Ch: 2 Origin of Press laws

Indian Context

Why press legislations?

Press originated in Europe in the 16th Century

The control over the citizens was broken for the first time

The Church and the Monarch wanted restrictions- to control the content

Initially severe punishments were meted out

Early days of press

The earliest controls were in the form of registrations- licensing

Licensing- permits to start a printing press/newspaper

Royal Charter- only a few influential people got the permits

Trouble-makers were deliberately kept out

Licensing in India

Hickey- the earliest newspaper came out in 1780

There were no restrictions/laws governing the publishing in India

The governor-general could take action only under the general laws of the land

Punished and deported under the Sedition Law

Inadequate- led to the Licensing Act

Prior Restraint

Licensing- get the official permission to start a newspaper/keep a printing press

The permit could be taken away in case of violation

Printers were forced to deposit a huge amount of money- forfeit to government

Finally, the act was removed from the statute but replaced with censorship

Censorship in India

Pre-censorship- before publishing anything the newspaper has to be approved for printing by the authorities

Allowed the government to control content perceived to be against the state/people in the government

Prior-restraint- against freedom of press and stunned the growth

Defamation

Defamation- any communication that lowers the reputation of an individual in the eyes of the society

Both civil and criminal defamation Brought into law through the IPC 1860 Any journalist/newspaper writing

scurrilous reports- punished

Vernacular Press Act

Attention of the British in India was the English language press

The language press had more influence- First war of independence 1857

The govt. brought in Vernacular Press Act- silence the language press

Indian Penal Code

Punishment for violating:Communal harmony- inciting hatred or enmity among

different communities- Art. 153AArt. 295A and Art. 298Decency and morality- any writing, photos that are

construed as obscene Art. 292A, Art. 292, Art. 293, Art. 294

Public order- writing that disturbs public order is punishable – 1st Constitutional Amendment 1951

Official Secrets Act

The British Official Secrets Act brought down to India

Indian Official Secrets Act, 1918- to protect official secrets/state secrets

Stop and punish journalists/newspapers giving government information to the public