Proposed amendment in Police Act not to curtail freedom of

So an amendment with penal effect is highly necessary to the Police Act and IT Act as hooligans are using social media to abuse persons especially women and children or else people will take law into their own hands," he told PTI. However, Supreme Court lawyer Kaleeswaram Raj said the legal validity of the proposed law would depend on its text.

The Kerala government's decision to amend the Police Act in a bid to prevent cyber attacks against women and children was not to curtail freedom of expression, Chief Minister Pinarayi Vijayan said on Thursday, seeking to allay fears over the move. The decision had been taken based on factors such as abuse of social media to tarnish the image of individuals, he said as some quarters, including the opposition Congress, expressed concern that the proposed provision could have an adverse impact on freedom of expression.

"There is no need for any misplaced concern in this matter. We all can see a lot of abuse of social media to tarnish and assault individuals. This law is not to curtail the freedom of expression. But to control the cyber assault. Even the media persons have asked for a law. The step is based on all these factors", he told reporters here.

The state cabinet had on Wednesday decided to give more teeth to the Act by recommending addition of Section 118-A. It stipulateseither imprisonment for up to five years or a fine of up to Rs 10,000 or both to those who produce, publish or disseminate content through any means of communication with an intention to intimidate, insult or defame any person through social media.

Senior Congress leader Ramesh Chennithala said there was a concern that in the guise of fighting cyber crimes, the state government might exploit the amended section to arrest journalists who write reports critical of it. There are enough provisions in the present police law and police need to implement them, he said in a statement.

Welcoming the government decision, state Women's Commission chief M C Josephinesaid the new law will rein in the cyber bullies. The proposed new law will ensure stringent action against those engaged in cyber attack through social media, she said adding it was the women who facethe brunt of such acts and these days the complaints were rising.

The Supreme Court decision to repeal Section 66-A of the IT Act 2000 and Section 118 (d) of the Kerala Police Act, 2011 on the grounds that these were against freedom of expression, has resulted in rise in cases of cyber attack, Josephine maintained. "But this amendment will rein in such cyber bullies," she said.

Former judge of the Kerala High Court Justice B Kemal Pasha said, though he was not aware of the details of the proposed amendment, he felt it was urgently required. "I feel an amendment is urgently required as through social media, such crimes are rising exponentially. So an amendment with penal effect is highly necessary to the Police Act and IT Act as hooligans are using social media to abuse persons especially women and children or else people will take law into their own hands," he told PTI.

However, Supreme Court lawyer Kaleeswaram Raj said the legal validity of the proposed law would depend on its text. Since there are existing provisions to deal with cyber crimes against women, the government and the legislature should be very careful in introducing new provisions, which if not carefully drafted, can have an adverse impact on freedom of expression, especially that of the media, he told PTI.

"I have doubt regarding its legal validity, which of course would depend upon the text of the proposed law. It will have to satisfy the principle laid down in Shreya Singhal judgement of 2015", Raj said. It was in the Shreya Singhal case the apex court had struck down the Information Technology Acts Section 66A in the interest of free speech, a fundamental right.

Pointing that he does not think that the present law was inadequate, the lawyer said Sections 354, 354A, 354B, 354C and 354D of the IPC were strong provisions to deal with cyber offences against women. Asked if the proposed amendment covers mass media also, he said whether it will curtail the freedom of expression would depend upon the content of the proposed amendment.

"If the amendment has the tendency to picture any criticism or difference of opinion as an offence, the same will not stand the test of Shreya Singhal judgement", he said. Because such an amendment can curtail freedom of expression of the citizen, including that of the media, and it was for this reason the old provision in the Kerala Police Act was struck down by the apex court along with Section 66A of the IT Act, he said.

In the Shreya Singhal case judgement, SC has said the penal provisions cannot be overbroad since that may have the tendency to trap the innocent. Expressing concern at the increasing crime graph, fake propaganda and hate speech on social media since the outbreak of COVID-19, the government said since cyber attacks are a major threat to private life, it has been decided to amend the Police Act as the existing legal provisions were inadequate to fight such crimes.

A recommendation has been made to the Governor to issue the amendment as an ordinance, a government release said. It said while the Supreme Court had repealed section 66-A of the IT Act and Section 118 (d) of the Kerala Police Act on the grounds that these were against freedom of expression, the Centre has not introduced any other legal framework.

"In this scenario, the police are unable to deal effectively with crimes committed through social media," the release added.

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