Editors Guild voices concern on Press and Registration of Periodicals Bill

The Editors Guild of India on Sunday expressed deep concern over the Digital Personal Data Protection Bill and Press and Registration of Periodicals Bill, saying both the proposed laws will have an impact on media freedom.

The two Bills provide for “widening of censorship powers” and “intrusive and arbitrary checks” into the functioning of media organisations, it said while urging the Lok Sabha Speaker to send the Data Bill and Rajya Sabha Chairman to send the new press registration bill to respective Parliamentary committees for scrutiny.

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On the Digital Personal Data Protection Bill, which the government has listed for passing in Lok Sabha on Monday, the Guild said it creates an enabling framework for surveillance of citizens, including journalists and their sources.

The "deeply concerned" Guild spoke about the lack of exemptions for journalists from certain obligations of the law where reporting on certain entities in public interest may conflict with their right to personal data protection.

“This will lead to a chilling effect on journalistic activity in the country," it said adding, certain provisions also shift the balance in favour of non-disclosure of information, including information sought by journalists in public interest, thereby reducing accountability.

"We note, with dismay, that while the Bill, ostensibly to promote data protection, has failed to make any provisions that bring about the surveillance reform that is urgently needed, and in fact creates an enabling framework for surveillance of citizens, including journalists and their sources," the Guild said.

On the Press and Registration of Periodicals Bill, it said the new bill in fact “widens the powers of the State to have more intrusive and arbitrary checks” than the existing law had.

"The Guild is concerned about the expansion of powers of the Press Registrar, the new restrictions on citizens to bring out periodicals, the continuation of power to enter premises of news publications, the vagueness inherent in many of the provisions, and the ambiguity surrounding power to frame rules that can have adverse implications on press freedom," it said.

It expressed concern over the expansion of powers beyond Press Registrar, saying the further delegation of Press Registrar's powers to other government agencies, including law enforcement agencies is "deeply distressing".

The Guild also warned that the provision for denial and cancellation of registration to persons convicted for “unlawful activity” could be misused to deny the right to bring out news publications to people who are critical of governments given the "liberal and arbitrary" use of UAPA as well as other criminal laws, including sedition, against journalists and media organisations.

The provision for giving authority to enter a press organisation is "excessively intrusive and it is deeply concerning" that while on one hand, in the “Statement of Objects and Reasons” it is claimed that the intention is to make the process less cumbersome for press organisations, but yet such powers are continued from the earlier act, it said.

The Guild would like the proposed bill to ensure that publishing of news in India remains free of encumbrances and intrusive checks on publishers by the registrar, and that the primary emphasis of the registrar and the PRP remains ‘registration’ and not ‘regulation’, as the latter has the potential of restricting freedom of press.