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History of Media Laws in Sub- Continent

This article explores the history of media laws in the subcontinent, focusing on the development of printing press and the regulations imposed by the Britishers. It covers key acts such as Lord Wellesley's Press Act and the Licensing Regulations of 1823.

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History of Media Laws in Sub- Continent

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  1. History of Media Laws in Sub- Continent MCOM 301: Media Law & Ethics

  2. Printing Press in Subcontinent • Printing in subcontinent was started by Portuguese. • Equipment of printing press were brought by ship in 1550. • A printing press was developed in Goa in 1557. • The main objective of the press was to print Christian literature.

  3. Printing Press in Subcontinent • Britishers also encouraged the printing in subcontinent and different presses were published as follows • 1674 Bombay • 1772 Madras • 1779 Calcutta • 1778 Bangla

  4. PRESS AND GOVERNMENT 1780-1822 • William Bolt in 1776 showed his interest in publishing first newspaper in subcontinent • and was therefore ultimately deported back to England by East India Company.

  5. PRESS AND GOVERNMENT 1780-1822 • In 1780 James Augustus Hickey started his English newspaper Bengal Gazette also named as Hickey’s Gazette. • Early newspapers were published in English language which was not a matter of concern for East India Company

  6. PRESS AND GOVERNMENT 1780-1822 • So they were at ease that these newspapers cannot raise the people against them in anyway. • And therefore they did not regulate them and other publications in the form of any law. • However, they showed a little concern initially

  7. PRESS AND GOVERNMENT 1780-1822 • Just after few months of its first publication, hickey was stopped from using postal services for his newspaper circulation. • Hickey was charged of writing inappropriate paragraph about renowned personalities, maligning their good reputations and interfering with the peace and calm of the colony.

  8. PRESS AND GOVERNMENT 1780-1822 • Lord Wellesley’s Press Act, 1799 • The first law enforcement against the English newspapers was carried in 1799 • Publisher had to print his name at the bottom of the newspaper. • The owner and editor of the newspaper were bound to inform the government about his address.

  9. PRESS AND GOVERNMENT 1780-1822 • Lord Wellesley’s Press Act, 1799 • Newspaper could not be published on Sundays. • No newspaper could be published without the inspection of government secretary. • The person, who would not abide by the above rules, would be deported to Europe immediately.

  10. PRESS AND GOVERNMENT 1780-1822 • The Press Act, 1801 • In 1801, Calcutta Gazette published a public notice that newspapers need prior sanction to publish the following:- • Military Order. • Army List. • Books, pamphlets or any printing material relating to Military affairs.”

  11. PRESS AND GOVERNMENT 1780-1822 • The Press Act, 1813 • “The proof sheets of all newspapers, including supplements and all extra publication should be sent to the Secretary to the Government before publication. • Proof sheets of all advertisements should be sent to the Secretary of the Government before publication.

  12. PRESS AND GOVERNMENT 1780-1822 • The Press Act, 1813 • Titles of all original works, proposed to be published, should also be sent to the Secretary. • The rules established before, would remain in full force.”

  13. PRESS AND GOVERNMENT 1780-1822 • The Press Act, 1818 • “Lord Hastings issued directions for the newspapers that they should not publish: • Hostility towards the actions of Court of Directors or Public Institutions of England associated with Indian Government.

  14. PRESS AND GOVERNMENT 1780-1822 • The Press Act, 1818 • criticism on the accords or political judgments regarding stability of the sub-continent. • Discussions or material that would likely to affect the authority of the government or injurious to public interest.

  15. PRESS AND GOVERNMENT 1780-1822 • The Licensing Regulations, 1823 • Jame Jahan Numa first Urdu newspaper appeared on the scene from Calcutta in 1822 • Urdu was not a popular language at that time therefore Munshi Sada Sukh later converted it into Persian and then made it a bilingual newspaper.

  16. PRESS AND GOVERNMENT 1780-1822 • The Licensing Regulations, 1823 • An important press act was introduced by the foreign rulers in 1823 immediately after native people’s idea of publishing newspapers in their own languages (Persian, Urdu, Bengali).

  17. PRESS AND GOVERNMENT 1780-1822 • The Licensing Regulations, 1823 • Every printer and publisher to obtain a license from the Governor General for starting a press or using it. • The application for obtaining a license must contain names of the newspaper, editor, printer and its owner.

