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The Editors Guild of India (EGI) has sought a thorough review of the new criminal justice laws, expressing concern that they may be potentially used against journalists.
In a letter to Union Home Minister Amit Shah, the Guild said: “Over the years and under successive governments, many provisions under the criminal code, the so-called offensive speech laws in IPC — Sections 153A and B, 295A, 298, 502, and 505, have been liberally used to file FIRs against journalists whose reporting has been critical of governing establishment.”
Stating that such actions had become a norm under several governments, both at the Centre and in States, and across party lines, the Guild said in some cases, journalists had been imprisoned for long durations.
In others, it said, while there might not have been an arrest, yet the process of defending against frivolous complaints had itself become a punishment.
“We are now writing to you in the context of the new criminal laws, which were notified earlier in the month, and which we feel further expands the powers of law enforcement agencies…with the notification of the Bhartiya Nyaya Sanhita 2023 (BNS) and Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) to replace the Indian Penal Code 1860 and Criminal Procedure Code 1973, respectively, we feel there is even greater cause of concern…,” it said.
The Guild urged a thorough review of the criminal laws from this perspective. “We suggest substantive consultation with organisations like ours in this regard…we also are of the opinion that given the precedent in the manner in which criminal laws have been used as tools of harassment and intimidation against journalists, with a potential of setting a chilling effect, there is a legitimate case for a journalistic exception in the registration of FIRs,” it said.
The EGI said before a criminal complaint was registered as an FIR against journalists, with a reference to a journalistic work done by them, there should be an additional and thorough layer of review.
It suggested there was 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.
“While this will require a detailed review, we would like to propose a mechanism whereby any such complaint against a member of press is reviewed by a high ranking police officer, and that it is 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,” it said.
The Guild also sought engagement and dialogue with the Home Minister and the Ministry over the issue.
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