Updated: November 22, 2020 7:54:34 am
Kerala Governor Arif Mohammad Khan has endorsed a draconian LDF government ordinance amending the Kerala Police Law establishing the jail sentence for any social or cyber post deemed “offensive.” “or threatening.
Khan’s office confirmed on Saturday that he had signed the ordinance incorporating a new section, 118 (A), into the Kerala Police Law. Consequently, anyone who creates or submits information that is offensive or that is intended to offend or threaten another person, through any means of communication, can face a prison term of five years or a fine of Rs 10,000 or both.
It is feared that the amendment could have a chilling effect on freedom of expression, giving more power to the police and restricting freedom of the press. The Chief Minister, Pinarayi Vijayan, has claimed that the decision was based on the increasing abuse on social media against people.
Kerala defender Anoop Kumaran, who in 2015 presented to the Supreme Court against another Section 118 (D) of the Act, said he would move the Supreme Court against the ordinance. “The government claims that Section 118 (A) is designed to protect people, particularly women, from social media abuse. But in reality, the new law would be used by the authorities and the government against those who criticize them, ”he said.
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By repealing section 118 (D) of the Kerala Police Law, the Supreme Court declared it unconstitutional for violating the fundamental right to freedom of expression.
An official statement last month announcing the cabinet’s recommendation to the governor regarding the ordinance said that the Kerala High Court had previously ordered the state police to take action against hate campaigns and attacks via social media. .
The CPM-led government had also denounced an increase in crime, false propaganda and hate speech on social media since the Covid-19 outbreak, saying that existing legal provisions were inadequate to combat them. It argued that while the Supreme Court had repealed section 118 (D) of the Kerala Police Law and section 66-A of the Information Technology Law, the Center had not introduced any other legal framework to replace them. “In this scenario, the police cannot effectively deal with crimes committed through social media,” the government had stated.
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