yug Mallda l had, in its is~ u e of June 5, 1972, THE Council expressed ils displeasure in a submitted that the complaint might be rejected. carried a news-item under the heading 'Rail complaint from Meerut at the type of T be complainant, to whom a copy of th e way Shikhsha Sansthanon Main Brashtaehar journalism indulged in by the complainant as wriuen statement had been forwa rded, wrote Ke Yeb Addai' stating that the Dal Mandir we ll as the respondent, both of whom happen to the Council to say that the a ll egations became 'a paradise of personal income ed to be journalists. contained in the original complaint were true for some selected people who indulged in fraud and he, thereforc, desired that his complaint and improper use of public money'. Mr. Rishi Deo Swami, claimil,g to be a should n(lt be dismissed, but that it should be correspondent of the P.T.I., lodged a complaint disposed of in the light of the apology tender On perusing the publication. the President against the Editor of the 'Ktwal Satya', a ed by the editor of the Kewal Satya. of the Central Railway Social Wel fare Centre, Hindi weekly of Meerut, for publishing Me. Ram Basoo Gupta. wrote a leiter to the 'defamatory new! in order to blackmail him'. IRREGULAR PUBLICATION ed it or statIng that he had decided to hold an He stated that he had started two papers'Janta inqui ry in connection with the charges made Express', a daily and a weekly, and that, be Mr. Om Prakash Badli, editor oOhe respon io the news-item. The editor was requested to sides these, his father-in-law was running a dent-paper, appeared before the Inquiry Com come over and prove th e allegations set out in daily newspaper ' Narad Wa"i' from the same mittee, but the complainant did not come. In the news·item and produce such documentary place. He alleged thai the 'Kewal Satya', answer to questions by the Commillce, he and oral evidence in support of the allegations published in its issues of April 23,27,29 and slated that he printed 500 co pi es of the Kewa l as he had with him. The leuer slated that the 30, 1972, news-it ems in relation to him wbich Satya of which 150 were given away ftee. The Secretary had served the editor with a notice were said to be false. paper was not yielding any profit, but there challenging the correctn ess of the news-item was not much of a loss either since it was but tbat no reply had been received from him. The Council di d not cono;ider it nccessary being printed elsewhere. It was not published or desirable to SCt out the news·items except to It was stated that the editor did not respond to regularly week after week but some weeks were thi s notice, It was fu rlher alleged in the com· say that tbey were very defamatory, some of skipped over. There were no employees in the the allegalions being unprintable. plaint thaI the news-item had been published printing press, but he attended to all the jobs at tbe instance of one Mr. O.P. Chaturvedi. A WRITfEN COMPROMISE bimself. The source of his livelihood was his C.A., S.M. Mathura, in order to provide business as a land-and-house broker and the defence to a complaint lodged against hint In response to the show·cause notice. the ncwspaper was merely a diversion. respondent wrote to say that, in view of a under Section 500 of the I.P.C., which was written compromise effected between the pa rties Mr, Dadli statcd that the complainant pending he

APRIL 1973 3 THE P.C.I REVIEW a young woman and a young man were shown as if they were about to kiss each otber. This had been published as an illustration of the manner in which tbe censors were acting and the beading oftbe picture '[ndian Non-Censor'. Two otber pictures appearing in the weekly on October 30, 1971 were (1) 'Beckini' and (2) Sextatic and these showed two girls in bra and bikini. They were covered by the decision already rendered. The last one is a picture C.F.R.A.I. Complaint Rejectec;l headed 'Dry Rules' wbicb appeared in the weekly of November 13, 1971. The girl shown bere was no doubt nude but it was her back NO JOURN~LlSTIC IMPROPRIETY INVOLVED IN that was seen. The picture did not appear ! to the Council to be any different from those dealt with by it in its adjudication of July 28, WOMEN'S PICTURES PUBLISHED 1972. --:0:-- The Council was of the opinion tbat there was nothiog wrong in the pictures and that no Nothing In Bombay Weeklies' Photographs To journalistic impropriety was involved in their publication. Excite Sex Feelings In Normal Minds AGAINST'ILLUSTRATEQ WEEKLY' The Council rejected the complaints of Mr. D.D. Agarwal, Honorary General Secretary of the Cine Film Reform Association of India, Calcutta, against the Blitz and the Illustra Mr. Agarwal's complaint against the ted Weekly of India, both English weeklies of Bombay, for publishing a)legedly 'obscene, lasci Illustrated Weekly referred to a picture that vious and prurient pictures that deprave young men and women'. appeared in its issue of April 9, 1972, under the heading 'Hot Stuff in Cold Climate.' The The complaint against the Blitz pertained' deration of this complaint to the next meet girl portrayed was said to model a new-style to six pictures in tbe issues of the weekly dated ing. October 23 and 30 and November 13, 1971, bikini. which, it was alleged, were publisbed 'with a view to making money at tbe cost of decency'. In view of the allegations made against the On receipt of the show-cause notice, the respondent and tbe comments made by the respondent-editor justified tbe publication and In response to tbe show-cause notice, to res complainant against the Committee and the stated that 'tbe only minds in , which such an pondent-editor filed a written statement ques Council, tbe Committee considered it desirable innocuous picture can excite carnal desires tioning the nature, character and composition that the complainants, either Mr. Agarwal or must be sick minds'. Besides, he said tbat of the association of which Shri Agarwal claim Mr. Vijay Kumar, said to be Secretary of the ed to be General Secretary. A request was made Association, sbould appear before it so that [;a-{;a-{""" ;a-{.;a-{ ,.., ;a-{ ,.., ;a-{ that this complaint might be taken up for in he could be questioned about the several quiry along with the other complaints filed matters mentioned against them and also ACCURACY, INSIGHT } against tbe paper which had actually been al given an opportunity to be acquainted with the [ ready disposed of by the Council at its meeting views of the Council on the complaints in [ AND DISPATCH } on July 28, 1972. But as the procedure pres general and tbe present one in particular. cribed by the Inquiry Regulations had not been Having regard to the contents of some of "Journalism means the conveying } completed by then, it could not be done. tbe letters of one of tbe complainants to tbe [ of information from here and there with } As tbe main defence on the tecbnical ob Council, the Committee expected that one of accuracy, insight and dispatch, and in jection raised by the respondent-editor had the complainants at least would avail himself [ such a manner that the truth is served been dealt with in great detail in the adjudica of tbe opportunity to appear before the Coni and the rightness of things is made } tion by the Council of the complaints against mittee. But, though for the meeting held on slowly, even tbough not immediately, the Blitz and some other newspapers in July October 28, 1972, notices under Regulation 10 [ more evident." -F. Fraser Bond. } 1972, the Council did not think it necessary to had been served on them by October 14, set these out or to deal with them once the complainants were not present. The res [ h-.{ 1.·..... 0 ...... 'O ...... 0.· .... {}..,..{ l-.....O ... _O-.-J again. pondent-editor was also absent at the hearing. COUNTER-STATEMENT 'if charges like the ones made by the complani ant were taken seriously there would be an When the copy of the respondent's state NOTHING O~JECTIONABLE end to editorial freedom'. ment was forwarded to the complainant, he sent to tbe Council a counter-statement The question for the Council's considera containing matter not relevant to the tion was as to whether" in view of the tests When a copy of this written statement was disposal of the complaint. This complaint laid down in the adjudication rendered by it forwarded to the complainant, he repeated was listed for consideration by the Committee on July 28, 1972, on ',the comlpaints by the what he had already stated in the complaint at its meeting on July 27, 1972. When. how present complainants against the 'Blitz' and about the picture being 'indecent' and 'exci ever, notice for this meeting was forwarded to several other newspapers, the publication of ting sex feelings.' the parties under Regulation 10 the complain the pictures complaine9 of now fell below the ant prayed for an adjournment while the res standards of journalistic propriety. Two Neither of the two parties appeared at the pondent submitted a further statement which pictures objected to which appeared in the hearing. Examining the picture with care, the had to be forwarded to the complaintant. Blitz of October 23, 1972 were: (1) 'Jaya Council was in no doubt that the upper part of The main point urged in this further statement Cheers' (2) 'Drama-ttractive'. In 'Jay a-Cheers' the body was bare, thougb it was possible that by the respondent was about non-compliance Jayshree, evidently the actress, was shown the girl was wearing some see-tbrougb type of with the provisions of Regulation 3(l)(c). wearing a bikini and bra. There was nothing bodice. But that apart, this seems to be at The Committee, therefore, adjourned consi- in it to which exception could be taken. It worst a border"line case in which the publica was not necessary fo'r the Council to repeat tion fell on tbe right side of the line. "V'oo""""_""vvvv""""""" __vvvvv-.."",,,, that there was notbing in the picture to excite sex feelings in normal individuals. The other EXERCISE OF DISCRETION The Press Lives By publication 'Drama-ttractive' purported to be a picture of Helen Clal'ke of Australia. Here The Council held that the picture was not Disclosures again the woman was fully covered at the top indecent or apt to excite sex feelings in normal and wore a bikini at the bottom. The same minds. What remained was the plea of the "The first auty of the Press is to comment might be repeated in regard to this. editor regarding the editor's discretion to obtain the earliest and the most publish the matter in tbe paper. It was un correction telIigence of the events of doubted tbat the editor had a discretion as the time, and by disclosing them PASSED BY CENSOR BOARD regards the matter to be published, but where instantly, make them the common the complaint was that the publication offend property of the nation. The Press lives There were three pictures appearing in the ed against journalistic propriety, the charge by disclosures". John Thadeus Delane. weekly of October 30, 1971, to which exception was that the discretion had not been properly was taken. The first of them was. a still of a exercised and it was the function of the Press ...•...... •••..•.... ' film passed by the Film Censor Board in which Council to decide the matter.

THE r.C.I. REVIEW 4 APRIL 1973 it was clear that the allegations made in the news-item had no basis. The Council did not think il necessary to go through each of the mailers referred to in the arguments of counsel and considered it sufficient to state that in substance tnc submis sions made by Mr. Krishna Menon had 10 be accepted. The particular matter which the 'Varsity Complaint Upheld Council had 10 consider v.·u as to whelher there was any jU5tification for the following statements which were said 10 be based upon A LACK OF SENSE OF RESPON SIBIlITY 'reliable information':

SHOWN BY EDITOR 1) that Ihe univ<:rsity authorities had ap pea \ed to th · Cenlre to POSI Jawans of the --:0:-- C.R.P. to the university atCa,

(2) that the district authorities were de~ired Baseless Statement Published By 'Gandiva' To by tbe university to deal with students as they woul d with goondas and that the district aUlho Create A Misunderstanding rities refused to do so and that this was the reason for the university authorities to be dissa A tompl:lInt filed by Ihe Vlte-Chnntellor of under Reaulation 3( 1) (c) was dispatched to tiJ.fied with the district authorities, and 8anll ras Hindu University IIgains t Ihe Editor the complainant. (3) that the State authorities would not of Iht Gandiva, P Hind i da il y of Vllranasl. for countenance the deployment of Ihe C.R.P. in pub \ls ll l n ~ fI 'mlschll'vuU! news-itrm Intended 10 At the meeting of the Inquiry Committee the university campus because maintenance of t reate a mi ~ unders t !\n d lng bI,ot ween Ihe Illslitulion o~ October. 