CHAPTER FOUR MEDIA & JOURNALISTS WORKING JOURNALISTS ACT The Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act 1955. This Act is brought into existence to regulate the working conditions of the working journalsts and ensure proper wages and stability of employment. This was necessitated to recognise the significance of the media of the press, though under the control of private enterprise, and the need was felt to regulate in the interest of protecting the freedom of speech and independence of journalists. One of the significant aspects of this law is that an independent wage board is envisaged to be constituted for fixing a just and reasonable salary for the working journalist, and to make it a statutory obligation of the management to pay it without allowing any defence on the basis of economic viability of the media organization. The Working Journalists (Amendment)Act 1962, The Central Labour Laws (Extension to Jammu and Kshmir) Act, 1970, The Working Journalists (Conditions of Service and Miscellaneous Provisions (Amendment) Act 1974, The Working Journalists and Other Newspaper Employees (Conditions of Service) Miscellaneous Provisions (Amendment) Act 1981, The Working Journalists and Other Newspaper Employees (Conditions of Service) Miscellaneous Provisions (Amendment) Act, 1989, The Working Journalists and Other Newspaper Employees (Conditions of Service) Miscellaneous Provisions (Amendment) Act 1996 were passed to amend the Working Journalists Act from time to time. Definitions: Section 2 defines newspaper, newspaper employee, non-journalist newspaper employee, wages, board. Newspaper means any printed periodical work containing public news or comments on public news and includes such other class of printed periodical work as may, from time to time, be notified in this behalf by the Central Government in the Official Gazette; 2(b) Newspaper employee means any working journalist and includes any other person employed to do any work in or in relation to any newspaper establishment. (2 (c)] Wages means all remunerations capable of being expressed in terms of money, which would, if the terms employment, express or implied, were fulfilled, be payable to a newspaper employee in respect of his employment or of work done in such employment, and includes: I. such allowances (including dearness allowance) as the newspaper employee is for the time being entitled to; II. the value of any house accommodation, or of supply of light, water, medical attendance or other amenity or of any service, or of any concessional supply of food-grains or other articles; III. any travelling concession, but does not includea) any bonus b) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the newspaper employee under any law for the time being in force; c) any gratuity payable on the termination of his service. Explanation: In this clause, the term 'wages' shall also include new allowances, if any, of any description fixed from time to time. 2 (eee). This definition was included by amendment in 1989 'Working Journalist' means a person whose principal avocation is that of a journalist and 'who is employed as such, either whole-time or part-time, in or in relation to, one or more newspaper establishment, and includes an editor, a leader, writer, news editor, sub-editor, feature-writer, copy-tester, reporter, correspondent, cartoonist, news-photographer, and proof reader, but does not include any such person who- I. is employed mainly in managerial or administrative capacity; or
II. being employed in a supervisory capacity, performs, either by the nature of the duties attached to his office or by reason of the powers vested in him, functions mainly of managerial nature; Apart from definitions given in the Act, the definitions available under Industrial Disputes Act 1947 are also applicable for the interpretation of labour problems of the working journalists. Section 3 and Section 2(g) make this amply clear. General Labour Welfare legislations do apply to the Working Journalists, while the Working Journalists Act provides certain special safeguards and fixed wage structure coupled with a statutory obligation on the management to pay irrespective of its financial capacity. What is a Newspaper: Law reports are held to be newspapers and their employees should be extended the benefit of order of Central Government made on Recommendations by Palekar Award, Which was constituted under the Working Journalists Act. Palekar Tribunal was the first Wage Tribunal which determined the wage structure for the journalists. This decision was given in All India Reporter Karamchari Sangh vs. All India Reporter Ltd, AIR 1988 SC 1325. Applicability of Industrial Dispute Act 1947: While provisions of Industrial Dispute Act 1947 are made applicable to working journalists, some changes were also proposed under