PRESS COUNCIL OF INDIA Annual Report (April 1, 2011 - March 31, 2012) New Delhi Printed at : Bengal Offset Works, 335, Khajoor Road, Karol Bagh, New Delhi-110 005 Press Council of India Soochna Bhawan, 8, CGO Complex, Lodhi Road, New Delhi-110 003 Chairman: Mr. Justice Markandey Katju Editors of Indian Languages Newspapers (Clause (a) of Sub-Section (3) of Section 5) NAME ORGANIZATION NOMINATED BY NEWSPAPERS Shri K. S. Sachidananda Editor’s Guild of India, All India Malayala Manorama, Murthy Newspaper Editors’ Conference and Malayalam Daily, Hindi Samachar Patra Sammelan Kottayam, Kerala Shri Shravan Kumar Garg Editor’s Guild of India, All India Dainik Bhaskar, Newspaper Editors’ Conference and Hindi Daily, Hindi Samachar Patra Sammelan New Delhi Shri Jagjit Singh Dardi Editor’s Guild of India, All India Charhdikala, Newspaper Editors’ Conference and Punjabi Daily, Hindi Samachar Patra Sammelan Patiala, Punjab Shri Sheetla Singh Editor’s Guild of India, All India Janmorcha, Hindi Newspaper Editors’ Conference and Daily, Faizabad, Hindi Samachar Patra Sammelan Uttar Pradesh Shri Anil Jugalkishor Editor’s Guild of India, All India Daily Amravati Agrawal Newspaper Editors’ Conference and Mandal, Amravati, Hindi Samachar Patra Sammelan Maharashtra 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 New Delhi Cameramen’s Association and Indian Journalists Union Shri Uppala Lakshman National Union of Journalists, Press Samayam, Association and Working News Telugu Daily, Cameramen's Association Hyderabad Shri Arvind S. Tengse National Union of Journalists, Press Photo Journalist, Association and Working News Freelancer Cameramen’s Association Shri Kosuri Amarnath National Union of Journalists, Press Freelance Journalist, Association, Working News Hyderabad Cameramen’s Association Shri Kalyan Barooah National Union of Journalists, Press The Sentinel/ Association, Working News The Assam Tribune Cameramen’s Association and Indian Journalists Union NAME ORGANIZATION NOMINATED BY NEWSPAPERS Shri Sondeep Shankar National Union of Journalists, Press Photo Journalist, Association, Working News Freelancer Cameramen’s Association and Indian Journalists Union Shri Arun Kumar National Union of Journalists, Press Navbharat Times/ Association and Working News The Times of India, Cameramen’s Association Patna Owners and Managers of Big, Medium and Small Newspapers* (Clause (b) of Sub-Section (3) of Section 5) Shri Vijay Kumar Chopra Indian Newspaper Society Punjab Kesari, Hindi Daily, Jalandhar, Punjab Shri Sanjay Gupta Indian Newspaper Society Dainik Jagran, Hindi Daily, New Delhi Shri Gurinder Singh Indian Newspaper Society, All India Indian Observer, Small and Medium Newspapers English Daily, Federation and Association of Small New Delhi and Medium Newspapers of India Shri V.K. Chopra Indian Newspaper Society, All India Filmi Duniya, Small and Medium Newspapers Hindi Monthly, Federation and Association of Small Delhi 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 News 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 Milan Kumar Dey 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) **Kumari Meenakshi Natarajan (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) awaited ** Resigned on January 23, 2012 Contents Foreword Chapter I General Review 1 Chapter II Adjudications in Complaints Regarding Threats to 88 Press Freedom Chapter III Adjudications in Complaints Filed Against the Press 98 Chapter IV Finances of the Council 2011-2012 110 Annexures A Statement of Cases April 1, 2011- March 31, 2012 132 B Colloquium Report-Delhi Declaration 133 C Gazette Notification dated June 15, 2011 139 D Gazette Notification dated October 5, 2011 146 E Graph of Adjudications 2011-2012 147 F Report on Visit of Press Freedom Commission 148 of South Africa Delegation on Research Mission to India on November 23, 2011 G Subject Index of Adjudications in Complaints 150 Regarding Threats to Press Freedom (2011-2012) H Subject Index of Adjudications in Complaints 154 filed Against the Press(2011-2012) I Index of Principles Recorded in Adjudications 165 in Complaints Regarding Threats to Press Freedom J Index of Principles Recorded in Adjudications in 166 Complaints filed Against the Press K Subject Index of Orders Passed by the Press and 168 Registration Appellate Board (2011-2012) Foreword My association with the Press Council began on