An intensifying crackdown on Press Freedom

The government can suspend the accreditation of reporters and editors if they are charged with a “serious cognisable offence”

Three media-related news reports in February – the shutting down of a TV channel, the new policy on accreditation of journalists, and a report on the rising number of assaults and arrests of journalists – go to show the increasing crackdown on the media, a big blow to free speech in the world’s largest democracy.

Take the first one. The Kerala High Court, on February 8, dismissed the petition of popular Malayalam news channel MediaOne TV challenging the Centre’s order barring its transmission after the Ministry of Home Affairs (MHA) refused security clearance to renew the channel’s licence.

MediaOne had gone off air on January 31 this year, following a suspension by the Centre, citing security reasons.

While MediaOne’s employees and the Kerala Union of Working Journalists have alleged that the judge’s decision was illegal and unsustainable, the government, represented by Additional Solicitor General Aman Lekhi contended that where the government says national security is concerned, the reasons for denial of security clearance need not be provided and the principles of natural justice (such as giving a hearing) do not apply.

The news channel was not even informed of the specific grounds for cancelling its licence, the government’s only response for the move remained “national security”.

There have been temporary bans on channels in the past, but this is the first time a channel has been ordered to shut down permanently, raising questions about the fundamental right to freedom of speech and expression, compelling several parliamentarians, lawyers, editors and activists to come out in support of MediaOne. “This arbitrary act of the MHA amounts to a violation of the freedom of speech and expression guaranteed under Article 19 of the Constitution, and also represents a clamp down on broader press freedom in India,” their joint statement said.

The upshot of the MediaOne case is that it makes all media outlets susceptible, and this is scary and dangerous because the government can shut down any media outlet and tell the court that it is a threat to national security.

Worryingly, such an approach gives scope for abuse to target media outlets that are critical and tell truth to power.

In light of the unfavourable order from the court, the parties have taken the next step and filed an intra-court appeal, the outcome of which only time will tell.

Another announcement in February that added to the anguish of journalists was the government’s new policy on accreditation. Under the new rules, journalists can lose their accreditation if they act in a manner “prejudicial to the sovereignty and integrity of India, the security of the State, friendly relations with foreign states, public order, decency or morality”.

The government can also suspend the accreditation of reporters and editors if they are charged with a “serious cognisable offence”.

The stringent new policy can be misused by the government in power and gives the government immense discretionary powers to curb media freedom. This has dismayed journalists as accreditation is key to entering public offices and access to top officials, something that is crucial in their day-to-day functioning.

Journalists’ groups were quick to act, writing to Information and Broadcasting Minister Anurag Thakur expressing their dismay, saying the new policy violated the existing one prepared by the Press Council of India. The letter, according to media reports, signed by the heads of the five journalists’ groups, has strongly opposed the “unilateral and unfair” decision of the Ministry of I&B, saying they violate the existing guidelines. The response from the ministry is awaited.

Close on the heels of this came a report from the Committee Against Assault on Journalists (CAAJ) that said 12 journalists have been killed, 48 physically assaulted and 66 booked or arrested in Uttar Pradesh since 2017.

The CAAJ report, titled “The Siege of the Media” published on its website provides details of the various incidents in Uttar Pradesh based on facts and figures compiled from 2017 to February 2022.

In light of these and several other incidents, is it any wonder that the not-for-profit international journalism body, Reporters Without Borders (RSF), in its latest report, classified India among countries “bad” for journalism and one of the most dangerous countries for journalists doing their job properly? Is it surprising that RSF’s latest press freedom index ranks India 142nd out of 180 countries? In just about five years, India’s place in RSF’s index has fallen to 142 in 2021 from 133 in 2016.

It is not for nothing that the press is referred to as the ‘fourth estate’, and a free press as the cornerstone of any democracy, serving to stand against power, lies and false propaganda.

Only a few decades ago, independent and investigative journalism in India was noteworthy. Big scandals and scams, corruption in high places and wrongdoing were exposed, even toppling governments. But in recent years, such journalism has suffered, even provoking Chief Justice of India N V Ramana to lament that independent and investigative journalism is “unfortunately vanishing from the media canvas.”

That said, the parts of the media that are still independent are braving all odds to expose misrule, corruption, wrongdoing, etc., at a time of growing authoritarianism and swirling misinformation. But if the environment of intimidation that includes raids on independent media offices, assaults and arrest of journalists, vilification of media houses and media persons as ‘money launderers’, and unfair policies relating to the media remain, the press will continue to suffer. It will continue to be at the receiving end of unsparing attacks by the government and troll armies.

This is dreadful not only for the freedom of the press but also for the largest democracy in the world.

(The writer is a senior journalist based in Bengaluru)