How to Make Complaint Against Press

Procedure for filing the complaint

 

1.            Complaints against the Press

          It is open to any person to lodge a complaint with the Press Council against a newspaper for a breach of the recognized ethical canons of journalistic propriety and taste.  The complainant need not necessarily be the person aggrieved or directly involved. The alleged breach may be in the publication or non-publication of a news-item or statement, or other material, like cartoons, pictures, photographs, strips or advertisement which are published in a newspaper. Cases can also be initiated by any member of the public against any professional misconduct by an editor, working journalist, staff of a newspaper or engaged in freelance work.  There can also be a complaint against any matter transmitted by a news agency by any means whatsoever.

          

By virtue of the Press Council (Procedure for Inquiry) Regulations, 1979, complaint shall be lodged with the Council within the following periods:

 

(i)                  Dailies, News agencies and Weeklies  ……..  within 2 months

(ii)                In all other cases                                     …….  within 4 months

Provided that a relevant publication of  an earlier date may be referred to in the complaint.

 
Write to the editor first

            It is a requirement of the Inquiry Regulations that the complainant should initially write to the editor of the newspaper drawing his attention to what the complainant considers to be a breach of journalistic ethics or an offence against public taste.  Such prior reference to the editor affords him an opportunity to deal with the matter in the first instance and thus allows the respondent to take such remedial action as he might consider appropriate before the complaint is lodged with the Council.  This rule is necessary because it acquaints the editor with the identity of his accuser and the details of the complaint.  It is conceivable that in some instance the complainant has been wrongly informed or has misinterpreted the facts.  In others, it may be a case of inadvertent error which the editor is only too ready to admit and correct.  If the would-be-complainant is satisfied, that would be the end of the matter.

 

            Where, after reference to the newspaper, the person desires to proceed with the complaint, he should enclose with his complaint copies of correspondence with the editor, if no reply has been received from the editor, the fact should be mentioned in the complaint.

          

The complainant has, in his complaint, to give the name and address of the newspaper, editor or journalist against whom the complaint is directed.  A clipping of the matter or news-items complained of, in original or self  attested copy (English translation, if the  news item(s) is in vernacular) should accompany the complaint. The complainant has to state in what manner the passage or news-items or the material complained of is objectionable.  He should also supply other relevant particulars, if any.

In the case of a complaint against non-publication of material the complainant will, of course, say how that constitutes a breach of journalistic ethics.

            The Council cannot deal with any matter which is sub-judice in the law court. The complainant has to declare that “to the best of his knowledge and belief he has placed all the relevant facts before the Council and that no proceedings are pending in any court of law in respect of any matter alleged in the complaint.” A declaration that “ he shall notify the Council forthwith if during the pendency of the inquiry before the Council any matter alleged in the complaint becomes the subject matter of any proceedings in a court of law" is also necessary.

 

 

2.            Complaints regarding oppression to Press freedom

 

A newspaper, a journalist or any institution or individual can complain against Central or State Government or any organization or person for interference with free functioning of the press or encroachment on the freedom of the press. Such complaints should contain full particulars of the alleged infringement whereupon the Council shall follow the procedure of inquiry set out herein above so far as may be.

 

            The opinion expressed by the Council sub serves two useful purposes, namely (i) that any abuse of press freedom does not pass without anybody noticing it or raising a finger of protest, and (ii) that the press should not in its own interest indulge in scurrilous or other objectionable writings-writings such as have been considered below the level of recognized standards of journalistic ethics by a fair minded jury like the Council constituted of the press itself, for it would lead to the very loss of the much prized freedom of the press.

 

 

Address of the respondent:

 

            It is a requirement of the Inquiry Regulations that the complainant should draw the attention of the respondent(s)/authorities towards the grievances state how the action/inaction of the respondent authorities amounts to curtailment of the freedom of the press mention the possible reason for the action/inaction of the respondent(s)/authorities duly supported by documentary evidence and furnish a copy of the letter written to the respondent(s)/authorities.

 

            In case the action of the respondent(s)/authorities  is a reprisal measure for writings in the newspaper, critical of the respondent(s), the cuttings of such reports be furnished in original or as self attested copies (English translation, if the news item(s) is in vernacular.

 

            Furnish a copy of the reply, if any received from the respondent(s)/authorities. Provided that the Chairman may waive this requirement in his discretion.

 

            By virtue of the Press Council(Procedure for Inquiry) Regulations, 1979, limitation of time is four months from the   date of cause of action.

 

            Provided that the Chairman may condone the delay if he is satisfied that there exist sufficient reasons for such condonation.

 

             The Council cannot deal with any matter which is sub-judice in the law court. The complainant has to declare that “to the best of his knowledge and belief he has placed all the relevant facts before the Council and that no proceedings are pending in any court of law in respect of any matter alleged in the complaint.” A declaration that “ he shall notify the Council forthwith if during the pendency of the inquiry before the Council any matter alleged in the complaint becomes the subject matter of any proceedings in a court of law" is also necessary.