JOIN USThe Mumbai police order which bans any kind of online hate on various social media platforms has more teeth than it appears to have. The order was issued under Section 144 CrPC last week and will be in force till June 8. It covers all social media platforms and ostensibly seeks to curb dissemination of incorrect and fake information and of derogatory and discriminatory content directed against any particular group. It also bans content “which causes panic and confusion among the people’’ and which ‘’incites mistrust against the government officials or their acts to prevent the spread of coronavirus.’’ The first two purposes of the order may be acceptable as reasonable and necessary to ensure that there is no attempt to weaken the fight against the coronavirus. It is also necessary to be vigilant against attempts to create confusion and panic, though there is likely to be scope for subjective judgement in this. But the ban on “incitement of mistrust against government officials’’ is wrong and liable to be misused by the authorities tasked with enforcing it.
The police have said that the order was issued to deal with the “animosity created in the state due to Covid-19 pandemic”. This, in effect, seeks to ban any criticism of the measures taken by the government to fight Covid-19. Maharashtra is the worst-affected state in the country and the government’s containment efforts have been criticised. There is no case to ban such criticism, and criticism is necessary in a democracy. There is even a demand from the opposition BJP for dismissal of the government and imposition of President’s rule in the state. Such criticism may be right or wrong, but the opposition has the right to make a scrutiny of the government’s measures and say that they are not adequate and effective.
Such criticism can be interpreted under the order as “incitement of mistrust towards government functionaries…thereby causing danger to human health or safety or a disturbance to the public tranquility.” The order says action can be taken under Section 188 of the Indian Penal Code on such a charge. This is untenable. The Bombay High Court has adjourned consideration of a petition against the order. But the order is considered to be illegal and beyond the scope of Section 144 and the powers of a magistrate. The Uddhav Thackeray government has claimed that it is only directed against disinformation on social media but the way it is formulated, it has a larger scope and can be used against all critics. It militates against freedom of expression.