Media Law Lecturer:
Printing presses and Publications ( declaration and Registration) Act 1973
Learning points:
1. The Objective of this Act: page: 237
long title Preamble
The object of this act is to provide for declaration for keeping of printing press and publication of newspaper and registration of books.
1. Books: It includes every volume, pamphlet, in any language, every sheet of music, map chart or plane separately printed.
2. Editor: Editor means the person who control the selection of the matter that is published in a newspaper.
3. Newspaper: Newspaper means any periodical সাময়িক work containing public news or comments on public news and including such other class of periodically works authorised by the Government.
4. Painter: painter means the person who owns or keeps in his possession any press for the painting of books or papers.
5. printing press: It includes all engines machinery types lithographic stones implement and other plant or materials used for the purpose of painting.
6. Publisher: publisher is the person who undertakes or is in control or is responsible for the publication of book or paper and also includes the proprietor of the publishing concern.
7. Authenticated Declaration it means a declaration made under section 7 and authenticated under section 12.
3.Conditions of keeping painting press:
The conditions have been discussed in Section 4 of this Act. In order to keep printing press the person shall have to make a declaration in the form of A and to be submitted before the District Magistrate within whose local jurisdiction the press may be
however if the location of the press is changed a fresh declaration to be made before the connected District Magistrate.
4. Publication of newspaper:
In order to publish newspaper certain rules shall have to be fulfilled. preconditions of publication of newspaper.
1. Before publication of newspaper and authentication declaration is a must in respect thereof.
2. The name of the editor to be printed on newspaper.
3. The Printer and the publisher of every Newspaper shall appear before the District Magistrate at the time of making declaration in the form of B.
4. To get license of Publication the printer, the publisher, the Editor shall have to be major under the majority Act.
(5)
Effect of non Publication
After getting the from- B declaration authentication under section 12 the newspaper shall have to be published within the three months. If it is not published within 3 months the declaration Shell be Null and Void. (Problem
After publishing newspaper on-a) for daily newspaper if Publication is postponed for more than 3 months; b) for newspaper other than the dailies. if it is postponed for a period more than 6 month the declaration shall be Null and Void.
5. Registration of Books:
Section 27 of this Act deals with essentials of registration of books and prescribes the procedure of registration of books.
A Book shall contain following particulars to be registered
1. The title of the book and the contents of the title page, with a translation into Bangle of such title and contents, When the same is not in Bangle language.
2. The language in which the book is written,
3. The name of the author, translator or editor of the book or any part,
4. The subject matter of the Book,
5. The place of painting and place of Publication,
6. The name of the painter and the name of the publisher,
7. The date of issue from the Press or place of the publication,
8. The number of sheets and pages,
9. Number of editors,
10. Number of copy of which the editor consists,
11. Whether the book is Painted or lithography,
12. The price at which the book is sold to the public.
13. The name and residence of the proprietor of the copy right.
After fulfilling these condition the book to be submitted before connected officer nominated by the government for this purpose. After receiving it the concern Officer shall register It and keep a serial mentioning the particulars of the books in the government Record.
After complying with section 27 the book shall be published in the official Gazette under section 28.
Authenticated Declaration:
we know to get license for publication of newspaper or for keeping print a person needs to make a declaration under section 7 of this Act. The declaration needs to be authenticated for it’s validity. According to section 12 District Magistrate shell authenticate The declaration if it complies with the following conditions.
Section: 12
1. Each of the duplicate, originals of every declaration made under section 7,
2. The proprietor, the printer and the publisher must be a citizen of Bangladesh.
3. The proprietor if not painter or publisher shell authorise then in the declaration.
4. The title of the newspaper shall not match with any existing newspaper in and out of Bangladesh.
5. The painter or the publisher shall not be convicted for any offence relating to moral turpitude within 5 years before the date of it’s making such declaration.
6. The painter or publisher must not be the lunatic or unsound,
7. The proprietor or publisher much have financial resources for the purpose of Publication.
8. The editor must have reasonable educational qualification and adequate training in journalism.
If the aforementioned conditions are fulfilled The declaration shall get authenticated by the District Magistrate.
