The CIC directed the PIO to provide copy of the two-member committee report on paid news and publish the same on the website of the Press Council of India. This is the 116th in a series of important judgements given by former Central Information Commissioner Shailesh Gandhi that can be used or quoted in an RTI application

The Central Information Commission (CIC), while allowing an appeal, directed the Central Public Information Officer (CPIO) at the Press Council of India to provide as well as publish on its website a copy of the report submitted by two-member sub-committee of Paranjoy Guha Thakurta and K Sreenivas Reddy set up to probe the paid news saga.

While giving this judgement on 19 September 2011, Shailesh Gandhi, the then Central Information Commissioner, said, “PIO had refused to disclose this information without giving any of the exemption clauses under Section 8(1) of the RTI Act. The PIO should ensure that the report is placed on the website of the Council before 10 October 2011.”

New Delhi resident Manu Moudgil, on 3 January 2011, sought copy of the report submitted by two-member sub-committee of Paranjoy Guha Thakurta and K Sreenivas Reddy set up to probe the phenomenon of paid news from the CPIO. Here is the information he sought under the RTI Act and the reply provided by the CPIO...

1. Please provide a copy of the report submitted by two member sub-committee of Paranjoy Guha Thakurta and K Sreenivas Reddy to probe the phenomenon of paid news          

CPIO Reply: In this connection kindly refer to the foot note of final report of council (copy attached) which reads as follows:

“the Council decided that the report of the sub-committee may remain on record of the council as reference document”

With a view to facilitate providing copy of the said report, legal opinion has been sought on 7.09.2010.on the receipt of the same, the Secretariat would consider providing it to the general public/RTI applicants.

2. Please provide details of the meeting held on 30 July 2010 to discuss the issue of paid news, provide copy of the minutes of the meeting and any other documents detailing the proceedings of the meeting.      

CPIO Reply: Extracts of the minutes of the Council meeting held on 30.07.2010 are attached  (Annexure - A)

3. Please provide details of written or electronic communication received or send on the issue of the sub committee's report. Please provide copies of the same.   

CPIO Reply: Index of relevant documents is attached. (Annexure - B)

4. The undersigned would, at his discretion, also like to inspect all the records (both electronic and paper records), documents/letters, communication, notes, books, books of accounts, voucher, etc, which are relied on by your department and/or on the basis of which the information to the above mentioned request is supplied/to be provided. Kindly provide the working hours of your office and the name, contact details and exact location of the record officer/other officials in whose custody the said records are available ad can be inspected.     

CPIO Reply: The working hours of the office are 9.30am-6.00pm. You may visit any working day, preferably with prior appointment at Phone No. 24366745 - 46-47 Extn. 320 with Assistant Public Information Officer to facilitate inspection of required documents. The address of the office is given on the letter head.

Not satisfied with the CPIO's reply, Moudgil filed his first appeal in which he contended that the said report was a public document and should be made available to the general public and under the RTI Act. 

In his order, the First Appellate Authority (FAA) reiterated the reply of the CPIO. He said, “...legal opinion on the report of the sub-committee on paid news has not been received so far. On the receipt of the same, the Secretariat would consider providing it to the general public/RTI applicants.”

Moudgil, then approached the Commission. In his second appeal, he reiterated that the said report was a public document and should be made available to the general public and under the RTI Act. In addition, more than seven months has lapsed since the date of seeking legal opinion i.e. 7 September 2010, he said.

During the hearing, Mr Gandhi, the then CIC, noted that the PIO had refused to disclose this information without giving any of the exemption clauses under Section 8(1) of the RTI Act. "The PIO appears to have felt since the decision had not been taken in the matter the report could not be provided. Right to Information is a fundamental right of citizens and if what is sought is information as defined under Section 2(f) of the RTI Act which is held by the public authority, denial can only be on the basis that the information is exempt under Section 8(1) of the RTI Act," he said.

The PIO stated that on 14 September 2011 she had sent a letter to the appellant stating that the 71 pages report could be provided on payment of additional fee of Rs142.

Moudgil stated that he had not received this letter and demanded that the reports should be provided free of cost to him and also this should be put up on the website under Section 4 of the RTI Act.

Mr Gandhi said, this was a reasonable demand. The Commission using its power under Section 19(8)(a)(iii) directed the PIO to ensure that the report is placed on the website of the Council before 10 October 2011. This would be in fulfilment of its obligation under Section 4(1)(b)(xvii) of the RTI Act, the CIC said in its order.

While allowing the complaint, the CIC also directed the PIO to ensure that an attested copy of the report is sent to the complainant before 30 September 2011.

CENTRAL INFORMATION COMMISSION

Decision No. CIC/AD/C/2011/000989/SG/14680

https://ciconline.nic.in/cic_decisions/CIC_AD_C_2011_000989_SG_14680_M_66957.pdf

Appeal No. CIC/AD/C/2011/000989/SG

Complainant                                                : Manu Moudgil

                                                            New Delhi - 110 078

Respondents                                               : Punam Sibbal

                                                            PIO & Dy. Secretary

                                                            Press Council of India,

                                                            Soochna Bhawan, 8 CGO Complex,

                                                          Lodhi Road, New Delhi - 110 003