Law and You > Criminal Laws > Criminology > The Press Council of India (PCI)
The Press Council of India (PCI) is a statutory body created by the Press Council Act of 1978 under which entire print media industry comes. It is the apex body for the regulation of the Print Media in India. The whole print media of India comes inside the purview of the Press Council. The Council is entrusted with the mission of acting as a supervisory body over print media and maintaining the highest possible levels of journalistic veracity and conduct. It enjoys independence from the government. The object of the Act is to preserve the freedom of the press and maintain and improve the standards of newspapers and news agencies in India.
Objectives of PCI:
Press Council of India was instituted with the objective of achieving following goals:
- To assist newspapers to preserve their independence
- To put together the code of conduct for newspapers and journalists in harmony with high professional standards
- To keep under review any development likely to restrict the supply and dissemination of news of public interest and importance
- To keep under review such cases of assistance received by any newspaper or news agency in India from foreign sources, as are referred to it by the Central Government.
- To endorse the institution of such common service for the supply and dissemination of news to newspapers as may be desirable;
- To provide facilities for the proper education and training of persons in the profession of journalism.
- To promote a proper functional relationship among all classes of persons engaged in the production or publication of newspapers.
- To study developments which may tend towards monopoly or concentration of ownership of newspapers, including a study of the ownership or financial structure of newspapers, and if necessary, to suggest remedies therefore.
- To promote technical and other research work.
Composition of PCI:
The PCI consists of a chairman and 28 other members.
The Chairman is selected by the Speaker of the Lok Sabha, the Chairman of the Rajya Sabha and a member elected by the PCI.
The Composition of 28 Membersin PCI is as follows:
- 2 Rajya Sabha Members
- 3 Lok Sabha Members
- 7 Working Journalists (other than editors of newspapers)
- 6 Editors of Newspapers
- 3 people with specialized knowledge on public life
- 1 person who manages news agencies
- 6 persons in the business of managing newspapers.
Functions of PCI:
The main functions of the Press Council of India as per the objectives of the Press Council Act, 1965, are as follows:
- Helping newspapers in maintaining their independence;
- Building up a code of conduct for journalists and newspapers according to the high professional standards;
- Ensuring that the newspapers and journalists maintain high standards of public taste and foster a due sense of both the rights and responsibilities of citizenship;
- Encouraging the growth of a sense of responsibility and public service among all those engaged in the profession of journalism;
- Reviewing any development which is likely to restrict the supply and dissemination of news of public interest and importance;
- Reviewing such cases where assistance has been received by any newspaper or news agency in India from foreign sources, as are referred to it by the Central Government;
- Promoting the establishment of such common service for the supply and dissemination of news to newspapers as may, from time to time, appear to it to be desirable;
- Providing facilities for the proper education and training of persons in the profession of journalism;
- Promoting the proper functional relationship among all classes of persons engaged in the production or publication of newspapers;
- Studying developments that may lead towards monopoly or concentration of ownership of newspapers, including a study of the ownership or financial structure of newspapers, and if necessary, to suggest remedies.
- Promoting technical or other research.
- Doing such other acts as may be incidental or conducive to the discharge of the above functions.
Powers of PCI:
The Press Council of India (PCI) is a statutory body created by the Press Council Act of 1978 under which entire print media industry comes. It is the apex body for the regulation of the Print Media in India. The whole print media of India comes inside the purview of the Press Council. The Council is entrusted with the mission of acting as a supervisory body over print media and maintaining the highest possible levels of journalistic veracity and conduct. It enjoys independence from the government. The object of the Act is to preserve the freedom of the press and maintain and improve the standards of newspapers and news agencies in India.
The Press Council of India has following powers:
- An editor or journalist can complain to the Press Council of India (PCI) about the professional misconduct or violation of journalistic ethics by an editor or journalist.
- PCI is responsible for enquiring about the complaints it receives.
- It can summon witnesses, demand copies of public records.
- PCI can issue warnings, criticize the guilty, it could be journalist, newspaper, newspaper agency or editor.
- Decisions taken by the Press Council of India is final and it cannot be appealed before a court of law.
Limitations on the powers of the PCI:
- The PCI has limited powers of enforcing the guidelines issued. It cannot penalize newspapers, news agencies, editors and journalists for violation of the guidelines.
- The PCI only overviews the functioning of print media. That is, it can enforce standards upon newspapers, journals, magazines and other forms of print media.
- It does not have the power to review the functioning of the electronic media like radio, television and internet media.
Failure of the Objectives of the Act:
It’s disheartening to note that most of its objectives never have till date seen the light and are perishing in the book only.
Allegations Against Justice Markandey Katju:
He released a draft report in 2013 on behalf of the Press Council of India alleging that media in Bihar was not independent. He followed it up with an article in The Hindu attacking the Gujarat government and its’ Chief Minister Narender Modi. Arun Jaitely, the leader of opposition in Rajya Sabha stated that he must quit as his acts are politically motivated. His attack on non- congress governments whether in West Bengal, Bihar or Gujarat seem more in the nature of thanks-giving to those who provided him with a post-retirement job.
Allegations Against Justice Chandramauli Kumar Prasad:
Activist lawyer Prashant Bhushan has moved Supreme Court, which is sub-Judie seeking an order to Centre for removal of (retired) Justice Chandramauli Kumar Prasad from the post of Chairman, Press Council of India (PCI) for his alleged “official misconduct” while dealing with cases to confer huge pecuniary advantage to a private party (Mistry Construction) and thus committed criminal misconduct under section 13(1) (d) of the Prevention of Corruption Act as a judge of the apex court.
Ajay Goswami v. Union of India, (2007) 1 SCC 143 Case:
Press Council itself stated that it enjoys only insufficient authority, with its power inadequate to giving directions or censure etc. to the parties before it, to publish particulars relating to its enquiry and adjudication etc. The powers of the PCI in so far its authority over the press is concerned are enumerated under Section 14 of the Press Council Act, 1978. Nonetheless, it has no further authority to ensure that its instructions are complied with and its observations implemented by the erring parties. Lack of penalizing powers with Press Council has tied its hands in exercising control over the alleged publications. The apex court in the case ordered the central government to amend the aforementioned act to meet the criteria, but no action has been taken by the central government to this date.
Conclusion:
Press Council of India is the apex body for the regulation of the Print Media in India. The whole print media of India comes inside the purview of the Press Council. The PCI only overviews the functioning of print media. That is, it can enforce standards upon newspapers, journals, magazines and other forms of print media. It does not have the power to review the functioning of the electronic media like radio, television and internet media. It’s disheartening to note that most of the objectives of setting of Press Council of India never have till date seen the light and are perishing in the book only.