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Delhi
High Court rules on Syndication Arrangements in the Print Media
Sector
The
Delhi High Court on January 19, 2006 passed judgment that the
"Guidelines for Syndication Arrangements by Newspapers"
("Guidelines") issued by the Ministry of Information and
Broadcasting ("MIB") was against the freedom of speech
and expression guaranteed as a Fundamental Right [Article 19 1(a)]
under the Constitution.
The
aforesaid Guidelines restrict the publication of syndicated articles
and features by foreign writers and journalists in various newspapers
and magazines in India, to 20% of the total printed area of the
newspaper.
While observing that freedom of press need not be tested on nationality,
Justice Vikramjit Sen said the government in a circular could
not restrict the publication of syndicated articles and features
of the foreign publications in Indian newspapers, magazines and
periodicals.
''The
impugned circular to restrict the publication of foreign syndicated
articles to 20 per cent in the publications in India is struck
down as it is contrary to Article 19 of the Constitution,'' said
the order .
Syndication
arrangements are typically arrangements with foreign publications
(content provider) to secure materials like photographs, cartoons,
crossword puzzles, articles, features etc for publication in the
Indian newspaper.
The
MIB first permitted all registered newspapers to enter into syndication
arrangements with foreign publications, under the automatic approval
route of the MIB, from June 2003. Prior to June 2003 all syndication
arrangements had to be with the prior approval of the MIB. As
per the MIB circular of June 2003, only 7.5% of the printed space
(excluding advertising space) was permitted for publishing of
syndicated material.
The
current June 2005 Guideline, which limits the printing of syndicated
material to 20% of the printed space, provides the following conditions
also for compliance: -
- The syndicated
material should not include full copy of the editorial page
or the front page of the foreign publication,
- The masthead
of the content provider's publication should not be utilized
in the Indian publication,
- Credit
to the content provider should necessarily be given prominently
as a byline in the Indian publication,
- The material
procured under syndication arrangement should already have been
published in the content provider's publication.
Outcome
of the Delhi HC order
The
freedom of expression argument and the courts interpretation is
an interesting development. The Indian press has always been very
protective of its freedom and though this is not the first time
that the freedom of expression of the press has been brought up
in court, it is important as it involves foreign press in India.
As per the Constitution of India, the fundamental right to freedom
of expression is subject to reasonable restrictions that can be
applied by the State. If this order goes in appeal it will be
interesting to see what role these restrictions would play in
the final outcome.
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You
can direct your queries or comments to the authors
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Source:
Business Standard article dated January 20, 2006
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