28, ~ 972, the complainant (B3naras law and order was the rcsponsibility of the and th e district aut hor,lics' \I'as uph eld by i be Hmdu Umv.:rslIy) was represented by Mr. State Government. Prl'SS Counci l. V.K. Krishna Menon, Senior Advocate of the Supreme Court of India, assisted by Mr. The complaint perlained to the publication Yoge~ hw ' r Prashad. Advocate, and two officers h'lCORRECT STATE MEl'\'TS of a newa·item in Ihe i ~s ue of the paper daled of the un i ver ~ ity. The respondent-editor was J ~ nuary g, 1972, under Ihe heading' 'Hindu not present nor was he represented by any. The Council thought there was no doubt VIshw.!vidyaiaya Chelfa Me Kendriya Re one. that if these statemenlS were incorrect and serve Police Ke Jawa non Ki Tainati Ki Mang' without any basis, their publication was likely and 'Jila Pru has han Se Vi shwa-Vidyalaya to damage the reputation of the univel1l ity Pr-.tshashan Asalllushta'. This news-item, MALIGNI NG OF VICE-CH ANCELLOR authorities. The r ~ponden t, in his wrilleo whlth. according to the compla in ~ n l, was false. After setting out the nature of the uni\'er statement, had submitted that the news set out Slaled Ihal as Ihe univu sity aUlhorities were earlier was obtained on the basis of 'sources unhappy over not 1!elling the desired help Crom sll y and the status of the Vi~-Chanccll o r, Mr and varied facu brought 10 his nOliee from the district Authorities in their repression of Krishna Menon sought to place before th~ Ihe slUdents, they had appealed to the Centre to Commi~tee a large number of clippings from time to time by the district and university several Issues of the GrJndi~a to show thai the authoritiC$'. The statemeot that the university po~t Jawans of the Central Reserve Poliee in authorhies complained against the district the university area. paper was systematically maligning Ihe Vice Chancellor as well as the University. The authorities, which ran like a thread through The news-item added that, though the Committee, howev<:r, correctly pointed out the entire news· report, seemed to be clearly district administration was prepared to co-ope that, as thc respondent had no notic.: of these incorrect. The Vice-Chancellor had in so many rate to the fuliest u.tent with the university documents, it would not be proper for it 10 terms denied this, and even after the rca:ipt of authorities in mailliaining law and order. they take any notieeo( the additional mauer nnd the replication, there had been no attempt 10 we re nOI willing to dance blindly to the tune directed Mr. Krishna Menon to confine 'him substantiate the allegation The quest ion was of the un iv<: rshy authorities and had decided to self to his commenl on the news-item comp whether the district authorities could have use their own judgment in the mailer. Besides. lained of as well as to Any of the matters rerer furni~hed the information wh ich was the b3sis It stated that the di strict administration was red to in the wriuen !taument of the respon of the published news. unwilling to deal with students as anti-social dent or the re plication file,(j by the Registrar. and ;oonda elements were dea lt with. Having considered the matter with care, the Council was satisfied that there was no Counsel therea fter dnll with the news-item EDITOR J USTIFIES P UnLiCATION basis for the statement that the district aUlho_ published in the issue of the paper dated rities entertained feelings of Ihis sort referrtd January 8, 1972. and stated that everyone of to in the news-item. It was constrained to say In response to the show-cause notice. the the allegations contained in It was false. In respondent-editor submitted a &latement in thai the publication of such matter, which had particular. he said that the caption 'Demand no basis in fact and which was likely to bring which he der~nded the publication as jus,ified. for Posting the Jawans of the Central Reserve He stated that the news-i,em had heen publish down Ihe reputatioo of an institution such Police in the Hindu Vishwavidyala was base as the university, did not show the sense of ed 'on the basis of sources and varied facls less. Similarly, the other headline ' University brOUlI-hlto our notice from time to time both responsibility which ought to in for," and guide Dissatisfied with the District Administration' a newspaper. by the district and n.H.U. aUlhorities'. In was fa lse. On the other hand, he submitted suihtantialion of Ihis cla im, he set out several that the relations of the university with the mailers and, in the end, said that the charges The Council eltpresscd its displeasure at district authorities were most cordial and the the publication of such news. It hoped that levelled against hin, by the Reg ist!"".!r were lalter was rendering every possible assistance baseless. He added that the complaint was tnc newspaper would exercise morc care and to the Vice-Chancellor in maintanin, law and discretion in the publication of news in 'a Irick by the univ<:rsity authorities to force order. He, thereafter. examined the sev<:ral the paper change its polky which was nothi ng future. paragraphs of the news-item and submltt~d but a blatant interference with the freedom of that each one of them was false and published lbe Pres.s.' with the motive of defaming the universitv In his replication to this written statement and bringing about hostililY between the uni !-;~R-;;:;:;M~ ~~-l forwarded to him. the Regi ~ trar dealt with each versity and the district authorities. of the several mailers set out and either denied OBLIGATIONS i them as incorrect or uplained them as mis Acce pt ing a5 it does the guarantees of leading. Thereafler, the respondent filed a 8 ASELESS ALLEGATIONS ! I further statement in which he raised the point freedom, Journalism also o.ceepu the I regard ing non -compliance with Regulation Mr. Menon dealt with each one of Ihe seve obllga tloo to deserve the m. SeJr-reSp('tl- 3(t) (c" in tha t the complainant had not drawn nl illustrations set out in the written statement ! Ing journalism io all its forms strhe. of the respondent-edilor and submitted that his attention to the objectionable publication constantly to meet tbis obligA tion-to and sought hi s ellplanation for it. some of them were false. while in regard to others the newspaper me rely published Press. ! fulfil its dutie.!l to society.-F. Frostr ! Wb ile the replication of the complainant releases which every other paper had carried. Bond. was forwarded to the respondent-editor. the Counsel then rererred to the rep lication and further wri tten statement raising the objection stressed that from the matten set out in it !~ ~~ ."...,..,..,..."...,..,..,.."...",..,..

