One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
TL;DR: You cannot legally make your own press card with any official standing. A self-made card offers no protection. The recognized process is to apply for accreditation through the Press Information Bureau (PIB) under the Central Media Accreditation Guidelines, even as a freelancer.
Priyanshu Mishra, a 29-year-old from Lucknow, had spent months documenting protests across Uttar Pradesh. His Instagram and YouTube reports were gaining traction. But without a press ID, he was regularly stopped by police, and once held for three hours near Gomti Nagar. He tried printing his own laminated card — a simple "Press" badge — and the police laughed it off. Frustrated, Priyanshu first approached a local advocate who advised filing an RTI with the Press Information Bureau. Months passed, no clarity. He then came to the Chamber of Advocate Sudhir Rao. The office immediately identified the core issue: Priyanshu wasn't uncredentialed — he just didn't know the correct accreditation route. Advocate Sudhir Rao and his office prepared a detailed representation to the PIB, citing Priyanshu's work portfolio and the freelancer provisions under the Central Media Accreditation Guidelines. They also filed a fresh RTI seeking the specific recognition for independent digital journalists. Within six weeks, the PIB issued him a provisional accreditation card. The police now let him through. Advocate Sudhir Rao's expertise in press law and administrative procedure helped secure that recognition where earlier efforts had failed.Key Facts of the Case
- Priyanshu Mishra was not attached to any registered news agency or newspaper.
- He had substantial published reporting — 90+ videos and articles covering protests in Lucknow and nearby districts.
- A self-made press card had no legal validity and did not stop police harassment.
- The PIB's Central Media Accreditation Guidelines allow freelancers to apply with proof of published work.
- Earlier an RTI filed without a proper legal strategy yielded no response for four months.
- Advocate Sudhir Rao's office combined the representation with a precise RTI query, compelling the PIB to act.
- No court litigation was needed — the matter was resolved through administrative engagement.
The Direct Legal Answer
Can I just make my own press card?
No. A self-made card has zero legal standing. It won't be recognized by the police, government bodies, or event organizers. It does not fall under any official accreditation framework. In fact, displaying such a card during law enforcement interactions might raise suspicion rather than grant protection.
Is there a legal process to get a press card?
Yes. The recognized route is the Press Information Bureau's accreditation system. The PIB issues press cards under the Central Media Accreditation Guidelines. Freelancers and independent journalists can apply if they can show a substantial body of published work over a reasonable period. The application is submitted to the PIB's accreditation cell along with identity proof, a portfolio of published articles/videos, and a fee. There is no statutory "Press Card Act," but the guidelines carry administrative force, and courts have recognized PIB accreditation as a legitimate credential under Article 19(1)(a) of the Constitution.
Advice in Such Cases
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Next, compile all your published work neatly. The PIB looks for consistency and authenticity. Have a digital archive ready. If your first application is rejected or delayed, don't sit idle — file an RTI asking for the status and reasons. A lawyer who regularly handles media rights can frame that RTI in a way that draws a prompt response. General practitioners often miss these procedural tactics. Here, domain-specific experience in press law shows its value.
Finally, while awaiting accreditation, always carry a government-issued identity card and a letter from your publisher — even if it's your own blog's editorial board — stating you are on assignment. It won't replace a PIB card, but it adds credibility.
Applicable Sections of Law
Press accreditation is governed by executive guidelines, not direct sections of a code. The PIB's Central Media Accreditation Guidelines, 2022, lay down the categories, eligibility, and procedure. However, the fundamental basis is Article 19(1)(a) of the Constitution — freedom of speech and expression, which includes the freedom of the press. A denial of accreditation that is arbitrary or mala fide can be challenged under Article 226 (High Court writ jurisdiction) for violation of this fundamental right. The RTI Act, 2005 — Section 6 for applications and Section 18 for complaints to the Central Information Commission — also becomes relevant if the PIB does not respond or unreasonably denies accreditation without cause.
Limitation Period
There is no statutory limitation period for applying for press accreditation — you can apply when you have accumulated sufficient work. But if your application is rejected, the refusal order will typically mention a waiting period (often six months) before reapplication. If you choose to challenge a rejection through a writ petition, you must do so within a reasonable time, generally 90 days from the date of the refusal order, as courts apply the principle of laches. Waiting too long weakens your case.
Interim Reliefs Available
In the event of an arbitrary denial, a writ petition before the High Court under Article 226 can seek interim directions. A common interim relief is an order directing the PIB to issue a temporary accreditation pending final disposal of the petition, especially if the journalist needs to cover an upcoming event. Under Order 39 of the Civil Procedure Code — applied by analogy in writ practice — the court may grant a status quo or a mandatory interim direction if it finds a prima facie case of violation of Article 19(1)(a). Such relief, though not automatic, can be crafted quickly when a journalist faces immediate professional harm.
