Working Journalist Act

The Working Journalists and other

Newspaper Employees (Conditions
of Service) and Miscellaneous
Provisions Act, 1955 :
An Act to regulate certain conditions
of service of working journalists and
other persons employed in
newspaper establishments.
Explanation:
It extends to the whole of India, except the state of
Jammu and Kashmir 
 'Newspaper' means any printed periodical work
containing public news or comments on public news
 'Newspaper employees' means any working journalists
and includes any other person employed to do any work in
or in relation to any newspaper establishment. 
 'Newspaper establishment' means an establishment
under the control of any person or body of persons,
whether incorporated or not for any production or
publication of one or more newspaper or for conducting
any news agency or syndicate. 
 'Working journalists' 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 -    
a) is employed mainly in a managerial or administrative capacity
or 
b) being employed in a supervisory capacity, performs, either by
the nature of duties attached to his office of by reasons of the
power vested in him, and function mainly of a managerial nature.

 The Industrial Employment (Standing Orders) Act, 1946 and the

Employees Provident Fund Act, 1952 were made applicable in
every newspaper establishment employing twenty or more
employees.
Press Council
The Press Council of India was first set up
in the year 1966 by the Parliament on the
recommendations of the First Press
Commission with the object of preserving
the freedom of the press and of
maintaining and improving the standards
of press in India.
Powers of the Press Council

They have the power to censure any rule

which generally violates the journalists’ ethics
and the public taste.
They can hold any enquiry against any editor
of the journal if they found that any
misconduct has been taken place with regard
to any matter related to the press.
The proceedings should be taken place with
regard to the judicial hearing under Section
 193 and 228 of the Indian Penal Code.
Functions of Press Council
 
to help newspapers to maintain their independence
to build up a code of conduct for newspapers and
journalists in accordance with high professional
standards
to ensure on the part of newspapers and journalists the
maintenance of high standards of public taste and
foster a due sense of both the rights and
responsibilities of citizenship
to encourage the growth of a sense of responsibility
and public service among all those engaged in the
profession of journalism.
Ethics in Journalism:

The fundamental values are:

1) Honesty. Journalists have an obligation
to seek out the truth and report it as
accurately as possible.
2) Independence. Journalists should avoid
taking political sides and should not act
on behalf of special interest groups &
should explicitly be on the side of public
interest.
3) Fairness. In addition to being independent,
journalists should show impartiality and balance
in their reporting. Most news stories have more
than one side, and journalists should capture
this.
4) Public accountability. To enable the public to
hold them accountable, journalists should accept
responsibility for their words. When news outlets
publish factual errors, they need to issue a
correction.
5) Harm minimization. Not every fact that can
be published should be published.In case if it will
affect national security (or) security of citizens
then it is better not to post.
6) Avoiding libel. Journalists cannot print
false statements that damage a person’s
reputation.
7) Proper attribution. If they use
information from another media outlet or
journalist, they need to attribute it to
them.
1st Press Commission
The first Press Commission was appointed
in September 1952.
Chaired by Justice Raja Dhaksha.
The commission which submitted its
report in 1954, made several important
recommendations which helped in
constituting a number of institutions and
organizing the profession of journalism in
a systematic manner.
1st Press Commission
This commission found that the provisions
that the working journalists enjoyed was
very unsatisfactory and established a
wage board that took care of the wage
they received.
Setting of the wage board
For the purpose of fixing or revising rates of
wages in respect of working journalists, the
central government shall as and when necessary
constitute a wage board which shall consist of :
a) Three persons representing employers in
relation to newspaper establishments 
b) Three persons representing working journalists 
c) Four independent persons, one of whom shall
be a person who is or has been a judge of high
court or supreme court and who shall be
appointed by the government as the chairman
Setting of the wage board
In fixing rates of wages in respect of working journalists, the
Board will consider:
• the cost of living
• the circumstances relating to the newspaper industry in different
regions of the country
• to any other circumstances which to the Board may seem
relevant.
• The Board may fix wages based on the number of pieces
produced and time spent on work.
• Every working journalist and employees of newspaper
establishments will get their wage based on what this board sets
up and the amount surely will not be less than the prescribed
amount.
 
