·The Hindu·15 marks·250–350 words

The Press and Registration of Periodicals Act, 2023 marks a shift from a colonial-era licensing framework to a facilitative regime. Critically examine, with reference to circulation verification and press freedom.

New · District CollectorCan you hold the district for 72 hours?Floods, a heatwave, an outbreak, a grievance queue. Take the decisions, see the consequences.Play →
In this answer
  1. Facilitative shift: the gains
  2. Circulation verification
  3. Press freedom concerns

The Press and Registration of Periodicals (PRP) Act, 2023 (Act No. 51 of 2023) [3] repeals the colonial Press and Registration of Books Act, 1867. In its place, it sets up online registration through a Press Registrar General of India [1]. The procedure has clearly become easier, but the discretion the Act keeps limits how far the regime can be called "facilitative".

Facilitative shift: the gains

  • Online registration: publishers apply online to the Press Registrar General and a specified local authority, which replaces the paper-based 1867 process [1].
  • Narrower scope: books and scientific/academic journals are excluded, so only periodicals are regulated [1].
  • Graded penalties: monetary penalties apply, for example up to ₹5 lakh for publishing without registration [1].
  • Appeals: there is a statutory Press and Registration Appellate Board to hear appeals [3].

Circulation verification

  • Merit: the Press Registrar General can verify the circulation of prescribed periodicals, call for annual statements and access the owner's records [1][2]. Verified figures make advertising rates more honest, especially for government advertising, which is paid from public money.
  • Concern: the rules decide which periodicals are covered and what method is used [1], and delegated legislation gets less parliamentary scrutiny than the Act itself. The power to inspect records could also be used selectively against critical publications.

Press freedom concerns

  • Freedom of circulation: Article 19(1)(a) covers circulation (Sakal Papers v Union of India, 1962) [4]. Any verification must therefore stay a reasonable restriction under Article 19(2).
  • Broad disqualification: a person convicted of a terrorist act, unlawful activity, or acts against the "security of the State" cannot bring out a periodical [1]. These terms are wide and can be stretched.
  • Executive control: registration can be suspended for 30–180 days or cancelled [1].
  • Foreign editions: printing a facsimile edition of a foreign periodical needs prior approval from the Centre [1].

Overall, the Act updates the procedure, but the State's discretion has not gone away. The way forward is to notify a uniform, published verification method, put each periodical's verified figures in the public domain, set time limits for appeals, and define the disqualification grounds narrowly. If the rules respect Article 19, the Act can become the facilitative regime it is meant to be, one that balances transparency with a free press.

Sources

  1. 1PRS Legislative Research – The Press and Registration of Periodicals Bill, 2023 (Bill Track & Summary): repeal of the 1867 Act, online registration, exclusion of books and journals, Press Registrar General's powers (circulation verification, suspension and cancellation), disqualification grounds, ₹5 lakh penalty, foreign facsimile approval, rule-based scope
  2. 2Press and Registration of Periodicals Bill, 2023 – Bill text (PRS): annual statements and access to periodicals' records
  3. 3The Press and Registration of Periodicals Act, 2023 (Act No. 51 of 2023), India Code: Act number and the Press and Registration Appellate Board
  4. 4Sakal Papers (P) Ltd. v Union of India, AIR 1962 SC 305, Supreme Court of India: freedom of circulation as part of Article 19(1)(a)

More from this note