February 4, 2013
PRESS NOTE
I have been receiving several
complaints from several newspapers/journals that the advertisements which were
being issued to them by the Central/State Governments or Statutory
bodies/Public Sector Undertakings have suddenly been stopped or drastically
reduced without issuing show cause notice and without assigning any
reason. Sometimes, this is done because
of the newspapers/journals publishing material critical of a government or some
of its Ministers/Officials.
In my opinion in a democracy the
people, including the Press, have a right to criticise the government, and this
is a part of the freedom of the speech under Article 19 (1) (a) of the
Constitution of India. Governments,
Ministers and Officials must develop tolerance and must have the strength to
stand up to criticism. Stopping advertisements
or drastically reducing them merely because a critical article has been
published, is totally undemocratic and shows pettiness of mind, and is totally
unacceptable in a democracy. Revenue from advertisements is the main financial
resource of a newspaper/journal, and hence such action can do great harm to it
and thus violate press freedom. The Press Council of India will not tolerate
any further this kind of behaviour on the part of any government, its Ministers
or Officials, and shall take suitable legal action in the matter.
In my opinion, once it has been
decided to give advertisements to a newspaper/journal, stopping or reducing it
thereafter without giving it an opportunity of hearing amounts to violation of
the principle of legitimate expectation and natural justice, and thus violation
of Article 14 of the Constitution.
I therefore, direct all Central/State governments including
Ministers or Officials and Statutory bodies/Public Sector Undertakings that if
it is proposed to stop the advertisements of some newspapers/journals, or
curtail them, then a prior show cause
notice
must be issued to that newspaper/journals mentioning the charges against it and
giving it opportunity of hearing.
Thereafter a reasoned order must be passed giving the reasons of such
decision, and this must be communicated to the concerned newspaper/journal.
In addition to the above, in the
case of advertisements, by the Central Government, Clause 18 of the New Advertisement
Policy of the DAVP of 2007 shall be followed in letter and spirit.
(Justice Markandey Katju)
Chairman
Press Council of India
Copy to:
1) Union
Minister of Information and Broadcasting.
2) Chief
Ministers of all the states
3) All
State Governments through their Secretary, Information departments
4) All
the members of the Press Council of India
5)
All the news agencies
6)
All the press bodies