Section 3 of Working Journalists Act. Period Notice in Retrenchment: The period of notice to be given to workers for retrenchment under Industrial Dispute Act is not applicable to working journalists. The period of notice of retrenchment for editor is six months and for other working journalists, it is three months. (S 3) Payment of Gratuity: S 5 deals with the Payment of Gratuity for Working Journalist with three years of service on termination(other than by punishment) or retirement, or voluntarily resigns, or dies in service. Under above circumstances the working journalist shall be paid 15 days average pay for every completed year of service or part in excess of 6 months. Section 5A which was inserted in 1962 Amendment, says that a working journalist can nominate a nominee to receive gratuity, in which case the nominee alone shall be entitled to receive the same, except where he predeceases the working journalist. Working Hours: Section 6 fixes Hours of work as not more than 144 hrs in 4 weeks and says that the Rest day must be provided for not less than 24 hours for every seven days of work. Fixation of wage rates The Central Government is empowered to fix or revise the wage rates for the working journalists through Wage Boards. (s 9) Wage Board has to be constituted with 3 representatives of employers, working journalists, four independent persons under chairmanship of High Court or Supreme Court former Judge. The Board has to issue Notice to newspaper establishments, working journalists and other persons to give representations for fixing wages for working journalists, based on cost of living comparable employment etc. (s 10) Wage Board has Powers of Industrial Tribunal under ID Act (S11)
On recommendations of the Wage Board, the Center can issue an order notifying the wage fixation. The Center has power to enforce recommendations of the Wage Board under Section 12. Center can modify the recommendations without altering the character of the recommendations. The Working Journalists entitled to wages at rates not less than those specified (s 13) The Government can also fix interim rates of wages (13A) Government can constitute the Wage Board for fixing or revising rates of wages in respect of working journalists by notification, under Section 13AA. Chapter IIA deals with the non-journalists employed in Newspaper organizations. According to Section 13B the Revision of wages for non journalist employees for time work or piece work, can be done by center through the wage board. Chapter III deals with the Application of certain Acts to Newspaper Employees. The provisions of Industrial Employment (Standing Orders) Act, 1946, are made applicable by Section 14 to newspaper establishment with 20 or more employees. Provident Fund Act: Section 15 says that the Employees Provident Fund Act 1952 shall apply to every newspaper establishment in which twenty or more persons are employed on any day as if such newspaper establishment were a factory to which the aforesaid Act had been applied by a notification of the Central Government under Sub-Sec (3) Sec 1 thereof, and as if a newspaper employee were an employee within the meaning of that Act. Inconsistent Agreements: Chapter IV dealing with miscellaneous aspects provide a safeguard to working journalists. As per section 16, the agreements inconsistent with provisions and protections available in law or in the terms of award, agreement or contract of service whether made before or after the commencement of working journalists act would be void. Such Agreements are not valid and not enforceable even if signed by the working journalists. (S16)] No dismissal by reason of liability for payment of wages Section 16A says that Employer shall not dismiss, discharge or retrench any newspaper employee by reason of his liability for payment of wages at the rates specified in an order of the Central Government. Recovery of Money from Employer through the Government: Section 17 provides for Recovery of money from employer, through state, Collector, or by reference to Labour Court. Where any amount is due under this Act to a newspaper employee from an employer, the newspaper employee himself, or any person authorized by him in writing in this, can make an application to the State Government or such authority as the State Government may specify in this behalf, which shall issue a certificate for the amount to collector, and the Collector shall proceed to recover that amount in the same manner as arrears of land revenue. If there is any dispute regarding amount due, State Government may on its own motion or upon application made to it, refer the question to any Labour court. The decision of the Labour court may be executed through the collector. Section 17A imposes a duty on management to maintain the registers, records and muster-rolls.