  18. PRESS AND GOVERNMENT 1780-1822 • The Licensing Regulations, 1823 • In case of hiring or firing of any person associated with the paper, the Governor General should be informed. • The Governor General had the right to revoke a license or call for a fresh application.

  19. PRESS AND GOVERNMENT 1780-1822 • The Licensing Regulations, 1823 • The penalty for printing or publishing any literature without the requisite license was Rs. 400 for each such publication or imprisonment in default thereof. • Magistrates were authorized to attach unlicensed presses.”

  20. PRESS AND GOVERNMENT 1822-1857 • The Metcalf’s Act, 1835 • “A declaration would be needed to publish a newspaper. If place of printing would be changed, a new declaration would have to be submitted. • The Printer and publisher would be responsible for the material published in a newspaper

  21. PRESS AND GOVERNMENT 1822-1857 • The Metcalf’s Act, 1835 • The printer and publisher of every newspaper would be required to declare the location of the premises of its publication. • Violation would be five thousand rupees fine and two year imprisonment.”

  22. PRESS AND GOVERNMENT Pre-Post 1857 • When the war of independence began British government wanted to curtail the freedom of press completely so therefore they victimized different local papers claiming that this war is the result of that freedom which was given by them to local media.

  23. PRESS AND GOVERNMENT Pre-Post 1857 • At this time the 1823 press regulation were maintained in the form of a new act. • This new act was called Gagging Act/ Licensing Act and was promulgated on June 1857 for one year.

  24. PRESS AND GOVERNMENT Pre-Post 1857 • The Licensing Act, 1857 • The Act prohibited the keeping or using of printing press without a license from the Government. • The Government reserved the discretionary right to grant licenses or revoke them at any time.

  25. PRESS AND GOVERNMENT Pre-Post 1857 • The Licensing Act, 1857 • The Government was also empowered to prohibit the publication or circulation of any newspaper, book or other printed matter. • In case of violation the Government will seize the printing press.

  26. PRESS AND GOVERNMENT Pre-Post 1857 • British came out victorious • Muslim ruler’s throne was toppled by them. • Muslims had to face more bitter consequences than Hindus. Newspapers published and edited by them.

  27. PRESS AND GOVERNMENT Pre-Post 1857 • Particularly the newspapers and journalists of Delhi were blamed to be responsible for the so-called mutiny and rebellion against British and East India Company.

  28. PRESS AND GOVERNMENT Pre-Post 1857 • Sadaq-al-akhbar edited by Syed Jamiluddin and Delhi Urdu Akhbar edited by Maulvi Muhammad Baqir were closed down by the Raj as a punishment to stand against them. • MaulviBaqir was even murdered as the punishment of his rebellious writings. • The number of publications dropped from 35 in 1853 to 12 in 1858.

  29. PRESS AND GOVERNMENT • The Newspapers Act, 1908 • The newspapers of the time often commented adversely on the Government policies. • Thegovernment followed a repressive policy and enacted the Newspapers (Incitement to Offences) Act

  30. PRESS AND GOVERNMENT • The Newspapers Act, 1908 • 1908. According to this Act: • The magistrates were empowered to confiscate printing presses, property connected thereto of newspapers which published objectionable material which served as incitement to murder or acts of violence;

  31. PRESS AND GOVERNMENT • The Newspapers Act, 1908 • The newspaper editors and printers were given the option to appeal to the High Court within fifteen days of forfeiture of the press. • Under the Newspapers Act of 1908, the Government launched prosecutions against nine newspapers and confiscated seven presses.

  32. Khilafat Movement 1914-1924 • The Khilafat movement was a religio-political movement launched by the Muslims of British India for the retention of the Ottoman Khilafat and for not handing over the control of Muslim holy places to non Muslims.

  33. Khilafat Movement 1914-1924 • When Khilafat movement started in 1914 Muslim journalists played a vital role to steer the direction of the struggle. • Zamindar of Molana Zafar Ali Khan, • Comrade and Hamdard of Maulana Muhammad Ali Jauhar, • Al-Hilal and Al-Balagh of Molana Abul Kalam Azad,

  34. Khilafat Movement 1914-1924 • Urdu e Mualla of Molana Hasrat Mohani • the prominent newspapers and magazines which performed their duties to express their resentment. • These Muslim journalists and their papers were sentenced and sanctioned several times

  35. Khilafat Movement 1914-1924 • In 1910 another press act was enforced by the Raj, • under this press act only Zamindar had to give security 11 times. • Newspapers and journalists of Bombay, Delhi, UP, Madras were particularly under strict observation in this period.

