Beginning of press & press Laws- The beginning of press law in India goes back to early eighteenth century. There was no statutory law at that period but the press was penalised by the stopping of circulation through the general Post Office. Another way of punishing the newspapers was forcibly deporting the editors to England.
After this, came the period of censorship of the press of the first time in 1795. But it was left to Lord Wellesley to make the press Regulation more systematic and drastic. On May 13, 1799, Regulations were issued for the control of newspapers published in Calcutta. These regulations were also applied to Bombay and Madras.
The censorship of Lord Wellesley continued for 17 years till the end of Lord Minto’s resign. Lord Hastings superseded these Regulation of censorship and issued on August 19, 1818, the following resolution- “To abolish the censorship and to substitute in its place some general rules for the guidance of editors calculated to prevent the discussion of topics likely to affect the authority of Government or to be injurious to the public interest.” Similar regulations were promulgated in Bombay in 1819 by the Governor of Bombay.
After the departure of Lord Hastings, M.R. Adam who officiated as Governor-General of India, issued new regulation for the re-imposition of press censorship. On April 4, 1823 new measures for regulating the press were issued. It stated among other things that “no newspaper, magazine, register, pamphlet, or other printed book or paper whatsoever in any language or character should print public news and intelligence or strictures on the acts, measures and proceedings of Government, or any political events or transaction whatsoever without having obtained a licence for that purpose from Governor-General-in -council.” Regulations were also issued concerning the establishment of printing presses on taking license from the Government.
However on August 3, 1835 during the Governor-Generalship of Sir Charles Metcalfe, a new Press Act was pressed repealing Adam Regulation in 1823 in Bengal and Bombay Regulations of 1825 and 1827 abolishing restriction on the Indian Press. During Mutiny, Government curtailed this freedom and Lord Canning’s government passed the Press Act of 1857. This was further modified in 1867.
During the Viceroyalty of Lord Lytton, on 14th March, 1878, the Vernacular Press Act-an Act for the better control of publications in Oriental languages, was passed. Under this Act, the printer and publisher of Indian language paper could be called upon to enter into a bond not to publish anything likely to excite disaffection against government, if a newspaper contravened this law, it was first warned and if the offence was repeated, its equipment was liable to be seized.
During the Viceroyalty of Lord Ripon, the liberal Viceroy, a bill was introduced on 7th December, 1881 for the repeal of the Vernacular Press Act. It was passed in 1882.
In 1908, during the political murders in Bengal, the Newspaper (Incitement of offences) Act was passed with the object of dealing with papers inciting to murder or acts of violence.
With the growth of the Nationalist movement and starting of numerous papers, Government was alarmed to the
passing of Press Act of 1910.
In 1921 Government of India in response to strong agitation against wide powers of the Press Act, set up a Committee to examine Press and Registration of Books Act, 1867, Indian Press Act, 1910 and to suggest modifications on the then existing law. The Committee recommended the following-
(1) Press Act of 1910 should be repealed, (2) Newspaper incitements to Offences Act should be repealed, (3) Press and Registration of Books Acts and Post Office Act should be amended to meet certain conclusions. The necessary amendments were made in the Act of 1922.
With the launching of the Civil Disobedience movement in 1930, a Press Ordinance was promulgated in 1930 which provided from the keeper of the press, and on the security being forfeited a fresh security of Rs. 1,000 to Rs. 10,000 could be demanded. If this future security was forfeited, the Government might forfeit the printing press. This Ordinance was later placed on the Statute Book as the Indian Press (Emergency Powers) Act, 1931.
During this world war II, the Government of India have formed a Press Advisory Committee in every province. This serves as buffer between Government and the press.
Press and Newspaper Organisation-were two bodies in India which seek to promote the welfare of Indian
newspapers- (1) Indian and Eastern Newspaper society, the object of which are as follows : (a) to act as a central organisation of the press of India, Burma and Ceylon, (b) to promote and safeguard the business interest of members as affected by the action of Legislatures, Governments, the Law courts, municipal and local bodies and associations or Organisations, etc., (c) to collect information upon all topics having a practical interest for members and to communicate the same to them, (d) to promote co-operation in all matters affecting the common interests of members, (e) to hold periodical conferences of its members to discuss and determine action on matters of common interests, (f) to make rules to govern the conduct of its members in specified matters, to provide penalties for the infringement thereof and to provide means of determining whether there has been such infringement, (g) to maintain a permanent secretariat in India which should watch over the interest of members and should permit of a constant interchange of information and views, (h)to do all such others things as may be conductive to the attainment of the aforesaid objects.
(2) All-India Newspaper Editors, Conference was started in 1940. Its constitution is as follows: (a) to preserve the high tradition and standards of journalism, (b) to serve and safeguard the interests of the press in regard to the publication of news and fair comment, (c) to serve all facilities and privileges to the press for the due discharge of its responsibilities, (d) to represent the press in India in its relation with public and public institutions and particularly in its relations to government, to set up Committers who would act liaison between the government and the press as a whole,(e) to establish and develop contacts with Associations with similar objects in other countries.
Another Association has also been started knows as Indian Newspaper Editor’s Conference to safeguard the interest of Indian Newspapers.
Apurba Barooah
Sr. Journalist
