Press Council of India Asserts “Media restrictions in national Interest”.

Seeks intervention in the Executive

Editor of Kashmir Times Petition in Apex Court

By : – Syed Ali Taher Abedi

The Press Council of India, a media watchdog, which is statutorily tasked with ensuring freedom of the press, justifies the ban on internet and mobile phones and even for the travel in the Valley.

The Press Council of India in its petition mentioned it’s functions under section 13 of Press Council Act,1978,.

It highlighted the norms of Journalistic conduct which establishes the main locus standi. 

Section 13 of PCI Act says that

 Objects and functions of the Council.—(1) The objects of the Council shall be to preserve the freedom of the Press and to maintain and improve the standards of newspapers and news agencies in India.

• The Council may, in furtherance of its objects, perform the following functions, namely:—
  • to help newspapers and news agencies to maintain their independence;
  • to build up a code of conduct for newspapers, news agencies and journalists in accordance with high professional standards;
  • to ensure on the part of newspapers, news agencies and journalists, the maintenance of high standards of public taste and foster a due sense of both the rights and responsibilities of citizenship;
  • to encourage the growth of a sense of responsibility and public service among all those engaged in the profession of journalism;
  • to keep under review any development likely to restrict the supply and dissemination of news of public interest and importance;
  • to keep under review cases of assistance received by any newspaper or news agency in India from any foreign source including such cases as are referred to it by the Central Government or are brought to its notice by any individual, association of persons or any other organisation:

Provided that nothing in this clause shall preclude the Central Government from dealing with any case of assistance received by a newspaper or news agency in India from any foreign source in any other manner it thinks fit;

• to undertake studies of foreign newspapers, including those brought out by any embassy or other representatives in India of a foreign State, their circulation and impact.

Explanation.—For the purposes of this clause, the expression “foreign State” has the meaning assigned to it in section 87A of the Code of Civil Procedure, 1908 (5 of 1908);

• to promote a proper functional relationship among all classes of persons engaged in the production or publication of newspapers or in news agencies:

Provided that nothing in this clause shall be deemed to confer on the Council any functions in regard to disputes to which the Industrial Disputes Act, 1947 (14 of 1947), applies;

• to concern itself developments such as concentration of or other aspects of ownership of newspapers and news agencies which may affect the independence of the Press;
  • to undertake such studies as may be entrusted to the Council and to express its opinion in regard to any matter referred to it by the Central Government;

The Kashmir Times Editor in her petition states that shutting down of communication and flow of information, including denial of access to television, also amounts to a denial of information which is otherwise available as part of the public records for public consumption and use and such denial of information are undemocratic and unconstitutional.

The Press council of India said that it would like to present its views to the court in order to assist in deciding in the petition.