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Arrests of Journalists - Sedition Charges

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May 19, 2020

What is the issue?

  • Dhaval Patel, editor of a news portal in Gujarat, was arrested on the serious charge of sedition.
  • The frequency with which journalists have been arrested since the outbreak of the COVID-19 pandemic demands attention.

What is the case about?

  • It involved an article speculating that State Chief Minister Vijay Rupani may be replaced by the BJP.
  • The said reason was his alleged inept handling of efforts to combat the pandemic.
  • The report had even named a possible successor.
  • It is contentious how such a report could amount to sedition, regardless of whether the speculation is true.
  • Oftentimes, the source of such speculation is a disgruntled section of the ruling party itself.
  • In any case, it is excessive to punish 'reportage with inadequate verification' with arrest and prosecution for sedition.
  • Mr. Patel has also been charged under Section 54 of the Disaster Management Act.
  • This was for allegedly spreading panic through a false alarm concerning a disaster.

What are the other recent instances?

  • In the Andamans, a reporter was arrested for a social media post.
  • It claimed that people who had contacted a COVID-19 positive patient over phone were also being quarantined.
  • In Coimbatore, Tamil Nadu, police recently arrested a news portal founder.
  • This was following a report on alleged corruption in food distribution by the local administration during the pandemic.
  • In Delhi, a reporter was summoned for a report claiming that an audio clip allegedly containing a speech by the head of the Tablighi Jamaat was doctored.

What is the larger concern?

  • Special provisions are in place to prevent the spread of rumour during disasters.
  • But these are being used to suppress reporting on political developments and possible governmental corruption.
  • The Editors Guild of India has seen a “growing pattern” in the misuse of criminal laws to intimidate journalists and suppress dissent.
  • The use of sedition law to fight fake news is an attempt to suppress inconvenient reports.

What does this call for?

  • Section 54 of the Disaster Management Act only penalises the spreading of panic relating to the severity or magnitude of a disaster.
  • It does not extend to mere incorrect reporting.
  • Asking a journalist to join the investigation may not by itself be illegal.
  • But the police should not use the power of summons to intimidate reporters or extract details of the source.
  • There ought to be greater restraint while invoking special provisions relating to handling disasters and epidemics.

 

Source: The Hindu

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