The Press Council Act, 1978

Summary of the Press Council Act, 1978
Objective
• Establish a Press Council of India to preserve the freedom of the Press.
• Maintain and improve the standards of newspapers and news agencies in India.
Key Provisions
1. Establishment of the Press Council
• Body Corporate: The Press Council of India is a body corporate with perpetual succession.
• Composition:
• Chairman (nominated by a Committee consisting of the Chairman of Rajya Sabha, Speaker of Lok Sabha, and a member elected by the Council).
• 28 other members, including:
• 13 working journalists (6 editors, 7 non-editors, with a minimum of 3 editors and 4 non-editors from Indian language newspapers).
• 6 from the newspaper management sector (2 each from big, medium, and small newspapers).
• 1 from news agencies.
• 3 with expertise in education/science, law, and literature/culture.
• 5 Members of Parliament.
2. Term and Conditions of Service
• Term: 3 years for members, with the Chairman potentially serving up to 6 months after the Council's reconstitution.
• Conditions: Chairman is a whole-time officer with a salary determined by the Central Government; other members receive allowances/fees.
3. Powers and Functions
• Objects:
• Preserve Press freedom.
• Maintain/improve newspaper and news agency standards.
• Functions:
• Help newspapers maintain independence.
• Establish a code of conduct.
• Ensure high standards of public taste and citizenship.
• Review developments restricting news supply.
• Study foreign newspapers' impact.
• Promote a functional relationship among press professionals.
• Address ownership concentration affecting Press independence.
• Powers:
• Censure newspapers/news agencies/editors/journalists for unethical behavior.
• General powers similar to a civil court for inquiries.
• Levy fees from registered newspapers/news agencies.
4. Financial and Administrative Provisions
• Funding: Through fees, Central Government grants, and other contributions.
• Staff: Appointed by the Council, with terms and conditions determined by regulations.
• Reports: Annual reports and budgets to be submitted to the Central Government.
5. Miscellaneous
• Protection: Actions in good faith under the Act are protected from legal proceedings.
• Public Servants: Members and employees of the Council are deemed public servants.
• Rule Making: Central Government can make rules, with the Council's consultation once established.
• Regulations: The Council can make regulations, subject to the Act and rules, with certain requiring Central Government approval.

Legislative History:

The Press Council Act, 1978

● Act Title - The Press Council Act, 1978

● Act Number / Year - 37 of 1978

● Act ID (India Code) - 197837

● Presidential Assent Date - September 7, 1978

● Enforcement Date - September 7, 1978

● Nodal Ministry - Ministry of Information and Broadcasting

Precedent & Historical Rationale

● Re-establishment of an Autonomous Press Watchdog - Enacted to re-establish the Press Council of India, which had been abolished during the Emergency via the Press Council (Repeal) Act, 1975.

● Preserving Freedom of the Press & Improving Standards - Formulated on the fundamental recommendations of the First Press Commission (1954) to safeguard the independence of the press, maintain and improve standards of newspapers and news agencies, build a code of conduct for journalists, and inquire into complaints against journalistic misconduct or governmental interference.

Parliamentary Trajectory & Enactment

● Formulation - Introduced by the Janata Party government under the Ministry of Information and Broadcasting as part of its legislative policy to undo Emergency-era curbs on media autonomy and institutionalize statutory self-regulation.

● Parliamentary Passage - Debated and passed by both Houses of Parliament (Sixth Lok Sabha and Rajya Sabha) during the monsoon session in August 1978.

● Presidential Assent - Received Presidential Assent on September 7, 1978.

● Enforcement - Enforced on September 7, 1978 .

Source - Official Record of Parliament, India Code, and Ministry of Information and Broadcasting.