Refusal to authenticate the Declaration:
If the District Magistrate refuges to authenticate the declaration the person making the declaration may within 45 days of such refusal prefer an Appeal to the press Appellate Board. The decision of the Appellate Board shall be the final in this regard.
Deadline of Authentication:
After receiving the declaration the District Magistrate is supposed to authenticate or makes his decision within 60 days. If he fails to do so the person making the declaration may prefer an appeal to the press Appellate Board asking for decoration in favour of authentication.
Cancellation of authentication Declaration:
Section 20 of this Act discusses on the grounds of cancellation of authentication.
Declaration can be cancelled on following grounds:
1. The proprietor or The printer or The publisher has ceased স্থগিত /Suspended to be a citizen of Bangladesh,
2. The painter or publisher has been convicted of an offence relating to moral Turpitude.
3. The printer or the publisher has been found lunatic or unsound,
4. The proprietor or publisher has t resource the financial capabilities,
Remedy against cancellation:
The aggrieved person may be prefer and appeal against the decision of cancellation within 60 days before that press Appellate Board..
Press Appellate Board:
Section 2 (a) of this Act establishes the press Appellate Board. The press Appellate Board shall be consisted of following members
namely
1. Chairman of the Press Council,
2. A member of the said Press Council nominated by the Chairman,
3. An officer in the service of the Republic nominated by the government not below the rank of joint secretary.
Printing presses and Publications ( declaration and Registration) Act 1973
Learning points:
1. The Objective of this Act: page: 237
long title Preamble
The object of this act is to provide for declaration for keeping of printing press and publication of newspaper and registration of books.
1. Books: It includes every volume, pamphlet, in any language, every sheet of music, map chart or plane separately printed.
2. Editor: Editor means the person who control the selection of the matter that is published in a newspaper.
3. Newspaper: Newspaper means any periodical সাময়িক work containing public news or comments on public news and including such other class of periodically works authorised by the Government.
4. Painter: painter means the person who owns or keeps in his possession any press for the painting of books or papers.
5. printing press: It includes all engines machinery types lithographic stones implement and other plant or materials used for the purpose of painting.
6. Publisher: publisher is the person who undertakes or is in control or is responsible for the publication of book or paper and also includes the proprietor of the publishing concern.
7. Authenticated Declaration it means a declaration made under section 7 and authenticated under section 12.
3.Conditions of keeping painting press:
The conditions have been discussed in Section 4 of this Act. In order to keep printing press the person shall have to make a declaration in the form of A and to be submitted before the District Magistrate within whose local jurisdiction the press may be
however if the location of the press is changed a fresh declaration to be made before the connected District Magistrate.
4. Publication of newspaper:
In order to publish newspaper certain rules shall have to be fulfilled. preconditions of publication of newspaper.
1. Before publication of newspaper and authentication declaration is a must in respect thereof.
2. The name of the editor to be printed on newspaper.
3. The Printer and the publisher of every Newspaper shall appear before the District Magistrate at the time of making declaration in the form of B.
4. To get license of Publication the printer, the publisher, the Editor shall have to be major under the majority Act.
(5)
Effect of non Publication
After getting the from- B declaration authentication under section 12 the newspaper shall have to be published within the three months. If it is not published within 3 months the declaration Shell be Null and Void. (Problem
After publishing newspaper on-a) for daily newspaper if Publication is postponed for more than 3 months; b) for newspaper other than the dailies. if it is postponed for a period more than 6 month the declaration shall be Null and Void.
5. Registration of Books:
Section 27 of this Act deals with essentials of registration of books and prescribes the procedure of registration of books.
A Book shall contain following particulars to be registered
1. The title of the book and the contents of the title page, with a translation into Bangle of such title and contents, When the same is not in Bangle language.
