As CPI ministers raise objections, Pinarayi Vijayan government halts anti-press freedom bill

He informed the Cabinet that the proposed amendment had been drafted as the Criminal Law (Kerala Amendment) Bill, 2022, and that it could be placed before the Assembly for approval in its next session, beginning in the first week of December.

Vijayan also told the Cabinet that this piece of legislation aimed to prevent the publishing and telecast of highly defamatory content, especially on leaders active in the political arena and their close relatives.

He had also denied the allegation that the bill was aimed at clipping the wings of journalists in the state.

CPI leaders take up cudgels

However, CPI ministers K Rajan, J Chinchurani, P Prasad, and V Thilothaman objected strongly to the move, saying there would be a high possibility of it being misused to target journalists with dissenting opinions and viewpoints.

They also said such legislation from a Left government would give a wrong message to the whole country, and that too at a time when the Left parties were mounting public opinion against Governor Arif Mohammad Khan, who is accused of selectively boycotting journalists who raise disturbing questions, especially those who belonged to channels Media One and Kairali.

In the last three days, many CPI(M) and CPI leaders extended solidarity with the protests by working journalists against the two television channels at a press conference in Kochi.

Former finance minister TM Thomas Isaac, who addressed the Raj Bhavan March of Kerala Union of Working Journalists the other day, even exhorted news outlets to stand united against any concerted effort weakening their democratic rights, and told them to remain unmindful of who is holding power.

Some CPI(M) ministers also supported them when the CPI ministers raised their disagreements. Then the chief minister informed the Cabinet that the bill would be put on hold for further deliberation later.

Vijayan reportedly defended the bill, saying it had nothing to do with press freedom, but it would effectively check “malicious campaigns” on social media, which had evolved as a threat to individual freedom and dignity. He also claimed that similar laws are now in place in Tamil Nadu and Odisha.

He also reportedly told the Cabinet that there were several past instances where slanderous campaigns affected close relatives of public servants.

Opposition leaders, journalists join the chorus

Kerala journalists protest over Governor barring reporters at press conference

Opposition Leader VD Satheesan told South First that the move exposed the double standards of the ruling CPI(M), which at one level was mounting public opinion against the Governor’s actions, while at another level was initiating strategies to clip the wings of media.

“Even while inaugurating the Raj Bhavan march of journalists, I reminded them that both Khan and Vijayan shouted ‘get out’ at them. The journalist community raised no protest when the Vijayan government declared the state secretariat out of bounds for even accredited journalists. Now the government is going to the extreme of invoking defamation laws to silence the media. We will not allow this,” he said.

Incidentally, the government made a similar attempt during the Covid-19-induced lockdown two years ago, but backtracked following widespread public criticism and opposition from the media bodies.

Meanwhile, Kerala Union of Working Journalists (KUWJ) state president MV Vineetha said any draconian law curbing press freedom would be resisted tooth and nail by media persons in the state.

“It’s painful that progressive forces are behaving like fundamentalists in the case of Freedom of Expression,” she said.

“We have zero tolerance for fake news. The journalist community is ready to associate with the government to fight fake news. But fake news must not be used as an excuse to silence all dissenting voices,” she added.

What does the proposed bill say?

According to Home Department sources, the draft bill terms “scurrilous” any published or aired matter that is likely to be “injurious to morality or is calculated to injure any person”.

The draft legislation also makes punishable such “scurrilous” matters printed or published concerning any public servant in the discharge of their official duties or concerning their character and conduct.

The bill intends to give an addition to Section 292 of the IPC, which deals with the sale of obscene books, pamphlets, drawings, and paintings that are lascivious or appeal to the prurient interests.

The proposed addition has been planned as Section 292 A, and critics say it would significantly infringe on the affairs of the state’s media organisations.

The draft bill now says that it would cover those who print or cause to be printed in any newspaper, periodical, or circular, or exhibits or causes to be exhibited, to public view any picture or printed or written document which is grossly indecent, or is scurrilous or intended for blackmail.

The selling, hiring, distribution, or possession of such pictures or written documents would also be deemed an offence under the proposed law, it states.

The act of taking part in or receiving profits from or advertising any business related to the distribution of such pictures intended for blackmail would be punishable under the proposed law.

The bill also decides the punishment for the violators as imprisonment of up to two years or a fine or both. The second or any subsequent offence under the section will invite punishment with imprisonment for a term not less than six months, not more than two years, and a fine.