Journalist bodies on Friday (August 30, 2024) sought from the Uttar Pradesh government an immediate withdrawal of clause 7(2) from its Digital Media Policy-2024, stating that the provision gave sweeping powers to the State government to declare any content, including legitimate journalistic works posted on social media, as “anti-social” or “anti-national”.
“The policy intends to monetarily reward content creators who amplify the State government’s initiatives, schemes and achievements. However, Section 7(2) of the said policy states that legal action by the Director Information of the Uttar Pradesh government will be initiated against content creators if any content is deemed to be ‘anti-national’, ‘anti-social’, ‘paints the government in bad light’, or is ‘created with mala fide intent’,” said a joint statement issued by the Press Club of India.
The statement has been endorsed by the Indian Women’s Press Corps, Press Association, Digipub News India Foundation, and the Software Freedom Law Centre.
“The wide and ambiguous ambit of this clause makes it draconian. It infringes on the right to freedom of speech and expression under Article 19(1)(a) of the Constitution that encompasses the practice of journalism, which often involves highlighting the failures of the government pertaining to public affairs or in matters of public interest,” it said.
Stating that the Supreme Court had while invalidating Section 66A of the Information Technology Act held that the provision left many terms open-ended and undefined, therefore making it void for vagueness, the statement read: “It is the same vagueness and arbitrary nature of Section 7(2) of the policy that makes it unconstitutional”.
‘Conflict of interest’
The organisations said it appeared that the policy was drafted to “reward proxy propagandists but penalise bona fide journalism or legitimate criticism of the government”. “The said clause, therefore, legalises a serious conflict of interest. The government wants to be the judge, jury, and executioner in its own cause in a brazen violation of both the Constitution and the principles of natural justice,” they said.
“There are enough instances of State governments, including the Uttar Pradesh government, invoking draconian laws or misapplying provisions to charge journalists for merely doing legitimate journalism. A free and independent media informs and educates citizens, holds elected representatives and the executive accountable, which is the cornerstone of democracy,” read the statement.