2. The language in which the book is written,
3. The name of the author, translator or editor of the book or any part,
4. The subject matter of the Book,
5. The place of painting and place of Publication,
6. The name of the painter and the name of the publisher,
7. The date of issue from the Press or place of the publication,
8. The number of sheets and pages,
9. Number of editors,
10. Number of copy of which the editor consists,
11. Whether the book is Painted or lithography,
12. The price at which the book is sold to the public.
13. The name and residence of the proprietor of the copy right.
After fulfilling these condition the book to be submitted before connected officer nominated by the government for this purpose. After receiving it the concern Officer shall register It and keep a serial mentioning the particulars of the books in the government Record.
After complying with section 27 the book shall be published in the official Gazette under section 28.
Authenticated Declaration:
we know to get license for publication of newspaper or for keeping print a person needs to make a declaration under section 7 of this Act. The declaration needs to be authenticated for it’s validity. According to section 12 District Magistrate shell authenticate The declaration if it complies with the following conditions.
Section: 12
1. Each of the duplicate, originals of every declaration made under section 7,
2. The proprietor, the printer and the publisher must be a citizen of Bangladesh.
3. The proprietor if not painter or publisher shell authorise then in the declaration.
4. The title of the newspaper shall not match with any existing newspaper in and out of Bangladesh.
5. The painter or the publisher shall not be convicted for any offence relating to moral turpitude within 5 years before the date of it’s making such declaration.
6. The painter or publisher must not be the lunatic or unsound,
7. The proprietor or publisher much have financial resources for the purpose of Publication.
8. The editor must have reasonable educational qualification and adequate training in journalism.
If the aforementioned conditions are fulfilled The declaration shall get authenticated by the District Magistrate.
Refusal to authenticate the Declaration:
If the District Magistrate refuges to authenticate the declaration the person making the declaration may within 45 days of such refusal prefer an Appeal to the press Appellate Board. The decision of the Appellate Board shall be the final in this regard.
Deadline of Authentication:
After receiving the declaration the District Magistrate is supposed to authenticate or makes his decision within 60 days. If he fails to do so the person making the declaration may prefer an appeal to the press Appellate Board asking for decoration in favour of authentication.
Cancellation of authentication Declaration:
Section 20 of this Act discusses on the grounds of cancellation of authentication.
Declaration can be cancelled on following grounds:
1. The proprietor or The printer or The publisher has ceased স্থগিত /Suspended to be a citizen of Bangladesh,
2. The painter or publisher has been convicted of an offence relating to moral Turpitude.
3. The printer or the publisher has been found lunatic or unsound,
4. The proprietor or publisher has t resource the financial capabilities,
Remedy against cancellation:
The aggrieved person may be prefer and appeal against the decision of cancellation within 60 days before that press Appellate Board..
Press Appellate Board:
Section 2 (a) of this Act establishes the press Appellate Board. The press Appellate Board shall be consisted of following members
namely
1. Chairman of the Press Council,
2. A member of the said Press Council nominated by the Chairman,
3. An officer in the service of the Republic nominated by the government not below the rank of joint secretary.
The Press Council Act 1974
Composition of the press Council:
The press Council of Bangladesh comprised of 15 members. There shall be as chairman of the press council who shall be a judge of the supreme court nominated by the President of Bangladesh Among 14 members-
Three will be working journalists.
Three will be editor of the news Agencies.
Three will be owners of the news Agencies.
A penal of 3 experts who will be nominated by the UGC, Bangladesh Academy and Bangladesh Bar council.
Rest 2 members will be MPs nominated by the speaker.
Establishment of press council: MCQ very Importance for exam.
The Press Council Act was passed in 1974 with an object to Preserve freedom of press to maintain and improve the standard of newspaper and news Agencies in Bangladesh. The first Press Council was established in 1979. The Press Council he started to walk in 1980.
In order to ensure better standard in journalism the Press Council took the code of conduct for the newspapers and News Agency in 1993.
