Pointing to the “dramatically expanding reach” of the new criminal laws, the Editors’ Guild of India has written to home minister Amit Shah, urging a review of the newly-passed Bharatiya Nyay Sanhita and the Bharatiya Nagarik Sanhita Suraksha.
In the July 29 letter to Shah, the guild also made a case for “journalistic exception” in filing FIRs, in view of the use of criminal laws “as tools of harassment and intimidation against journalists” under governments across party lines, with a potential of “setting a chilling effect”.
The editors’ body suggested that FIRs and “frivolous complaints” against journalists in connection with their journalistic work must be lodged after “an additional and thorough layer of review”. “It is our strong belief that there is a need for a deep consultation and formulation of some set of guidelines for regulating prosecutions against members of the press/media for actions in the course of their duty.”
The EGI proposed a “mechanism” whereby a complaint against a journalist is “reviewed by a high-ranking police officer” and also brought to the knowledge of the Press Council of India for “an opinion on whether further investigation of the complaint/information would be an unreasonable burden on the freedom of profession and freedom of expression of the alleged offender as a member of the press”.
EGI has written to Home Minister @AmitShah @AmitShahOffice expressing concerns on new criminal laws. Highlights problem of continuing misuse of criminal laws against journalists, and expansion of powers under new laws
— Editors Guild of India (@IndEditorsGuild) July 30, 2024
Urges a review, and makes a case for journalistic exception pic.twitter.com/70FsksFbYh
The letter said there was a “need for protecting members of the media from frivolous criminal complaints and indiscriminate state or police action”, and added that “some such set of guidelines can go a long way in preventing the misuse of these laws against journalistic activities”.
It said the freedom of the media is a facet of the fundamental right of free speech and expression under Article 19(1)(a) of the constitution of India.
Newslaundry has extensively reported on the violation of press freedom in India and the need for better safeguards. Read here.
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