Expanding powers – The registration Bill is as draconian as the old one

Source: The post is based on the article “Expanding powers – The registration Bill is as draconian as the old one” published in Business Standard on 8^th August 2023.

Syllabus: GS 2 – Governance – Government Policies & Intervention

Relevance: concerns with the Press and Registration of Periodicals Bill, 2023.

News: Recently, the Press and Registration of Periodicals Bill, 2023 was passed in the Rajya Sabha. It repeals the Press and Registration of Books, 1867.

What are some of the provisions of the Bill?

The Bill simplifies the registration process, excludes scientific and academic journals from its purview, and decriminalizes the offence of filing improper information.

What are the concerns with the Bill?

First, the legislation grants an excessive amount of authority to the press registrar general, a government-appointed official.

Under Sections 4(1) and 11(4) of the Bill, the registrar general is empowered to deny approval or revoke the registration certificate of any owner or publisher who has been convicted by a court for engaging in “terrorist or unlawful activity” or “having done anything against the security of the State”.

Both Sections specify that the definitions of “terrorist act” and “unlawful activities” are outlined in specific clauses of the Unlawful Activities (Prevention) Act (UAPA), 1967.

However, these terms are phrased in such a way that they can be interpreted broadly or narrowly at the discretion of the authorities.

This brings a sense of ambiguity and makes it possible for any news publication to have its registration cancelled if the registrar general deems it unfit.

Second, the Bill allows the registrar general to enter premises to verify information.

Third, it also allows the registrar general to appoint other agencies to monitor a publication’s functions.

Fourth, the Bill grants the government the authority to establish regulations governing the practice of news publishing.

This has been done to align with the government’s establishment of a “fact-checking unit” as per the Information Technology Rules of 2021, which gives the powers to order content to be taken down.

What can be the way ahead?

The government should refer the Bill to a committee for deeper deliberations before the Lok Sabha passes it because in its current form, it cannot be described as an exemplar of Indian democracy in practice.