  36. Khilafat Movement 1914-1924 • Rowlett Act, 1919 • Rowlett Act was a black law introduced in India. • government got authority to persecute any Indian and the arrested had no facility of legal assistance and right to appeal • Quaid e Azam resigned from the central legislature as protest.

  37. Press and Government After 1924 • In 1929, after the failure of All Parties Conference in which Hindus rejected demands presented by Muslim leaders and refused to adjust them in anyway, Indian politics divided into Muslim politics and Hindu politics and similarly Muslim journalism and Hindu journalism.

  38. Press and Government After 1924 • The Indian Press (Emergency Provisions) Act, 1931 • This Act gave sweeping powers to the provincial governments in suppressing the propaganda for the civil disobedience movement. • In 1932, the Press Act of 1931 was amplified in the form of the Criminal Amendment Act of 1932.

  39. Press and Government After 1924 • The Indian Press (Emergency Provisions) Act, 1931 • During the Second World War, pre-censorship was reinforced and at one time the publication of all news related to the Congress activities were declared illegal.

  40. Press and Government After 1924 • In 1942, Congress started Quit India Movement which became quite violent, press laws were amended again by the government to control them, strict actions were taken against newspapers that supported this movement which were mostly Hindu newspapers.

  41. Press and Government 1947-1958 • When Pakistan appeared on the map of world, cold war or ideological war was going on between Soviet Union and America and the channel being used was media; • whole world was divided in two blocks i.e. Communist block and American block.

  42. Press and Government 1947-1958 • When Pakistan came into being it also has to choose between the two, so leaders of the nation decided to be a part of American block • after that numerous actions were taken against those newspapers, magazines and journalists who were more bent towards communist school of thought.

  43. Progressive Papers Limited (PPL) • important organization formed by Mian Iftikhar uddin, a former member of a communist party of India, • when Quaid-e-Azam Muhammad Ali Jinnah asked Muslim journalists of sub-continent to publish newspapers from different places to spread the message of Muslim League and to support the Pakistan Movement.

  44. Progressive Papers Limited (PPL) • The intellectuals in PPL were mostly those that took part in Progressive Writers Movement (1936) • it is the only organization in the history of Pakistan that gathered such a huge number of laureates and intellectuals under its roof.

  45. Press and Government 1947-1958 • After joining American Block the first newspapers and publications that were targeted by the government were PPL’s publications. • In 1953 Communist Party was banned; • from 1947-53 almost 58 magazines and books were banned by the establishment and removed from the market.

  46. Press and Government 1958-1969 • On October 7, 1958, President Sikander Mirza abrogated the Constitution • Declared Martial Law in the country. • This was the first of many military regimes. • Ministers were dismissed, Central and Provincial Assemblies were dissolved and all political activities were banned

  47. Press and Government 1958-1969 • General Muhammad Ayub Khan, the then Commander-in-Chief of the armed forces, became the Chief Martial Law Administrator. • The parliamentary system in Pakistan came to end. • Within three weeks of assuming charge on October 27, 1958, Sikander Mirza was ousted by General Ayub Khan, who then declared himself President.

  48. Press and Government 1958-1969 • Ayub Khan within the first week of his coup detained • Syed Sibt e Hassan, editor of weekly Lail o Nihar, • Ahmed Nadim Qasmi, editor of Imrooz and • Faiz Ahmed Faiz, editor of Pakistan Times • who worked for Progressive Papers Limited (PPL)

  49. Press and Government 1958-1969 • Took over the PPL’s papers on April 18, 1959, • this move was aimed at reining the PPL ( publishing Pakistan Times, Imrooz, Lail-o-Nihar, Sports Times) from roaming in the “DISTANT ORBITS AND ALIEN HORIZONS” as the PPL backed Progressive Ideology. • Board of directors of PPL was dissolved and an administrator was appointed.

  50. Press and Publications Ordinance (PPO) • In 1961 Press and Publications Ordinance was formed and enforced to keep the newspapers under government’s control. • It was a black law completely boycotted by media organizations and journalists. • According to one clause stated in this ordinance all newspapers were ordered to publish DPR’s or PID’s published handouts as it is which is simply against freedom of press.

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