- An article by Lavanya Goinka
Even though there were no current printing styles or concepts in ancient times, media communication continued. The Mughal Empire was the first to develop the written form of newspapers (the Mughals appointed akhbar nawis, or news writers) whose job it was to collect global news over a period of time and then distribute it via handwritten newspapers. Because the accuracy of the information was not ensured at the time, several writers provided incorrect information. During Akbar’s reign, offices were established to record and keep track of the news.
In 1878, the Vernacular Press Act was passed. The major word in the Act, ‘Vernacular,’ is taken from the Latin phrase vernaculus (meaning Native). Vernacular is a term that refers to the way regular people communicate in their daily lives. The ethnic languages that a nation’s people speak because they are more spoken than written are classified as vernacular languages. The Act was enacted in British India to limit the independence of the Indian press and prevent them from criticising the British government at the time.
The Vernacular Press Act of 1878 has a long and illustrious history.
During the British uprising, relations between the British government and the general populace deteriorated. Racial tensions arose as a result of the 1857 British insurrection. Racial hostility is a form of resentment and fury that stems from the notion that individuals of a different race aren’t like you, can’t be trusted, and don’t deserve the same things you do. During this time, the European Union consistently supported the ruling government. The vernacular press, on the other hand, used to criticise the reigning administration. The criticism dates back to 1782, when the Bengal Gazette of Hicky was suppressed for criticising the East India Company.
Other comparable publications met the same fate, and in the year 1799, Richard Wellesley and the 1st Marquess Wellesley were assigned the job of regulating the press. Each publication had to go through this process, in which the government determined what could and could not be published by the newspaper agencies.
Lord Lytton was India’s Viceroy (1876-80). He was an English politician best known for his ruthlessness during the Second Anglo-Afghan War and the Great Famine of 1876-1878. The vernacular press broadened its scope. Smaller towns began to print their own vernacular newspapers. This increased the number of readers and their anti-government sentiment. On the one hand, the Vernacular Press Act was being considered, but on the other hand, there were approximately 200 native language papers and just 20 English periodicals available. People were well-informed about the country’s political difficulties, which finally prompted them to speak out about them. Section 124A of the Indian Penal Code, 1860, established further offences such as sedition.
The government could have exploited this offence, but instead chose to enact a separate Act to control and regulate the vernacular press throughout India. In 1878, Lord Lytton announced the implementation of the Vernacular Press Act and selected officials to it who were loyal to the ruling party, throughout response to widespread revolts in the country.
All of the government’s actions enraged the populace and caused them to turn against Lytton’s plans. On the one side, the country was suffering from starvation, and on the other, Lytton was focused on building and spending significantly on the imperial Delhi Durbar.
Before the revolution, there was a timeline.
- The Indian Gazette is founded in 1780.
- 1784 — The Bengal Gazette, a weekly publication, is established.
- Bengal Journal, Oriental Magazine, and Madras Courier are founded in 1785.
- Bombay Herald, 1789 (first printed in 1790).
- Bombay courier, 1790.
Press laws in India have a long history.
The East India Company acquired control of India after the Battle of Plassey in 1757. At the time, there were no laws governing the press. The first Indian newspaper, the Bengal Gazette, was produced during the British government’s reign. However, it was confiscated in 1872 as a result of growing government criticism. Bengal was the first to apply Adam’s regulations about licencing. Licensing was reinstated by Lord Canning in 1857. This was extended to all of the publications. Defamation, obscenity, and other offences were added to the Indian Penal Code in 1860.
Vernacular Press Act : a way toward Indian press laws
Provisions of the Vernacular Press Act, 1878
The district magistrate may order the printer and publisher of any vernacular newspaper to sign an agreement stating that none of their published papers would include hostility, dissatisfaction, or animosity toward the government. If a press fails to follow the instructions and meet the terms of the agreement, the security deposit will be forfeited, and the press equipment will be seized. The Act gave the district magistrate the authority to prosecute people who committed the crime. The press was not allowed to submit a re-appeal in any of the courts, and the magistrate’s decision was final and binding. A native publication may be exempt from the Act’s operation if it produces proofs to the government censor.
The Act made a clear distinction between European and non-European newspapers. Newspapers in the vernacular were never given a chance to prove themselves.
The Amrita Bazar Patrika, which became an English daily overnight, was the most notable example. The vernacular newspaper took this approach to avoid liability under the Vernacular Press Act. Som Prakash, Bharat Mihir, Dhaka Prakash, and Samachar Darpan were some of the other vernacular newspapers that were utilised to criticise and express anti-government sentiment.
Indians and Vernacular Press Act : the impact
Indian nationalists had only one main purpose in mind: to defend the nation’s sentiments and freedom of expression against the British. The vernacular press proved to be the only means of educating them about their rights and the value of liberty. The Act was enacted at the same time as the country began its revolution, disrupting the process. The Vernacular Press Act became known as the country’s ‘Gagging Act’ after it was enacted. The Indian people believed that the Europeans and the vernaculars were treated unfairly. Indians’ feelings were hurt, and they lost faith in the government as a result of its discriminatory behaviour.
The pre-censorship clause was eliminated after the Amrita Bazar Patrika case, which means that an officer would be appointed to supply the press with accurate and true news. The Som Prakash newspaper, which belonged to Ishwar Chandra Vidyasagar, was also terminated in the midst of the commotion between the government and the people of the country. They gave pledges and made certain that they established an alliance with the government and backed them up, and the war was renewed in 1880. For leading seditious campaigns challenging the government, many newspapers were fined harshly and editors were imprisoned. The repeal of the Act was requested by the entire country.
Repealing of the Vernacular Press Act
The fundamental goal of Indian nationalists was to safeguard the nation’s sentiments and freedom of expression against the British. The only way to educate people about their rights and the significance of liberty was through the vernacular press. The Act was passed at the same time as the country’s revolution began, causing the process to be disrupted. Following its passage, the Vernacular Press Act became known as the country’s ‘Gagging Act.’ The Indians felt that Europeans and vernaculars were being treated unfairly. Indians’ sentiments were hurt, and as a result of the government’s discriminating actions, they lost faith in it.
Present Indian press laws
Press freedom is not governed by a separate set of laws, but rather by Article 19(1)(a) of the Indian Constitution, which guarantees freedom of speech and expression. Those who write about politics and analyse various political agendas place a high value on press freedom. The fundamental right of Freedom of Speech and Expression includes the freedom of the press. In each case, the judiciary determines whether or not the actions of the press fall under the umbrella of Freedom of Speech and Expression.
The Indian Telegraph Act of 1885 regulates the use of cable and wireless telegraphy, as well as digital communications, among other things. Under this Act, government law enforcement authorities are authorised to monitor and tap phone lines in accordance with the Indian Constitution’s provisions.