APRIL 1973 5 THE P.C.I. REVIEW MORE POWERS FOR COMMITTEE ON PRESS ECONOMICS The fact-finding committee appointed by the Government of India to compile data on c newspaper economics is to be vested with powers under the Commission of Inquiry Act Blitz's Writ Petition so that it can legally ask newspapers for any Nt relevent information it requires. The Consultative Committee of Parliament .- PRESS COUNCIL'S POWERS TO ADMONISH OR for the Ministry of Information and Broad casting was informed on March 27 that CENSURE EDITORS' Government had decided on this step because information sought by the fact-finding com N --:0:-- mittee had not been forthcoming from some newspapers. Constitutional Validity Of Sectiol 13 Of T·he let Later, speaking at Patna, Mr. I.K. Gujrul, referred to the "unhelpful attitude" of certain newspaper towards the committee. As t~ey Challenged In Bombay High Court did not reply to the committee's questionnaire, Government had no option but to vest it with The Bombay Higb Court on February 2 admitted a writ petition filed by Mr. R.K. Karanjla, 'the powers of an inquiry commission. 1 Editor of Bombay's English weekly, the "Blitz", challtnging the constitutional validity of The fact-finding committee's term remains to si .Seetion 13 of the Press Council of India Act. extended to June 30, 1973, to allow more Octc time for the newspaper managemens to furnish The Act empowers the Council to hold an. The Press Council issued a notice dated the required facts. whic inquiry, and warn, admonish and. censure and December 19, 1972, to Mr. Karanjia asking view editor when it has reason 10 believe that a him to state why action should not be taken In newspaper or a news agency has offended the against him under Section 13 of tbe Act. pond standards of journalistic ethics or public taste tioniJ or when an editor has committed a personal Mr. Karanjia filed a written statement Mr. Gojral's Adviee To misconduct. before the Press Council contending that oftb Section 13 was violative of his fundamental Small Papers ed to According to Section 13, no appeal can be right to freedom of speech and expression and The Minister of State for Information and that made against any judgment or order of the Broadcasting has advised smail newspapers to quiry of his right to carryon his profession guarante Council. ed under Article 19 of the Constitution. identify themselves with new areas of journa again lism where big papers were not present in a ready The respondents to the pet.ition are Mr. big way and meet the challenges now facing on Ju Mr. Karanjia filed the writ petition urging N . Rajagopala Ayyangar, Ch a l~man of the that the expressions "journalistic ethics" and the country. cribec Council, Mr. R.K. Talwar, Chairman of tbe compl "public taste" were vague, having a meaning Addressing members of the All-India Small. State Bank of India, and the Union of of wide import, with different sense to different Newspapers' Association in Calcutta on As India. jectiOi persons of different backgrounds at different March 4, Mr. Gujral felt that as small news been c times, and the powers conferred under the· ,papers could not compete with big papers in tion b STATE BANK COMPLAINT section were arbitrary, vague and capable of the area of spot-news, they should try to the B/, being misused by persons in power. specialise in the field of science, technology 1972,1 A complaint was lodged hy tbe Chairman and culture which had a 'minority"readership. of the State Bank of India before the Press Mr. Karanjia added that the scope of Section He wanted small papers to grow, but they set th, 13 imposed unreasonable, unwarranted and again. Council in respect of certain articles publisbed should not be obsessed only with the idea of in the Blitz in connection with the bank. excessive restrictions without any principles securing advertisement, as that would be a According to the State Bank'~ complaint, the guidina; the exercise of the powers so as to negative way of looking at things. Once small Wh articles were full of false and tnaccurate state interfere with the freedom of speech and papers were able to identify their purpose, they ment , ments based on or replete with mis repres~nt expression guaranteed under Article 19 (1) (A) would be able to attract more subscribers. sent te ations distortions or played-up allegations of the Constitution. contain and ~xtreme exaggerations, or ,prima facie disposa defamatory or scurrilous or derogatory state Mr. Justice J.L. Nain "issued a rule, making was lisl ments or innuendoes or abusive statements it returnable on March I, and a notice to the BiU To Limit Spaee For at its m -made in unbecoming language. Attorney-General 'of India. Advertisements ever, nc the par Mr. Gujral said in the Rajya Sablia on ant pn February 22 that the question of Government pondenl LEGISLATION TO SET GOVT. STEPS TO HELP enacting a legislation to prescribe a limit on had to advertisment spate in newspapers was under The mai UP A NEWSPAPER SMALL PIPERS consideration. by the r, with th FINANCE CORP,ORATION The Co Newsprint, Low-Speed News Newspaper Owner8bip The Minister of State fO.r Information a~d .& The meeting of the Press Council held on Broadc«sting, Mr. l.K. GUJral, a~nounced 10 Bulletin Ads February 16 again adjourned consideration of New Delhi on January 27 that a bIll to set up Mr. I.K. Gujral, ' said in Patna on TJ a the Monopoly Committee's report on concen an autonomous Newspape.r Finance Corpor - January 13 that the Government of India had tration of ownership in the newspaper industry .tion would be introduced m the budget sessIOn taken a number of positive steps to help small due to lack of time. of Parliament. newspapers in the country. These included "I Mr. Gujral, who was speaking at the COI} allotment of imported newsprint, 54 per cent PRESS DIFFUSION UNDER obtain sultative Committee of Parliament for ?IS of the Central Government's advertisment, correci Ministry said that the proposed CorporatIOn facilities to import machinery required for CONSIDERATION the ti would h~ve adequate funds at its disposal to printing and a slow-speed news bulletin by All India Radio. Mr. K.R. Ganesh, Minister of State for instanl advance loans to different categories of news Finance told the Lok Sabha on March 21 that properl papers. Addressing the Planning Forum of Patna the question of diffusion of Press ownership by disc was engaging the attention of Government. The Corporation, the, Minister ad~ed, University, the Minister said that the com ...... would particularly help small and medIUm bined circulation of 11,000 newspapers in the Tbe Minister added that the matter was newspapers to enable them to \ncreas~ t~eir country was only 8.5 million for a population 'being considered at thc bighest level in the of 550 million. The newspapers commanded light of the Su'preme Court judgement in the THE circulation or purchase newsprmt, pnntmg r.c. machinery and other equipment. only two per cent. circulation in rural areas. newsprint policy case.

