Disclosure of Annual Statement (Form II) and Annexure X of Newspaper publishers

 Background

The appellant wanted the certified copies of Form II {as in Rule 6 (1)} and Annexure-X for two years filed by the publishers of the certain newspapers. He also asked for the copy of latest registration certificate of the Daily Aftab, Srinagar (Urdu) and the copies of Document/s submitted on the basis of which change in its printer’s and publisher’s name was incorporated. The Public Information Officer (PIO) gave the circulation figures according to the annual statement for one year and denied to give the copies of Annual Statement (Form II) and Annexure X claiming exemption under section 19 L of PRB Act and section 8(1)(d) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; and (j) of RTI Act 2005. On appeal, the First Appellate Authority (FAA) held that the annual statement contains all the details related to the publication and are submitted to office of Registrar of Newspapers in fiduciary relationship.

View of CIC

The Central Information Commission (CIC) observed that the PIO has not justified how the claimed exemptions are applicable. The Commission further noted that the forms are submitted annually by Newspapers to the Registrar of Newspapers in discharge of its statutory duty and have no element of choice in submitting these. These forms are the basis on which newspapers circulations are claimed to be correct and Government Advertisements are given to them on the basis of these circulations. Thus, the claim for exemption under section 8(1) (d) & (j) has no validity.

The Commission did not accept the FAA’s plea for exemption under 8(1)(e) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; stating that the traditional definition of a fiduciary is a person who occupies a position of trust in relation to someone else, all relationships usually have an element of trust, but all of them cannot be classified as fiduciary. Information provided in discharge of a statutory requirement, or to obtain a job, or to get a license, cannot be considered to have been given in a fiduciary relationship. The Commission directed the PIO to disclose the information.

Citation:  Mr. Anchit Haritayan Sharma v Registrar of Newspapers for India Ministry of Information & Broadcasting in Decision No. CIC/SG/A/2011/000282/17755