On December 21, 2023, the Lok Sabha passed the Press and Registration of Periodicals Bill, 2023 ("PRP Bill"), revoking the colonial-era legislation of the Press and Registration of Books Act, 1867 ("PRB Act").

The PRB Act was designed to regulate the printing presses and newspapers and imposed strict penalties, including imprisonment, for non-compliance with its provisions. The procedures outlined in the PRB Act were intricate and burdensome, causing undue difficulties to publishers for running a newspaper. The PRB Act required the involvement of various offices at both the State and Central Government levels, leading to delays and obstacles in the process. The elaborate steps, including submitting a declaration to the designated Authority, authenticating it, and subsequently applying to the Press Registrar for title verification and certification, were burdensome and time-consuming. It was noted that due to the aforementioned complex procedures, there is a substantial backlog of registration applications from publishers nationwide. The manual handling and verification of numerous physical documents at the District Magistrate ("DM") offices and the Registrar of Newspapers for India ("RNI") contribute to prolonged processing times. Currently, it takes approximately 5 (five) months for registration applications to be processed in RNI and several months in the DM's office. In certain instances, the processing period exceeds a year. It was also highlighted that the penalties, which included imprisonment even for minor violations, did not align with the principles of independent India and its constitutional values.

The PRB Act was not in sync with the evolving media landscape and the changing governance approach, which emphasizes swift and efficient service delivery through technology and increased accessibility for citizens. In a significant move, the PRP Bill has simplified and synchronized the title allotment and periodical registration process, through an online system that eliminates the need for any physical interface. This streamlined approach, once made effective, will empower the Press Registrar General ("PRG") to expedite the process, thereby ensuring minimal obstacles for publishers, especially those of small and medium-sized publications. Notably, publishers would no longer be obligated to submit declarations to the DM or local authorities, nor would they be required to have such declarations authenticated.

This article explores the key changes brought about by the PRP Bill:

  1. Grant of Title Allotment and Certificate of Registration Periodicals
  • The PRP Bill has introduced a streamlined online process to apply for title verification and the issuance of a registration certificate by the PRG concurrently.
  • The PRP Bill has simplified the application process and eliminated the requirement of furnishing any declaration before the local authority or its authentication.
  • Individuals convicted of offenses involving terrorist act or unlawful activity, or having done anything against the State's security will be prohibited from publishing a periodical.
  • Facsimile edition of a foreign periodical can be printed in India with prior approval from the Central Government and its registration with the Press Registrar General.
  1. Printing Presses
  • Printers of periodicals would be required to provide an online notification to the PRG and the local authority.
  • The printer is exempt from filing a declaration before the local authority or obtaining authentication from it.
  1. Role of DM/Local Authority
  • The PRP Bill envisages a minimal role of the DM/local authority in the issuance of registration certificates and title allotment.
  • Upon receiving an application, the DM is expected to furnish comments or a No Objection Certificate ("NOC") to the PRG within 60 (sixty) days. Subsequently, the PRG can make a registration decision even if comments or NOC are not received within the aforementioned period.
  • Publishers will not be required to file any declaration before the DM.

Difference between the PRB Act and the PRP Bill

S. No. Particulars PRB Act PRP Bill
1. Registration of Periodicals The PRB Act covers the registration of newspapers1, periodicals, and books. It also provides for cataloguing of books2. The PRP Bill focuses on the registration of periodicals, defined as publications (including a newspaper) which is published and printed at regular intervals, containing public news or comments on public news, excluding books or journals, including a book or journal of scientific, technical and academic nature.
2. Foreign Periodicals The PRB Act does not contain provisions for foreign periodicals. The PRP Bill permits the printing of an exact reproduction of a foreign periodical in India with prior approval from the central government. The registration process for such periodicals will be outlined.
3. No Declaration for Printing Presses The PRB Act mandates that a declaration specifying the printer/publisher be made to the DM, who then sends it to the Press Registrar, who then issues a certificate of registration. The PRP Bill allows the publisher of a periodical to obtain a registration certificate by filing an online application with the PRG and a specified local authority. Convicted individuals of a terrorist act or unlawful activity will not be allowed to publish a periodical.
4. Registration of Printing Press The PRB Act requires a printing press to be declared before the DM.3 The PRP Bill facilitates the submission of printing press information through an online portal.
5. Appellate authority The Press and Registration Appellate Board, constituted under the PRB Act, comprises a chairman and another member nominated by the Press Council of India ("PCI"), and it adjudicates appeals from individuals dissatisfied with a Magistrate's order regarding authentication or cancellation of a declaration within a stipulated period of 60 (sixty) days.4 The PRP Bill also introduces an appellate authority, the Press and Registration Appellate Board, consisting of the Chairperson of the PCI and two PCI members. The aforesaid board will address appeals related to registration refusal, penalties, or suspension/cancellation by the PRG and such appeals may be filed within 60 days


Conclusion

In conclusion, the PRP Bill represents a substantial overhaul of the outdated PRB Act, 1867 by introducing a streamlined and modernized registration process for periodicals. Notable enhancements include online applications, the elimination of mandatory declarations before the DM, and provisions for foreign periodicals. The PRP Bill reflects a responsive approach to the changing media landscape and governance priorities, emphasizing efficiency, accessibility, and regulatory clarity. The introduction of an appellate authority further strengthens the legal framework, ensuring a timely resolution of appeals related to registration matters. Overall, the PRP Bill, 2023, signifies a positive step toward aligning India's regulatory environment with contemporary needs and technological advancements. The PRB Bill was passed by the Rajya Sabha during the Monsoon Session, this year and has received the assent of the President on December 28, 2023. The notification date for the PRP Bill is awaited.

Footnotes

1. Section 19B of the PRB Act, 1867.

2. Section 18 of the PRB Act, 1867.

3. Section 5 of the PRB Act, 1867.

4. Section 8C of the PRB Act, 1867.

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