tHE P ;C.I. 'REVIEW 6 APRIL1!>'73 PRESS FREEDOM ACT IN SWEDEN A CONSTiTUTIONAL lAW

The Freedom of the Press Act in Sweden is a constitutional law sustained by rigid A Year of Lost Battles guarantees. The foundation of the Press freedom legislation is contained in paragraph 66 of th.e Swedish Constitution, which reads, ONL Y 20 P.C. OF I.P.I. MEMBER NATIONS "Freedom of the Press means the rig1).t of every citizen to publish mltter, without pre vious hindrance by any authority, which sub ENJOY GENUINE FREEDOM sequently is only punishable before a court of --:0:-- law. All public documents may be put in print unconditionally, unless otherwise pre Indian Press Regains Ground By Supreme Court scribed in the Act". Judgment, Says Director The Act does not permit any form of censor ship. Likewise, it forbids fundamental The Pr~ss in India continues in general to be free, "although there is evidence of attempts to restrictions on printing and distribution. The guide the Press by various groups", according to the annual review of Press freedom by the Act specifically prescribes what are the offences International Press Institute. under the law, and some of the more common The Indian Press has even regained lost In Sri Lanka, Press censorship was lifted of these are mentioued below : ground by the Supreme Court qua')hing of a but the Press is still restricted by Government Government order restricting daily newspapers decrees. A proposed Press Council BilI giving (1) Various forms of Jibel and defamation, to 10 pages. the Government the right to compel news indecent material, racial prejudice, papers to disclose their sources of informa treasonable writing and spreading of The report has been written by the J.P.J.'s tion was dropped but a revised version has false rumours which may harm the Director, Mr. Ernest Meyer of France. met with protests from the Press which descri country. The J.P.I., which ' has more than 1,000 bes it as "the same old poison in a new bottle". (2) Publication of secret documents, dis members from 62 countries, said that 1972 had The report adds, "In every continent an closure of information which may been another "year of lost battles" for the examination gives the general impression of a threaten national security, and in freedom of the Press. It said that scarcely Press retreat. and on tbe day when the Press camera proceedings. 20 per cent. .of the 132 member countries of resigns itself to losing this war, in a steadly the United Nations enjoyed 'what could shrinking fre,e world, the only cboice remain RIGHT OF ANONYMITY genuinely be called freedom of information. ing to the Press will be its freedom to choose under which regime it would prefer to be "Among the many infringements of free enslaved ... "It would seem that our incanta Anyone working for a newspaper or a ·dom of' expression which have taken place tions of Press freedom in the world resemble magazine has the right to anonymity. The (Juring thc year, the most serious is certainly the rites of a fdding religion." purpose is to ensure and protect the access tbe silencing of ,the most courgeous and frank of the Press to information, without any risk Continuing, the report save that the true of reprisal against the informant. Disclosure Prcss in Asia, that of the Philippines," says danger lies in the fact that a growing number the report. of the name of an informant or a correspon~ of Government, Parliamentary representatives, dent without his or her permission is a crimi citizens and even some members of the Press nal offence. Referring to Pakistan, the report says that are beginning to accept that the attacks, on relations between the Press and the Govern freedom of expression are legitimate and justi ments of President Bhutto continue strained fiable. An unusual feature of tbe Act is the publi with mutual distrust revealed by an often city principle according to which every citizen severly critical Press and by Government's The report concludes, "Attacks on tbe shall have access to ' all public documents. <:ounter-action in detaining newsmen, tempora freedom of the Press endanger democracy it There are only a few countries where the .rily banning newspapers and expelling foreign self. It is, therefore, in tbe interest of the individual is permitted such insight into public correspondents. Press not to wait for new controls in political, affairs. The principle applies to both central economic and legal spheres but to struggle for and local government documents as well as to In Bangladesh, the Press is virtually free the creation of a statute which will assure it a documents of both official and private origin. and early in the year the Government promi iegal minimum of security, whatever political There are, of course, exceptions ; according to sed that such freedom would continue. developments may arise". the Secrecy Act, it is possible to refuse to release documents . A Press Council Likely (a) pertaining to national security and For Singapore foreign policy, . The Singapore Government has proposed Government statement, made in January, said (b) concerning measures against crime, che setting up of a Press Council as soon as that it was also considering legislation to (c) relating to special economic signi possible to lay down guidelines for all Singa require all major Singapore newspapers to go ficance, and pore newspapers. public, so that no single person or family could be in proprietary control. (d) regarding personal integrity, safety and The proposed Press Council is intended to docorum. have a tripartite representation of newspaper Legislation to set up the Council and to management, journalists and Government. make major newspapers which are "family It is li kely to have statutory powers to enforce owned" (such as tbe Nanyang Siang Pan) go FIRST LAW IN 1766 decisions if the Government believe that news public will probably go before Parliament tbis The first law on tbe freedom of the Press papers or newsmen are a threat to security. year. in Sweden was passed in 1766 but was repeat " For example", a Government statemeni The Foreign Minister, Mr. S. Rajaratnam edly abrogated, and not until 1812 was there 'says, "where a newspaper systematically told Pressmen ata briefing tbat the tw~ any enduring and effective legislation. The eulogises any foreign country and its political measures were a "preliminary move" to pre 1812 law remained in force until 1950, and it 05ystem, which is diametrically tbe opposite of vent outside power interests from buying up forms the basis of the current legislation. Singapore's system, and such propaganda aids newspapers on individuals in newspapers for Courtesy; Swedish Way. and abets subversive groups in Singapore, purposes of subversion. He added, "Before Government will withdraw its printing licence," we establish a Press Council we shall, of coure discuss these matters with journalists as weI'! PUBLIC OWNERSHIP as managements of newspapers in Singapore". AFRICAN PRESS DlFF[CULTIES: An independent section of the Press in Africa "This Press Council will also scrutinise the newspapers belonging to the churches-is run .appointinent of key personnel on the editorial SWISS PRESS COUNCIL: The Swiss ning into increasing troubles. Well-known staffs ... those who have the authority and res Press Association has adopted a code of titles are gradually disappearing because of ponsibility to dceide what, where and how any honour and decided on the creation of a Press political pressures, distribution difficulties, article or report is published in the paper." Council. . financial problems and shortages of staff.

