CLAT 2024 Legal Set 3 (6 Questions with Solutions)

The Editors Guild of India has expressed concern over the "draconian…

CLAT 2024 · Legal Reasoning · 6 questions

The Editors Guild of India has expressed concern over the "draconian provisions" of the Press and Registration of Periodicals (PRP) Bill, 2023, that can have an adverse impact on freedom of the press. The Guild added: "Editors Guild of India 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 the press." "In the definitions section, the term 'specified authority' gives power to government agencies beyond the Press Registrar, to conduct the functions of the Registrar, which could even include police and other law enforcement agencies. Given the intrusive, expansive, and vague nature of powers that the bill in any case allows to the Press Registrar, the power to further delegate this power to other government agencies including law enforcement agencies is deeply distressing," the Guild said. The statement says sections 4(1) and 11(4) allow the Registrar to deny the right to bring out a periodical and cancel the certificate of registration of a periodical to persons convicted of "terrorist act or unlawful activity" or "for having done anything against the security of the State". "Interestingly, the PRB Act, 1867, had no such provisions. Given the liberal and arbitrary use of UAPA (which is the basis for defining 'terrorist act' and 'unlawful activity'), as well as other criminal laws, including sedition, against journalists and media organisations to suppress freedom of speech, the Guild is deeply concerned by the introduction of these new provisions, and the way they can be misused to deny the right to bring out news publications to persons who are critical of governments," it said. Among the other worrisome provisions listed by the Guild is Section 6(b), which gives power to the Press Registrar (as well as any other "specified authority") to enter the premises of a periodical to "inspect or take copies of the relevant records or documents or ask any questions necessary for obtaining any information required to be furnished". [Extracted, with edits and revisions from "Editors Guild of India expresses concern over draconian provisions of the Press and Registration of Periodicals Bills, 2023" published in The Telegraph dated 07-08-2023]

Question 1

The PRP Bill defines "newspaper" to mean a periodical of loose-folded sheets usually printed on newsprint and brought out daily or at least once in a week, containing information on current events, public news or comments on public news. Who among the following is covered by the definition of newspaper?

A. Mr. X publishing news content on digital media.
B. Mr. Y publishing books containing the comments of the public on public news.
C. Mr. Z publishing news content in print media on weekly basis.
D. All of the above.

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Question 2

Who among the following is not eligible to publish a periodical as per the PRP Bill?

A. Mr. A convicted of waging war against Government of India.
B. Mr. B, accused of unlawful activities under the Unlawful Activities Prevention Act.
C. Mr. C, accused of terrorist activities under the Unlawful Activities Prevention Act.
D. All of the above.

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Question 3

Which of the following is a threat to the freedom of press in India?

A. Liberal use of Unlawful Activities Prevention Act against Journalists refrains journalists from tracing, tracking and publishing investigative articles because they apprehend that they might be linked with criminals.
B. Use of Sedition laws against journalists under the guise that through their articles they are promoting hatred and exciting disaffection against the government.
C. Levy of GST on newspapers.
D. Both (a) and (b).

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Question 4

The PRP Bill defines "specified authority" to mean a District Magistrate or Collector or such other officer as the State Government or, as the case may be, Union territory Administration may, by notification, specify. The PRP Bill is criticised by Editors Guild of India because:

A. The definition of specified authority is too wide and can include even officers below the level of Collector. The PRP Bill enables the specified authority to perform the functions of Press Registrar General.
B. The PRP Bill confers various powers on the Press Registrar General including the power to register, deny registration, cancel the registration, etc.
C. The PRP Bill enables the specified authority to enter the premises of a periodical for inspection
D. All of the above.

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Question 5

Freedom of press is not specifically guaranteed under the Constitution of India but is implied in Article 19(1)(a) i.e. Freedom of Speech and Expression. Therefore, freedom of press is part of fundamental rights.

A. Freedom of press being a fundamental right, no law can be made for registration and denial of registration of newspapers.
B. Fundamental rights are not absolute rights and reasonable restrictions can be imposed on the exercise of fundamental rights and therefore, laws such as PRP Bill can be enacted.
C. Freedom of press being a fundamental right, journalists and press is exempt from the operation of general criminal law of the country.
D. None of the above.

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Question 6

PRP Bill denies the right to publish periodicals to a person who has been found to have committed a terrorist act and has been convicted by a competent Court in India. Which of the following is most appropriate reason?

A. The right to publish a periodical is denied because criminals do not possess any fundamental rights.
B. The right to publish a periodical is denied because such a person is a threat to the society and nation.
C. The right to publish a periodical is denied because they may not be neutral in reporting and may incite violence and spread disaffection against the state being themselves involved in terrorist acts.
D. All of the above.

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