Act. Under Section 17B State can appoint inspectors for ascertaining compliance of provisions of this Section 18 says that a penalty for contravention extending up to Rs 200 and if the same employee is again convicted for same offence the penalty can be extended up to Rs 500. According to Section 19 no suit or prosecution shall lie against Chairman or member of board or inspector for their acts done in good faith. Section 20 gives the central government the power to make any rules by notification in official gazette to carry out the purposes of this Act. Accordingly the Central Government passed Rules explaining gratuity, hours of work, holidays, leave and forms for maintenance of registers etc in 1957. Working Journalists and Other Newspaper Employees Tribunal Rules in 1979, Working Journalists Wage Board Rules in 1956, Working Journalists (Fixation of Rates of Wages) Rules in 1958, were also passed. Case Law: Whether All India Reporter is a newspaper was the question before the Bombay High Court, and it was held that All India Reporter was not a newspaper in 1983, (All India Reporter Limited v. State of Maharashtra, (1983) II LLJ 387 (Bom). But the Supreme Court held that All India Reporter as newspaper 1988 as law report contains news, editorial comment, book review, ads etc which make AIR a newspaper. (AIR Karmachari Sangh v AIR Ltd. AIR 1988 SC 1325. Newsagent is, held, not a working journalist as his principal avocation was not journalism. (1986) II LLJ 72 Kant) Press Council Act The First Press Commission observed perversities in profession, yellow, sensationalism, malicious and irresponsible attacks, objectionable writings, indecency, vulgarity, and recommended constitution of a Press Council for protecting the professional standards and independence of the Press besides providing a forum for hearing complaints against and by the press. The First Press Council was constituted under the chairmanship of Justice Mudholker, in 1966. In 1975, the Press Council abolished by the Central Government in Emergency, it was revived during Janata Government in 1978. The Sweden, UK(Press Complaints Commission), US (National News Council) have Press Councils with similar objectives. Constitution of Press Council: The Press Council is a body corporate, a juristic personality functioning under the chairmanship of a person with legal background, with 28 members. It has quasi judicial functions. The Council consists of 13 working journalists, which includes 6 editors and 7 working journalists. Six representatives are chosen from management of newspapers. The Newspapers are classified as big if they have more than 75000 circulation, medium for circulation between 25-75000 and small with less than 25000, each class can send two representative to the Press Council of India. There will be one member from news agency management also. The Council shall also consist three members with special knowledge on education, science, law and literature chosen from UGC, Bar Council and Sahitya Academy. Besides, it will have five Parliamentarians out of which three are chosen from Lok Sabha and two from Rajya Sabha. Its term will be three years.
Inquiry Committee: The Press Council can constitute an Inquiry Committee with 11 of its members, to function as a quasi judicial body to hear complaints. The purpose is to maintain independence and freedom of press, to build up code of conduct, ensure maintenance of high standards of public taste, foster due sense of rights and responsibilities, watch developments restricting dissemination of news, study of newspapers, to hear complaint against newspaper or agency for offending standards of journalistic ethics or public taste or for committing any professional misconduct. It can hold inquiry after giving due opportunity to the person against whom the complaint is lodged with the Press Council. It has power to censure, and functions with the powers of a civil court. It can take issues suo moto. The Council can hear complaints by press against Government or other individuals for interfering with the functioning of press or threatening or doing any act which hinders their independent working or forces them to write against their will or reason. Working of Press Council: The Press Council has heard 800 complaints from 1966 to 1981, out of which 214 complaints involving freedom of press against the state and central governments, alleging discrimination in release of advertisements, denial of facilities and other kinds of harassment. However there were 566 complaints against newspapers by individuals and Government officers. Thereafter there was a tremendous increase in complaints. Press Council and Code of Conduct: The Most important duty of the Press Council is to frame a code of conduct to protect ethics of journalism. There is a view that if a code is framed it would be another restriction on Freedom of speech and Expression or Freedom of Press. The Code of Conduct has to be build case by case or the Code has to be prepared voluntarily by professional bodies to be enforced by Press Council. There is a demand for constituting the Regional Press Councils, or reconstituting the press Council as Media Council to extend its scope to include various other forms of media. There is also a demand for providing more powers to the Press Council to make effective enforcement of ethical standards and its directions, which was opposed by a section as that works out to be an unreasonable restriction on the press. Another important function of the Press Council could be the training activity by which a media as a professional body will be strengthened.