APRIL 1973 7 THE P.C.I. REVIEW FREE FLOW OF [ r-, r---t r---t r---t r---t r---t JA1 r---t r---t ] IRELAND ENJOYS Identifying Source ] NEWS BETWEEN [ REASONABLE U.S. AND JAPAN Of Information PRESS FREEDOM Ten Japanese and 14 American editors at By five votes to four, the U .S. Supreme Court has decided that the Constitution's First By and large, the newspaper Press in, the third I.P.l.-sponsored bilateral meeting in Ireland enjoys reasonable freedom, even though; November last approved in principle a pro Amendment about a free Press guarantee does not protect newsmen from being compelled to tbere is no specific clause in the Constitution c gramme for the exchange of journalists in 1973 guaranteeing it. and pledge to help assure correspondents in give grand juries information in confidence and both countries the fullest access to official to identify the source. Between 1922 and 1949, the Republican, N news sources. Government introduced an Act in Parliament caIled tne 'Offences Against the State Act', be-· Recognising the great progress in opening 1,750 DAILIES IN cause of the activities of the extreme left-wing, up Government news sources in Japan to of the Irish Republican Army, prohibiting pub- foreign journalists, the U.S delegation support lication of a wide variety of material that, in, ed the efforts of the Japanese Newspaper U.S. WITH 62 M. the opinion of Government; might be regarded. Publishers' and Editors' Associations further as seditious. to throw open access to such news sources and CIRCULATION The Act is still on the statute books and to Press club briefings so that foreign corres can be invoked at any time. And, apart from. pondents could be as fully informed as possi There are now 1,749 daily newspapers pub the possibility of introduction of the clauses. ble in reporting developments in Japan. lished in the U .S.A., compared to 1,748 in of the act, the Press is not normally subjected. 1970. to any State censorship. It continues to be· In turn, the U .S. delegation pledged conti both vigorous and critical.-I.P.I. Report T nued efforts towards providing Japanese and The total number of morning newspapers Ie, other foreign correspol'ldents the fuIlest access declined by four, while Sunday newspapers vii to official U.S. news sources. In response, rose from 586 to 590. the Japanese delegation expressed the view East-West German Free that it would try to do its best to promote a Tbe daily ci.rculation reached 62,231,258 Access .Sources to free flow of ne ws between thc two na tions. copies, while the Sunday circulation stood at 0, 49,664,643, Both these figures showed an in The new Basic Treaty between East and' wI RECIPROCAL EXCHANGE crease over 1970. West Germany has guaranteed the right oC vi, West German journalists to work in tbe The meeting resolved tbat "a reciprocal German D emocratic Republic with free exchange programme of journalists is desira access information sources and uncensored' po ble as a contribution· to mutual understanding 'Life' Closes Down reporting. tic between the two countries, better communica of The American picture magazine, Life, It allows freedom to move about the: tion and improved reporting and editing of G.D.R. and the ripht to file news, opinions. ed news from Japan and the United States." ceased publication at the end of 1972 because th; of economic difficulties. and commentaries. The only condition placed on these concessions is that journalists qu Approval in principle was given to tbe U .S. ag. Meanwhile, the U.S. news magazines, Time sbaH have to obey G .D.R. laws on security proposal to send to Japan a group of 10 to 72 and Newsweek, have announced plans for and crime and protection of the rights of ref telegraph or foreign desk editors who made on producing editions that will be specially tailor others. daily judgments on news from Japan. Similar ed for European readers. cri ly, the Japanese proposal to send to the U.S. a COl group of a similar size, but not necessarily The Evening News of Newark, New Jersey Dutch Govt. Help To limited to telegraph desk editors, was ap (U.S.A.) has ceased publication. Tbe newspaper, .iec proved. Ailing Papers be, which was shut down by a strike in 1971-72 Tours of about three weeks are contemp for more tban ten months, announced that Tbe Netherlands Government has decidedI tic circulation and advertising had declined to tht lated. to impose a levy on radio and television adver.· such an extent following the strike that it could tising this year to aid the ailing newspaper 19' not continue. . set industry. ag: SWISS MAGAZINES MERGE: The Newspapers will receive about £1.8 millions. Swiss iIlustrated magazines Sie and Er. and a year for two years in financial support and Schweizer IIIustrierte merged in October last. URUGUAY RESTRICTIONS: A new this aid will be distributed among the papers The Zurich Weekly Sountage-Journal closed security law containing restricitive Press pro on the basis of the number of pages they me down for financial reasons. visions has come into force in Uruguay. publish. seI COl dis PRIVACY, THE LAW AND wa THE PRESS at Threats to individual privacy, particularly Tbe techniques of· modern invasions of lance are used only in really serious Case s evt by electronic· surveillance and by the use of privacy are such that the ordinary individual where the public interest so requires. the computers for the collection, dissemination and has little choice of detecting and bringing to Unauthorised surveillance, including tbat ant publication of personal information, are in light a.ttacks made on his privacy. The resour by tbe police or State officials, sbould be a pOl creasing on a formidable scale. Tn order to ces of the State should be available to help serious criminal offence and evidence obtained hal provide adequate legal safeguards for privacy him, and the legal protection of privacy should by it should be inadmissible in any legal pro Th the need has been felt more and more for an consist of penal as well as civil remedies. ceedings. express, and formally recognised, legal rigbt to by The insidious nature of invasions of pri PotentiaJly, the greatest threat to privacy wil privacy. vacy and the moral injury they inflict should lies in the recording storing and dissemination Th A general right to privacy may, at times, be recognised by awards of substantial da of personal information by computers. conflict with otber legal rights, especially mages in suitable cases, even where no actual Special legislation is required to ensure ./v freedom of expression and freedom of the pecuniary loss has resulted to the complainant . Press. But solutions have to be found witbin .. that the individual is able to know and A major obstacle to the protection of pri correct information recorded· about him, each country which accord its tradilions and vacy is that the victim does not want his the respective weight which its society gives to >I< that access to the information is strictly privacy further invaded by publicity given to controlled, these conflicting interests. legal proceedings. There should be restri In a study on the law of privacy in 10 ctions against the publication of names and .. . that information is in general used only countries in Latin America, Europe and tbe reports of proceedings, similar to those· for the purpose for which it is collected, U.S.A., the International Commission of Jurists existing in many countries for blackmail, rape, and has reached certain conclusions. seduction, divorce and cases involving young '" that a controlJing authority exists with . Proof of the truth of a publication wbich children . power to receive and investigate com invades privacy should be a defence

