Updated: November 23, 2020 11:18:13 am
Kerala’s Chief Minister Pinarayi Vijayan. (Archive)
Faced with widespread criticism and outrage by the Kerala government, the move to amend the law to impose a jail sentence for any “offensive” post on social mediaThe Chief Minister, Pinarayi Vijayan, stated that it would not be used against “freedom of expression” or “impartial journalism”.
Few were buying this, with opposition parties criticizing the ruling CPM-led LDF for the “tough and draconian” movement to “muzzle the media.” Sources from Vijayan’s own party said that the clarification from the Chief Minister came after the intervention of the central leadership of the PCM. “There is considerable outrage … It becomes difficult to defend such an ordinance,” said a Politburo member.
The CPI, a component of the LDF in Kerala, is also upset. A party leader said that Vijayan should have entrusted the ally and that the issue will be addressed at the next meeting of the alliance.
CPI Secretary General D Raja told The Indian Express that his party opposes governments taking the ordinance route on such matters.
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“The Chief Minister has come out with a clarification saying that all objections and apprehensions and constructive criticism will be taken into consideration. Therefore, our party expects the LDF government to consider public opinion and our party will address the issue accordingly at the appropriate level. We will address the matter at the appropriate level, ”Raja said.
Meanwhile, the opposition leader in the Kerala Assembly, Ramesh Chennithala from Congress, accused the government of “trying to silence those who criticize them.” BJP state chairman K Surendran said the amendment was aimed at “silencing all political protests.”
The congressman and former minister of the interior of the Union, P Chidambaram, tweeted that he was “shocked by the law.” He wanted to know how the general secretary of the CPM, Sitaram Yechury, would defend the “atrocious” decision.
Vijayan claimed that such “apprehensions” were “unfounded”. Kerala police said that before taking further action under the amendment, a standard operating procedure (SOP) will be prepared in consultation with legal experts to ensure that the ordinance is not misused in any way.
On Friday, Governor Arif Mohammad Khan approved the Kerala Police Ordinance (Amendment), 2020 incorporating a new Section, 118 (A), in the Kerala Police Law. Consequently, any person 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 three years or a fine of Rs 10,000 or both.
While the government has asserted that the amendment aims to control the misuse of social media targeting people, the opposition said it is “against freedom of the press” and “violates the fundamental right to freedom of expression enshrined in the Constitution “.
In a statement, Vijayan said: “In the name of freedom of the press, individual freedom cannot be violated. Similarly, in the name of individual freedom, freedom of the press cannot be violated. The government has a duty to protect both. It is in this context that even at the international level, measures are being put in place against the violation of personal dignity. Kerala Police Law amendment are only those that are in tune with such measures. ”
He said the state government has been receiving complaints, including from prominent public figures, of targeted attacks and misuse of social media, especially by some online channels “under the guise of journalism.”
Noting specifically the social media attacks faced by women and the transgender community, Vijayan said they have resulted in “heartbreaking tragedies” and involve “personal revenge” with “monetary interests.” “The Government will certainly consider all the creative opinions and suggestions that are being issued regarding this amendment,” he said.
Chennithala said: “The new section aims to silence the media. The CPM and its government want to silence those who criticize them. The government wants to muzzle the press, which exposes corruption and nepotism in governance. The CPM is sending the message that anyone who dares to speak out against the government will be sent to jail. “
He said the Chief Minister “has imposed a harsh and draconian rule against freedom of expression.”
BJP head of state Surendran said the new section is “intended to silence the political protest against the government.” “It shows that there is an undeclared emergency in Kerala. The new law is a usurpation of people’s right to freedom of expression. The Chief Minister wants to silence not only the new media but also the mainstream, ”he said.
In 2015, the High Court, in its landmark ruling on section 66A of the Information Technology Law, struck down a similar provision of the Kerala Police Law for violating the right to freedom of expression and for its vagueness.
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