October 5, 2011 when my eminent predecessor Justice G.N. Ray demitted office after about six and half years’ distinguished service to the institution. It has now been almost six months since I took over as Chairman of the Press Council of India. I must admit that I have gained greater insight into journalism and journalistic practices in the past months. The concept of a body established to promote ethics in the media and simultaneously safeguarding its interests is important to the progress of a democratic country. In a democracy, issues are ordinarily resolved by discussion, persuasion and dialogue and that is the method to be preferred, rather than using harsh measures. Whereas 90 per cent of the problems can be resolved in this way, in exceptional cases, where a section of the media proves incorrigible despite trying the democratic method mentioned above, harsher measures may be resorted to. The matter was taken up by me with the Prime Minister requesting for amendment in the Press Council Act by bringing the electronic media under the purview of the Press Council (which may be renamed the Media Council) and by giving it more teeth- e.g. giving the power to suspend government advertisement or in extreme cases even the licence of the media houses for some time. As Goswami Tulsidas said: “Bhaya Bin Hoe Na Preet”. This, however, should be resorted to only in extreme cases and after the democratic method proves futile. I have been supporting the cause of freedom of the media. The recent Court order asking the channel Times Now to pay Rs. 100 crore as damages for an inadvertent inaccuracy appeared to me grossly disproportionate to the offence. Further, taking note of several reports/complaints from various quarters about attacks on mediapersons and covert measures adopted to undermine press freedom fact finding teams have been set up by me to take stock of the ground realities in various areas. Letters to the Chief Ministers of Jammu and Kashmir, Uttar Pradesh, Maharashtra, Chhattisgarh were sent by me and positive responses have been received showing their full support to the cause of press freedom. In the matter of proceedings initiated against mediapersons who reported that an MLA watching obscene clips on his mobile, the Karnataka Assembly Speaker was urged by me to reconsider his decision taking all aspects into consideration against those MLAs who brought disgrace to the House. I am happy to say 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 as I intend to make it an instrument of mediation which is, in my opinion, the democratic approach. I may add that the claim to self regulation is I feel not workable and all institutions in a democratic set up are subject to regulation by an independent statutory authority. I may add that regulation is a concept distinct from ‘control’. In control there is no freedom, whereas in regulation there is freedom but it is subject to reasonable restrictions in the public interest. For this purpose, I need the help and co-operation and advice of all mediapersons and bodies associated with the media. Further, if the Government makes the relevant amendments to the Press Council Act and Rules under it, as suggested by the Council to strengthen it and to enable it to discharge its functions more efficiently and effectively, the Council is bound to emerge as an authority to be reckoned with for its support for the freedom of the press while at the same time asking the press to act responsibly. I hope and trust the readers will find this report useful and informative as the earlier ones. Markandey Katju Place: New Delhi Chairman Dated : 31.3.2012 Press Council of India CHAPTER – I General Review A democracy and the media complement each other to create a better society and a progressive nation. For a proper functioning of democracy it is essential that citizens are kept informed about news from various parts of the country and the world because only then can they form rational opinions. A citizen surely cannot be expected personally to gather news to enable him or her to form such opinions. Hence, the media plays an important role in a democracy and serves as an agency of the people to gather news and information for them. It is for this reason that freedom of the press has been emphasised in all democratic countries, while it was not permitted in feudal or totalitarian regimes.