TH THE P.c.I. REVIEW 8 APRIL 1973 cross-section of the intelligentsia of the eountry. The court dismissed the petitioners' conten tion that the ban placed by the BilI on the pUblication, without official authority, of Cabinet papers, discussions and decisions was an unreasonable restriction, with the observa tion that recognition of such a fundamental Sri Lanka Press Council right would be tantamount to recognising a fund amental right to steal Cabinet secrets and AFTER publish them. No person can, therefore. claim CONTROVERSIAL BI LL BECOMES LAW a fund amental right to violate the secrecy of any other person or body of persons, or living as ADOPTION BY ASSEMBLY we do in a civilised community with high stan --:0:-- dards of decency. Objections By, Petitioners Qver-ruled By A BED-ROOM SECRECY The court concluded, "We find it difficult Constitutional Court to accept the argument of counsel for one of THE controversial PN'SS Council Bill was pushed through the Sri Lanka National Assembly the petitioners tbat the Press has the right to in Colombo on February 22 by the United Front Government after a t.wo-bour one-sided debate. publish even wh atever bappens in the secrecy It became law with the certification by the Speaker on February 27 that It had been duly adopted of a person's bedroom, even though this may be the only source of delectation for the few of by the Assembly, those who happen to be its staunchest cham With the entire Opposition, comprising the The Minister also denied the suggestion pions." right-wing United National Party of Mr. that the Government had the right to lay down Dudley Senanayake, the United Front of the guidelines to the Council, and order through. The court conveyed to the Speaker its Tamil minority of the island and two indepen the Council what the Press should publish. opinion well within the 14-day limit, which dent members, having walked out in protest The Bill gave no powers to the Council to expired on February 14. The Bill had been ag rin~t the "indecent haste" with which the compel papers to publish news of the Govern assailed by eight petitioners, including the Government pushed through with the measure, ment's choice. leader of the Opposition, Mr. J.R. Jayawar the Bill was adopted by the House with 112 Mr. Bandaranaike said that the Bill was dene (United National Party), as violative of votes for and none against, including that of consistent with the democratic traditions of the the fundamental right to "freedom of speech a pro-Government independent Tamil member. island. But the "monopolistic Press" would and expression" guaranteed in the Republican not be able hereafter to "make or unmake" Constitution. They particularly objected to The stage was set for the adoption of tbe Governments. the restrictions the Bill placed on the publica Bill when the Speaker, Mil. Stanley Tillckeratne, tion of news pertaining to the country's . announced to the House in pin-drop silence The Constitutional Court had expressed economy. that the Constitutional Court had held that opinion that the Press Council Bill " is not the the Bill "as a whole" was "not inconsistent monster that has been painted to the public" Even if the court had held certain clauses with the Constitution." and that a legislative measure of that nature of any Bill inconsistent with the Constitution, "is essential for the proper and efficient func the Government could, if it so desired, push When the House began its sittings after a tioning of the democratic process under the through the same with the mJjority required recess, the Speaker read out only the conclu Constitution of Sri Lanka and sa feguarding for amendment of the Constitution, namely sions (and not the reasons) of the Con the rights of the common man and the Press." two-thirds of the number of members of the stitutional Court submitted to him on Upholding the constitutional validity of State As sembly (including those not present). February 14. the Bill, tbe three-member bench of the Court observed that if the contentions that were The crisis was touched off by the ruling of NOT A CENSORSHIP BILL sought for by counsel appearing for the peti the Speaker on the Bill, stalling the second tioners who had challenged the Bill, "as rights, reading of the measure till a verdict was The Minister for Justice, Mr. Felix Dias privileges and immunities of the Press", are obtained on its constitutional validity from a Bandaranaike, moving the second reading of in fact accepted, "it would be tanl. amount to duly constituted constitutional court. The the Bill, which had been held up smce dethroning the sovereignty of the people which new court commenced its hearings on the Bill November 18 last yeRr, said it was not a "press is enshrined in the Constitution and supplant on February 2.The Speaker's ruling had delayed gag or censorship bill". It did not, in any way, ing it with the sovereignty of the Press," Government's commitment to go ahead with take away the right of the Press to publish the Bill in the absence of an opinion by the de truthful news and to comment freely . There ESSENTIAL LEGISLATION funct three-member bench of the court. was no limitation whatsoever on comments. The Constitutional Court, presided over by The three judges, chosen by lot from the "fair or unfair", but it correctly denied the Mr. Justice Jaya Pathirana of the Supreme Press the right to publish falsehoods or to five-member panel of the Constitutional Court Court, referred to the plea of tbe petitioners to hear afresh the validity of the Bill, were Mr. defame, malign or denigrate anybody without that the Press Council, consisting of seven substantial grounds. Justice Jayapathirana of the Supreme Court members, could be sacked by the Minister and Mr. Justice Vernal Udalagama and Mr. concerned as they were to be appointed by the The Minister called it a "canard" to say that Justice Theodore Albertde Silva Wijesundera. President of the Republic on the advice of tbe retired Supreme Court judges. the Press Council, under the Bill, was vested Minister and opined that "the petitioners with judicial powers. It had only the right to appear to see a bear behind every bush." Tbe three judges, who had heard the peti compel a newspaper to publish a correction or tion earlier, resigned from the court following apology if it published false news. All of "If the Constitution enables the President difference of opinion with the Speaker on the fences by the Press, including the contempt of to appomt, on the advice of tbe Minister, interpretation of the clauses in the Constitu the Council, were punishable only by normal judges to the highest judicial tribunals, What tion relating to the two week time-limit set for courts of law Questions like excess of juris is the suspicion about the Minister advising the court to give its advice on any matter diction and violations of the principles of the President on the appointment of members referred to it by the Speaker. natural justice by the Press Council were also of the Press Council? Must we, in consider challengeable by writs in the Supreme Court. ing this Bill, presume that the Minister will act malafide and not in the interests of the DEADLINE MANDATORY The Press Council, which would have seven country. "To give such an interpretation and members nominated by the President of the to hold that, therefore. this is a violation of The Speaker and the Assembly were of the Republic, including the Director of Infor the Constitution would be doing injustice to view that the deadline was "mandatory", while m.,tion and two others representing journalists the Constitution." . the three judges felt that it was only and . newspaper employees, would not be a "directory" in the nature of a guideline. "subservient tool" of the Government and The eight petitioners, who had assailed would be as independent as the highest the Bill as violative of the fundamental right Tbe constitution of the new court was judiciary of the land, which was also appoint of "freedom of speech and expression, includ necessitated by the ruling of tbe Speaker on ed by tbe President on the advice of the Prime ing publication" enshrined in the Constitu January 19 that the second reading of the Bill Minister. It would be wrong to presume that tion, included Mr. J.R. Jayawardene, leader could not be proceeded with as the court, the President would be appointing "un of the United National Party in Parliament, which heard tbe petitions on the Bill, was not worthy men' to the Council, Mr. Bandaranaike two independent M.P.s and the Civil Rights properly and Jegally constituted as provided for stressed. Movement, an organisation comprising a wide in the constitution.