The Prasar Bharati (Broadcasting
Corporation of India) Act, 1990
The major objectives of the Prasar Bharati Corporation as laid out in the
Prasar Bharati Act, 1990 are as follows:
To uphold the unity and integrity of the country and the values enshrined in the
Constitution.
To promote national integration.
To safeguard citizens’ rights to be informed on all matters of public interest by
presenting a fair and balanced flow of information.
To pay special attention to the fields of education and spread of literacy, agriculture,
rural development, environment, health & family welfare and science & technology.
To create awareness about women’s issues and take special steps to protect the
interests of children, aged and other vulnerable sections of the society.
To provide adequate coverage to diverse cultures, sports and games and youth affairs.
To promote social justice, safeguarding the rights of working classes, minorities and
tribal communities.
To promote research and expand broadcasting faculties & development in broadcast
technology.
Working Journalist Act
Act XIV of 1947 to apply to working journalists
 (1) The provisions of the Industrial Disputes Act, 1947 (XIV of
1947), as in force for the time being, shall, subject to the
modification specified in sub-section (2), apply to, or in relation
to, working journalists as they apply to, or in relation to,
workmen within the meaning of that Act.
 (2) Section 25F of the aforesaid Act, in its application to working
journalists, shall be  construed as if in clause(a) thereof, for the
period of notice referred to therein in relation to the retrenchment
of a workman, the following periods of notice in relation to the
retrenchment of a working journalist had been substituted,
namely:-
  (a) six months, in the case of an editor, and
    (b) three months, in the case of any other working journalist.
In case of Retrenchment
Where at any time between the 14th day of July,
1954, and the 12th day of March, 1955, any working
journalist had been retrenched, he shall be entitled to
receive from the employer-
 (a) wages for one month at the rate to which he was
entitled immediately before his retrenchment, unless
he had been given one month's notice in writing
before such retrenchment; and
  (b) compensation which shall be equivalent to fifteen
days' average pay for every completed year of service
under that employer or any part thereof in excess of
six months.
Payment of Gratuity: 
(a) any working journalist has been in continuous service,
whether before or after the commencement of this Act, for
not less than three years in any newspaper establishment,
and-
  i) his services are terminated by the employer in relation
to that newspaper establishment for any reason whatsoever,
otherwise than as a punishment inflicted by way of
disciplinary action, or
   (ii) he retires  from service on reaching the age of
superannuation, or
  (iii) he voluntarily resigns from service from that
newspaper establishment.
(b) If an employee dies.
Hours of Work:
No working journalist shall be required or
allowed to work in any newspaper
establishment for more than 144 hours.
During any periods of four consecutive
weeks, exclusive of time for meals.
Rest period of 24 hours, the period between
10 pm and 6 pm being included therein
(Explanation - for the purpose of this section,
'week' means a period of seven days
beginning at midnight on Saturday.) 
Leave:

Without prejudice to such holidays, casual leave

or other kind of leave as may be prescribed,
every working journalist shall be entitled to:
a) Earned leave on full wages for not less than
one-eleventh of the period spent on duty.
(b) A working journalist shall be entitled to
leave on medical certificate on one-half of
wages for not less than one-eighteenth of the
period of service.
Case Study – Hartosh Singh Bal
In November, 2013, Hartosh Singh Bal, then the political editor of
Open magazine, was abruptly fired from his position. His sacking was
widely perceived as a precursor to what has now become standard
practice — media owners acting under political pressure to dismiss
journalists who are seen to be critics of the ruling establishment.
Bal, now the political editor of The Caravan, challenged his sacking in
court. Six years later, on July 7, a district court in New Delhi decided
that Bal’s sacking was illegal and ordered that he be paid six months’
salary under the Working Journalists Act, according to a report on
Newslaundry.com. It also awarded him Rs 10 lakh on account of the
harassment meted out to him.
He in an interview spoke about the importance of this Act and also
felt that extending this Act to the Television forum would be even
more great.
Conclusion
These acts exists to protect the work life
of journalists & employees of newspaper
establishments and to provide them with
some welfare measures.
THANK YOU

Done By:
Janani.V
Rasika.M
Padma Shree.V