From: NSWC
Sent: Saturday, October 29, 2011 1:06 PM
To: srrf-dialogue@yahoogroups.com
Subject: [srrf-dialogue] Clarification on whether to mention “For Private Circulation Only” in the electronic news bulletin of the NGO as per new FCRA Act
Dear Subhash Ji,
Season’s Greetings from National Social Watch!
One small clarification like whether it is obligatory to mention “For Private Circulation Only” in the electronic news bulletin of the NGO as per new FCRA Act.
Kindly let us know as soon as possible.
Thanks and regards,
Yours sincerely,
Shubhro Roy
Programme Manager (Administration)
____________________________________________
National Social Watch
R-10, Ground Floor, Green Park Extension
New Delhi-110 016
Tel./Fax: +91-11-41644576
E-mail: shubhro.roy@socialwatchindia.net
Web: www.socialwatchindia.net
Best thing is to go for separate registration of the agency with the purpose of news and views on whatever affairs and related campaigns in whatever mode under local funds. At no stage such an agency should handle foreign funds. Why risk getting frisked in whatever mode of Govt\’s choice !
Uday
Dear Shubroji,
The issue you raise is not a small one but a real pertinent one. Crux of the matter is what is prohibited under FCRA under Section 3 (g).
S. 3 (g) FCRA 2010 states No foreign contribution shall be accepted by any 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 or any other mode of mass communication.
Thus the section seems very wide and in fact with wide ramifications. Plain reading even seems to suggest that associations / companies engaged in such an activity cannot even receive any foreign contribution. Thus issue does not seem to be that you can undertake such an activity out of local funds and continue to receive foreign funds for other activities. In fact some members had taken this view during earlier discussion on this topic.
Whether Govt. really intended such a harsh provision is debatable, however this seems to come out of the plain reading of the present provision. My submission is that it is also important to understand what ‘engaged in the production or broadcast of audio news or audio visual news’ or ‘current affairs programme’ means. Whether circulating newsletters of a specific organisation (such as that of Socio-watch) or creating discussion forums for better understanding of the issues makes such activities fall in the category of broadcasting of current affairs programme is debatable. Perhaps your query of mentioning ‘For Private Circulation Only’ will help indicate your intention, but it may not be a fool-proof solution. That perhaps would be decided for certainty only after courts take a view on the same. Till such time we will all have opinions on this.
warm rgds
subhash mittal