Press council
The object and function of the Bangladesh Press Council (BPC):
i. The object of Bangladesh Press Council is to Preserve the freedom of press and to maintain and improve the standard of newspaper and news Agencies.
ii. The Council shall have the following function to fulfill it’s object:-
a) To help newspaper and news Agencies to maintain their freedom,
b) To build up a code of conduct for journalists as well as for newspapers and News Agencies,
c) To ensure on the part of newspaper journalist sense of responsibility journalism and foster লালনপালন করা a due sense of both the rights and responsibilities দায়িত্ব of citizenship.
d) To encourage sense of responsibility and Public Service among all the engaged in the profession of journalism,
e) To keep under the review the development of the initiatives উদ্যোগ taken by it,
f) To keep under the review cases of the assistance taken by any newspaper on newspaper agency in Bangladesh form any foreign source permitted by the Government,
g) To undertake দায়িত্বগ্রহণ করা studies and research of national and foreign newspapers their circulation প্রচলন and impact প্রভাব ।
h) To provide the facilities for the proper education and training of persons in the profession of journalism.
i) To promote technical or other research,
j) To promote a proper function relationship among all person engaged in journalism,
k) Finally to do some other acts which are incidental to discharge বাদ হয়ে the above-mentioned functions.
***
Laws related to film
Generally film or the area of Film includes making of films, Exhibition of films, rules regarding exhibition and place of exhibition. To cover these areas we have two laws-
1. The cinematograph Act, 1918
2. The censorship of Film Act, 1963
The synopsis of cinematography act 1918
This Act protects the interest of all persons involved in making of Films.
Cinematograph exhibition to be Licensed:
Section 3 Under this section n person must have to Get license for Exhibitions of films from the government in accordance with the law That means, without getting permission from the government. Exhibition of film is not possible.
This permission is called license for exhibition of films.
Licensing Authority:m
Section 4 deals with licensing authority and the licensing authority shall be the Deputy commissioner (DC).
Essentials to Get license:
Section 5 of this act deals with the conditions which need to be fulfilled to get license for exhibition of Films.
1) The person who seeks license much follow or satisfy the rules made under this Act.
2) It must have sufficient arrangement for ensuring the safety of persons attending the exhibition.
3) A conditions shall be inserted/ added in every license that the license will not exhibit or প্রদর্শক permit to exhibit in such place any film other than a film which has been certified as a suitable for public exhibition
4) Lisencing may urgent conditional license.
The censorship of films Act 1963:
The films which are suitable for public exhibition can only get permission for exhibition. Therefore, It is important to ascertain whether a particular film is suitable or not for exhibition. The censor board plays this important role.
Constitution of the Censor Board: under section: 3
It shall be constituted of a Chairman and such member of members not exceeding 14 appointed by the Government.
The object of the Censor Board is to examine and certify film for public exhibition if it is suitable for public exhibition.
Certification of Films
A film gets certificate Under Section 4 of The censorship of films Act 1963
The process is as a follow:-
1) The person shall submit the film with application before the Bangladesh film Censor Board.
2) After receiving application the board will constitute team to examine the film.
3) If the board finds the film suitable for public exhibition it will grant license.
4) sometime the license may be conditional.
Appeal: section 4b
If the Censor Board will not grant license.
The aggrieved person have the rights to being appeal before the Government agencies the decision of the Censor Board.
According to Section 4b appeal shall have to be made within 30 days form the date of receipt of such decision.
Suspension of Certificate: section 5
The Deputy commission shall have the power to suspend certificate under the Section 5 of this Act.
if He finds any film is not suitable for public exhibition.
Seizure of Film section: 7A
If any film contravenes any prohibition set by the Government for exhibition or after getting license Contravenes afterwards and the Board has reason to believe it, It may order in writing The police officer not below the rank of sub inspector or any District Information Officer to search such place and seize the films.
Section 8: Penalty: 10,000 or 3 years or five thousand take per day or three months.
a) If a person does Exhibition an illegal movie;
b) Modifies an approved movie;
c) Displays Unauthorized movies;
d) It breaks any section of the law.
e) He shall be punishable with fine which may extend to take ten thousand, or he shall be punishable with imprisonment for a term which may extend to three years, but not less than one year, or with both.
and if the crime continues, he will be fined more than five thousand taka per day.
f) The court shall be forfeited the Film to the Government.
g) The court may pass the sentence that the cinematograph film shall not be exhibited in that place for such period. But the period or time shall not be exceeding three months.
Writer: Jubaer Ahmed
Advocate of Bangladesh Supreme Court.
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