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Question

Which of the following was termed as “Gagging Act”?


A

Censorship Act, 1799

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B

Licensing Act, 1857

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C

Vernacular Press Act, 1878

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D

Newspaper Act, 1908

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Solution

The correct option is C

Vernacular Press Act, 1878


Vernacular Press Act, 1878:

A bitter legacy of the 1857 revolt was the racial bitterness between the ruler and the ruled. After 1858, the European press always rallied behind the Government in political controversies while the vernacular press was critical of the Government. There was a strong public opinion against the imperialistic policies of Lytton, compounded by terrible famine (1876-77), on the one hand, and lavish expenditure on the imperial Delhi Durbar, on the other.

The Vernacular Press Act (VPA) was designed to ‘better control’ the vernacular press and effectively punish and repress seditious writing.

The provisions of the Act included the following:

1. The district magistrate was empowered to call upon the printer and publisher of any vernacular newspaper to enter into a bond with the Government undertaking not to cause disaffection against the Government or antipathy between persons of different religions, caste, race through published material; the printer and publisher could also be required to deposit security which could be forfeited if the regulation were contravened, and press equipment could be seized if the offence re-occurred.

2. The magistrate’s action was final and no appeal could be made in a court of law.

3. A vernacular newspaper could get exemption from the operation of the Act by submitting proofs to a government censor.

The Act came to be nicknamed “the gagging Act”. The worst features of this Act were—(i) discriminator between English and vernacular press, (ii) no right of appeal.Under VPA, proceedings were instituted against Som Prakash, Bharat Mihir, Dacca Prakash and Samachar.(Incidentally, the Amrita Bazar Patrika turned overnight into an English newspaper to escape the VPA.)

Later, the pre-censorship clause was repealed, and a press commissioner was appointed to supply authentic and accurate news to the press.There was strong opposition to the Act and finally Ripon repealed it in 1882.

In 1883, Surendranath Banerjea became the first Indian journalist to be imprisoned. In an angry editorial in The Bengalee Banerjea had criticised a judge of Calcutta High Court for being insensitive to the religious sentiments of Bengalis in one of his judgements.

Censor Act 1799 by Lord Wellesley

Every newspaper should print the names of printer, editor and proprietor. Before printing any material it should be submitted to the secretary of Censorship. This Act was abolished by Hastings.

Licensing regulation Act 1823 by John Adam

Every publisher should get a license from the government, defaulters would be fined Rs 400 and the press would be ceased by the government. Government has right to cancel the license. Charles Metcalf abolished the Act.

Vernacular Press Act IX 1878

Vernacular press criticized British rule. Therefore British Govt came down heavily on vernacular press. Magistrates were authorised to ask any publisher of newspaper to give assurance of not publishing anything threatening peace and security. Fixed amount to be paid for security guarantee. The magistrate’s decision was final in any dispute. This law was not applicable to English Press. It was repealed by Lord Ripon in 1882.

Newspaper Act 1908

Magistrate had the power to confiscate the assets of the press. Against this confiscation one can appeal to High Court in 15 days. Under this Act as many as 7 presses were forfeited. Aimed against Extremist nationalist activity, the Act empowered the magistrates to confiscate press property which published objectionable material likely to cause incitement to murder/ acts of violence.

Indian Press Act, 1910:

This Act revived the worst features of the VPA—local government was empowered to demand a security at registration from the printer/publisher and forfeit/deregister if it was an offending newspaper, and the printer of a newspaper was required to submit two copies of each issue to local government free of charge.

Press Regulating Act 1942

Registration of journalists was made mandatory. Limitations were imposed on the messages regarding civil disturbances. Prohibition of news was imposed regarding acts of sabotage. Limitations on headlines and space given to news on disturbances. Limitations on headlines and space given to news on disturbances. Govt had the authority on arbitrary censorship.


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