Recent FCRA change on publications - does it applies to all form of publications even newsletter?
Recent change first:
If an organization is applying for FCRA registration and if its objects includes publication or it is into publication, an undertaking to be furnished regarding compliance with Section 3(g) of FCRA 2010. Further, If the publication is registered with Registrar of Newspaper for India (RNI), a not for Newspaper certificate to be submitted with FC 3A.
Section 3(g) is reproduced below:
“association or company engaged in the production or broadcast of audio news or audio visual news or current affairs programmes through any electronic mode, or any other electronic form as defined in clause (r) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000) or any other mode of mass communication;”
It maybe seen that Section 3(g) which specifies a prohibited person under FCRA is for mass communication on current programs. NPOs generally do not engaged in such activity. The rationale for furnishing an undertaking is to facilitate publication as long as it does not conflict with Section 3(g) of FCRA.
Therefore, if publication and newsletter sharing factual information and data about work done by NGO for limited and not mass communication and does not have opinions/feedback on law and policy should certainly not be covered. However, caution needs to be exercised and the content and coverage maybe closely scrutinized and monitored.
Hope it clarifies.
CS Sharad Bhargava