Vernacular Press Act: The Power Of The Press And Speech

By Author: GetLegalIndia
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What is the Vernacular Press Act?
The Vernacular Press Act 1878 was enacted in British India to limit the freedom of the Indian-language (non-English) press.

Lord Lytton, then viceroy of India (reigned 1876–80), proposed the act to prevent the vernacular press from criticising British policies, particularly the opposition that had grown since the start of the Second Anglo-Afghan War (1878–80).

The act sparked strong and sustained protests from a large segment of the Indian population. So, it also got to be known as the Gagging Act and only intended for vernacular/native language newspapers, not English-language publications.

Story Behind The Vernacular Press Act
During Lytton’s reign, India was in the grip of a widespread famine brought on by crop failure in 1876. Meanwhile, Lord Lytton entirely focused on the Delhi Darbar.

Lord Lytton decided to hold an Imperial Assemblage for the “Queen of Great Britain and Ireland” in Delhi on January 1, 1877. He proclaimed Queen Victoria to be the “Empress of India.” Despite millions of deaths, Lord Lytton’s inaction resulted in 6.1 ...
... million to 10.3 million people deaths.

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https://getlegalindia.com/vernacular-press-act/
The Second Anglo-Afghan War (1878–80) put a considerable strain on the economy, and the government got heavily criticised in multiple publications across India.

Despite this, the European press consistently backed the government in political controversies, while the vernacular press remained critical of British policies.

So, to control the strong public opinion and seditious writing causing dissatisfaction with the government, the government enacted the Vernacular Press Act 1878 to repress the indigenous press.

Although laws against sedition already existed in the form of Section 124A of the Indian Penal Code, which was introduced in 1870 to deal with any form of sedition (a very subjective term then and still today).

The introduction of such critical acts as the VPA led to further restrictions on freedom of speech and press freedom in British India.

Provisions Of The Vernacular Press Act
The District Magistrate had the authority to order the printer and publisher of any Vernacular newspaper to agree with the government. It ensured that they did not publish anything that may incite public feeling, create dissatisfaction with the government, or create enmity based on caste, religion, or race.
The publisher was required to deposit the security, which could be forfeited if the act’s provisions got violated.
If the offence were committed again, the press equipment could get seized.
Before publication, newspaper and magazine contents proof sheets must get submitted to the police rather than the judiciary.
The Magistrate’s decision was considered final in such cases, and there can be no legal action against it.
If the vernacular language newspaper could provide proof to a government censor, it could be exempt from the act’s application.
The most criticised aspect of the act was that there was no provision for appeal and discrimination between European and vernacular newspapers.