Pinarayi Vijayan said “detailed discussions will take place in the assembly.” (Archive)
Thiruvananthapuram:
A controversial move in Kerala to allow arrests for content or social media posts deemed “offensive” by the state was called off after a severe backlash. Chief Minister Pinarayi Vijayan said today that the amendment to the Kerala Police Law “will not be implemented” for now.
“With the announcement of the amendment, different points of view emerged from different sectors. Those who supported the LDF and those who defended the protection of democracy expressed concerns. In this situation, it is not intended to amend the law,” said Pinarayi Vijayan.
He added: “Detailed discussions will be held in the assembly and further action will be taken after hearing the views of all parties.”
There has been massive criticism of the move by the left-led government, which, according to the opposition, could be used to stifle free speech, silence critics and attack the media.
A special ordinance or order signed by Governor Arif Mohammed Khan on Saturday sought to punish those guilty of spreading content through any medium (including social media) that was said to be derogatory or defamatory. Violators could face up to three years in jail, a fine of Rs 10,000, or both.
The amended law was compared with similar laws repealed by the Supreme Court: section 66A of the Information Technology Law and section 118 (d) of the Kerala Police Law.
Kerala said that the repeal of these laws had left it no alternative to “effectively tackle crimes”.
On Sunday, in a detailed defense of the measure, the Chief Minister had said that the amendment to the Kerala Police Law “will not be used in any way against freedom of expression or impartial journalism.”
Vijayan said that the state has a duty to protect the freedom and dignity of the people, but that no action will be taken against the media or critics who stay “within the limits of the Constitution.” He claimed that his government had acted after “repeated complaints against the misuse of social networks, especially by certain online channels.”
The statement from the Chief Minister’s office read: “In addition to guaranteeing freedom of the press, the Government also has a responsibility to defend the individual freedom of a citizen and his dignity, enshrined in the Constitution. The popular idea that freedom of one ends up where the smell of others must be respected. However, there have been cases where this idea has been violated repeatedly. “
Referring to the “use of personal likes or dislikes, political or non-political interests … to alter the peaceful atmosphere of families … to settle accounts,” the Chief Minister said that such attacks did not fall under the category of journalism. and they were “personal vendetta”.
Kerala BJP chief K Surendaran called the law “a tool of repression”.
Congressional leader Shashi Tharoor, the MP from Kerala’s Thiruvananthapuram, claimed in tweets that the ordinance was “so drafted that it could also be used against political opponents.”
“This law can and will be challenged in court, because any political attack on social media against a party or” class of people “(eg ‘sanghis’ or ‘libtards’) could attract its provisions. It should be reviewed to limit its application only to flagrant cases of abuse and threats “, had published Tharoor.
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