If You Are the Victim
- Do not confront police or authorities with a self-made press card; it may worsen the situation.
- Document every instance of harassment — time, place, officer's name or badge number if visible, and any witness details.
- File a detailed RTI with the PIB asking for the exact reason your accreditation has been denied or delayed.
- Approach a media-law-savvy advocate who can send a legal notice to the PIB asking for recognition based on your work.
- If physical safety is at risk during reporting, inform a local journalists' association and keep your family or a colleague informed of your location.
Documents You Must Keep Ready
- Government-issued photo ID (Aadhaar, PAN, driving licence)
- Proof of address
- Published articles, videos, or news reports with visible date and authorship
- Screenshots or URLs of your work on recognised platforms
- Letter from a registered media house, if you contribute even occasionally
- Two passport-sized photographs
- Any previous correspondence with the PIB or law enforcement
What Evidence Is Required?
- A portfolio of your journalistic work — the core evidence of your professional activity.
- Original digital files or links to show publication dates.
- Testimonials or letters from editors or senior journalists you have worked with.
- Any earlier PIB communications — rejection letters, RTI replies.
- Video or audio recordings of police interactions where you were stopped or asked for credentials.
- Screenshots of accreditation guidelines highlighting the freelancer provisions.
- Proof of payment for any registration fee, if applicable.
How Courts Typically Approach Such Cases
Courts are mindful that press freedom is a basic structural element of democracy. A petition challenging denial of accreditation will be tested on Article 19(1)(a) grounds. The court will examine whether the denial was based on a rational application of the guidelines or was arbitrary and aimed at stifling reporting. In a 2015 order, the Delhi High Court directed the PIB to consider the case of a freelance photographer without insisting on a permanent employee certificate, noting that the guidelines themselves allow freelance recognition. While the court will not grant accreditation directly — it will direct the PIB to decide afresh — it can issue a mandamus to follow the guidelines. A progressive attitude is visible, but the petitioner must show a clear record of genuine journalistic work.
Timeline of Legal Process
- Application to PIB: 4-6 weeks for initial scrutiny.
- RTI if no response: 30 days for reply from PIO; 45 days if forwarded.
- First appeal to FAA: 30-45 days for disposal.
- Second appeal to CIC: 6-12 months on average.
- Representation through advocate: Often yields a decision in 3-8 weeks, depending on the PIB's caseload.
- Writ petition: If filed, notice to PIB in 2-4 weeks, interim directions possible in 4-8 weeks, final disposal typically 6-12 months.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Administrative remedies — representation, RTI, and direct negotiation with the PIB — often resolve accreditation issues without stepping into a courtroom. These are not formal settlements under Order 23 CPC but are practical out-of-court resolutions. Many journalists get their cards after a well-drafted legal notice. Mediation is not applicable here because there is no adversarial party with whom to compromise. However, if the matter reaches the writ stage, the court may record that the PIB agrees to process the application within a timeframe, and the petition can be withdrawn — achieving the same result as a settlement.
Common Mistakes People Make
- Printing a self-made press card: This has no legal weight and can attract suspicion instead of respect.
- Waiting too long after a denial: Delaying a response to the PIB's rejection weakens both your administrative and legal positions.
- Not maintaining a published portfolio: Without clear records, you cannot prove your journalistic activity. The PIB requires evidence.
- Filing an RTI without a specific, legal framing: Vague RTIs get vague replies. A targeted query designed by an experienced advocate is more likely to force a concrete response.
- Engaging a lawyer without press law experience: The accreditation process is administrative, not litigative. An advocate who does not regularly handle media matters may overlook the guidelines' freelancer provisions or the tactical use of RTI and representation. Domain-specific experience saves months.
- Assuming that a press card alone guarantees absolute immunity: A PIB card gives you credibility but does not override reasonable security restrictions. Know its limits.
FAQs People Normally Have
Can a student journalist get a PIB press card?
Generally, the PIB requires a consistent professional track record. Some journalism schools issue their own ID cards, which are accepted at campus events but not for government press briefings. Students may apply after graduating and publishing a body of work.
Is there any alternative to the PIB card?
State governments have their own accreditation committees for state-level events. Freelancers can apply there as well. Some private media bodies issue membership IDs, but these have limited official recognition.
What if I'm denied accreditation unfairly?
You can file an RTI to know the exact grounds, then challenge the denial by a representation. If still not resolved, a writ petition in the High Court is the judicial remedy.
Do digital-only journalists qualify?
Yes, under the 2022 guidelines, digital news publishers, YouTubers, and other online journalists can qualify if they meet the work-volume and authenticity standards set by the PIB.
Can a foreign national get an Indian press card?
Foreign media representatives typically apply through the Ministry of External Affairs for a special journalist visa and accreditation. The process differs from domestic journalists.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India