APRIL 1973 9 THE P.C.I. REVIEW REGISTERED NO. R.N. 21876/72 the film , or the news agency or tht: latest fad, the satellite, the basic issue rem;'ins", and those who were resourceful used them "as the cul mn I arms of this neo-imperiali sm'. This amounted to a "cultural invasion" of those countries which had in a d~quate resources. This was a war between unequals-between tho>e who wele sLbjected to this 'invasion'. The Minister w:l rned the developing One Asia Assembly countries " g H in~t this "information imperi a li sm" of the advanced nations to bt: vi gilant. They should refl li se that collective survival was NO REAL FREEDOM POSSIBLE WITHOUT the only possibility, otherwise tht:ir entire cultural structure would be in serious jeopardy. AN UNfETTERED PRESS This redity had to be faced and resisted. -- :0:---' Mr. Gujral felt that the stewardship by the mass media would become relevant only with Mr. Gujral Wants Printed Medium Not To Have the collective ownership of the satellite com munication which had become a predominant Too Much Dependence On Ads medium ot the day. He also pleaded for a comprehensive code of conduct for the use of THE Minister of State for Information and Broadcasting, Mr. Tnder Kumar Gnjral, said in satellites to limit the power and will of the Delhi on February 7 that the Press in India, though free, had to be made independent to "communication imperialists". This, he said, enable the media men play their role in the social transformation that the country had launched on. was most essential, and unless it was done considerable difficulties would arise. Speaking at a discussion on 'Stewardship suffered and sacrifked and paid heavily the of Mass Media' at the One Asia Assembly, price of liberty by expressing themselv;::s CO\1MUNICATION POLICIES Mr. Gujral said that whi le India was firmly freely. The Minister said that every society, committed to the freedom of the Pres~, fin an whether it was developed or developing. was ciers were giving it a diflt-rent meaning. The Indi cheri ~ hed and relished the values of now becoming conscious that unle ~s it had a Press was free so far as governmental inter'en freedom of expression as her struggle for libera communication polky it could not meet today's tion was concerned, but the money barons had tion went on, the Minister continued, and challenges. Ht: emphasised that the communi affected editc,rial independt!nce. Today , Press when freedom came, her commitment, both cation policy or the ownership of mass media .liberty was being used as freedom of expression socially and in the Constitution, to freedom of was alw:'ys determined by social and political for the owners of tht! news media. No expression had been and continued to be environments. Mass media could not be democracy could tolerate l'oncentration of absolute. People in India believed that fhere divorced from the socio-political set-up; it was private power strong enough to thwart the could be no freedom with an unfettered Press. governed by hi storical fact(>r, in any country. aspirations of the people. This constitutional guarantee, however, was India, like every other developing society., had sometimes mixed up, and it was felt that the to strike a baknce between what' was socially AGAINST VESTED INTER.ESTS freedom of expression was meant for those desirable, economically meaningful and techno who owned the mass media and had their own logically feasible. Unless and until a devebp The struggle of the media men in India, the purpose and own wny of looking at thinj!:s. Miniswr said, was against the vested interests. ing society was able to determine the equation This was part of the international 'free com Mr. Gujrp I pointed out that there were to its own satisfaction between these three munication movement' which was now spread some major imbalances in the growth of com basic factors, the communication policy could ing not only to America and F.urope but also munications all over the world. In the inter not become realistic. to the developing societies, because those who national sphere, the free flow of information Mr. Gujral said that in India, like other wanted to express themselves freely desired to was a myth. Communication empires had societies, every effort was being made to fill be free both from government;: I interference emerged, and the countries that were rich were the communication g~ p as quickly as possible, and the effects of ownership and stewanbhip today trying to dominate the thinking of the whether it was through the electronic or of the mass media. This was the reason why developing nations in the garb of information. printed media, but the difficulty of resources Government were determined to delink the "Whether it is the casette or the video-tape or would remain. big mdustry from the communication media as they felt that it conditioned and limited the [ r---t 11 r---t r---t r---t r---t r---t h r---t 0 r---t r---t ,.. r---t r---t r---t s--t r---t s--t s--t freedom of the Press. Mr. Gujral said that in India, as well as in [ Particulars About 'P.C.I. Review' In Form IV ] Asia the printed media had unfortunately copi~d the we~tem style of heing 100 much [ 1. Place of Publication New Delhi ] dep ~ ndent on advertisements. Those who now 2. Periodicity Quarterly ] advertised tended to be b