Vienna-based IPI slams Kerala govt's ordinance, calls it 'major blow' to press freedom

The International Press Institute (IPI), a global network of editors, media executives and leading journalists for press freedom, said the restrictions imposed by the ordinance are so broad and vaguely worded that it would criminalise the dissemination of news of great public interest. The IPI's strong criticism came on a day the CPI(M)-led Left Democratic Front government in Kerala put on hold the implementation of the controversial amendment to the state Police Act citing criticism from various quarters.

The Vienna-based International Press Institute on Monday vehemently criticised the Kerala government's ordinance making a controversial amendment to the state Police Act, saying it is a "major blow" to press freedom not only in the state but all over India as it threatens to set a precedent for other state dispensations to "stifle" independent media. The International Press Institute (IPI), a global network of editors, media executives and leading journalists for press freedom, said the restrictions imposed by the ordinance are so broad and vaguely worded that it would criminalise the dissemination of news of great public interest.

The IPI's strong criticism came on a day the CPI(M)-led Left Democratic Front government in Kerala put on hold the implementation of the controversial amendment to the state Police Act citing criticism from various quarters. IPI Executive Director Barbara Trionfi said, "The chief minister's assurance is not sufficient redress to the democratic concerns as each day the ordinance remains a law, it is a Sword of Damocles hanging over the media." "This ordinance is a major blow to press freedom not only in Kerala but all over India, as it threatens to set a precedent that other state governments in the country may follow to stifle critical voices and independent media," Trionfi was quoted as saying in a statement.

The restrictions imposed by the ordinance are so broad and vaguely worded that it would criminalize the dissemination of news of great public interest, in breach of the fundamental principles set by India's constitution and long democratic tradition, she said. Trionfi demanded that the ordinance should be immediately withdrawn and struck off from the statute book, leaving no possibility for it to be brought back in the future. 'The Kerala Police Act amendment ordinance, which was approved by the Governor of the southern Indian state on November 22, criminalises publication of 'any matter which is threatening, abusive, humiliating or defamatory'," the IPI statement said.

The ordinance provides for three-year imprisonment and a fine of Rs 10,000 if found guilty of the offence, it said. The provisions in the ordinance are ambiguous and open to interpretation by the police, leading to the possibility that it could be used to arrest or prosecute journalists and media organisations for their reporting, the IPI said.

Moreover, the timing of the ordinance raises doubts about the real intention behind its promulgation and appears to be an attempt to muzzle the media, it said. "The ruling Left Democratic Front (LDF) has come under heightened public scrutiny for corruption scandals involving ruling party politicians and senior bureaucrats," the IPI said. Earlier in the day, the International Press Institute's India chapter also condemned the Kerala government's ordinance, saying it was a "nasty and diabolical" attempt to muzzle the media in the state.

The IPI India chapter said the Kerala ordinance introducing a new section in the Kerala Police Act is perhaps the most serious assault on freedom of expression in decades. In a statement issued by N Ravi, Chairman, Indian National Committee, International Press Institute, the IPI India demanded that Kerala Governor Arif Mohammed Khan and Chief Minister Vijayan should immediately rescind this ordinance which it said was an "unconstitutional and illegal attempt to curtail freedoms guaranteed under the Indian Constitution".

The International Press Institute "condemns and vehemently opposes in the strongest terms, the black ordinance promulgated" in Kerala, which makes "gravest" legalised assault on the freedom of expression and freedom of press, the statement said. "In its reach and scope for mischief, it is far worse than the anti-defamation bill sought to be introduced by the Union government and several state governments in the 1980s but was beaten back by nationwide media and public protests," the IPI India said.

The context and the circumstances make it clear that the ordinance is a "blatant attempt" to silence critics of the government rather than protect any vulnerable group, at a time when the state government's policies and actions are being scrutinised by the media and the people, which is a democratic right, the IPI India said. "The ordinance is a nasty and diabolical attempt to muzzle the media in Kerala," it said.

Noting that the criminal defamation law in Section 499 of the Indian Penal Code is "bad enough", the IPI India said the Supreme Court of India has upheld its constitutional validity on the reasoning that with the ten exceptions to defamation listed in the section, it strikes a fair balance between the right to free speech and the protection of reputations. The Kerala government ordinance does not provide for even such minimal protection of free speech and it is difficult to see how it will pass constitutional muster, the IPI India said.

"But even before legal challenges are decided in courts, the ordinance can be used by the police, the state government and the ruling politicians to do enormous mischief and irrevocable damage to targeted media organisations, editors, reporters, cartoonists and publishers," the statement said. The International Press Institute (IPI) is a global network of editors, media executives and leading journalists who share a common dedication to quality and independent journalism.

"Our mission is to defend media freedom and the free flow of news wherever they are threatened," the IPI states on its website..

(This story has not been edited by Devdiscourse staff and is auto-generated from a syndicated feed.)