INTRODUCTION
The media is the fourth pillar of democracy and unofficially functions as a mechanism of checks and balances on the power of the government. This is accomplished by honest and fair journalism, which shines a light on the government’s actions, conveys honest and accurate information to the public, and amplifies the public’s concerns and needs. In this way, the media is the bridge between the government and the people, and no democracy can thrive without a free and independent press, especially not the largest democracy in the world. This is why recent reports of plummeting press freedom and increased violence against journalists are alarming. This blog post will examine the current challenges faced by journalists in India and the current legal remedies available.
CHALLENGES
As of September 2024, India is ranked 159 out of 180 countries on the World Press Freedom Index published by Reporters Without Borders (RSF). This is following a ranking of 161 in 2023. While this may appear to be an improvement, it remains an alarmingly low rank for a democracy especially since India is ranked below several war-torn countries and authoritarian regimes. Journalists face a variety of dangers ranging from harassment and malicious police complaints to physical violence and even murder. This stops journalists and media institutions from doing their jobs to the best of their abilities as the fourth pillar of democracy which in turn erodes the strength of a country’s democracy.
LEGISLATION
The Maharashtra Media Persons and Media Institutions (Prevention of Violence and Damage or Loss to Property) Act, 2017
The Act was created to prevent violence towards media persons and the destruction of their property as well as the property of media institutions while they carried out their duties. Section 2 of the Act includes newspapers, news channels, news stations, and news-based electronic media establishments in its definition of media institutions and its definition of ‘media person’ inter alia includes journalists employed on a regular and contract basis. Section 6 of the Act makes acts of violence towards media persons a cognizable and non-bailable offence. Offenders are punishable with imprisonment up to three years or a fine of up to rupees 50,000 according to section 4. As per section 8, the Act also makes any false complaints by journalists under the Act punishable with imprisonment for up to three years or a fine of up to rupees 50,000, as well as a loss of accreditation and government benefits.
Maharashtra became the first state to pass legislation for the protection of journalists and media persons. The Act was passed by the Maharashtra Assembly in 2017 and received the President’s assent in 2019 following a close examination by several concerned ministries and clarifications. Despite its promising and much-needed mission, its implementation has been found lacking by journalists. Journalists on the ground have raised concerns about the lack of convictions and the limited amount of cases registered under the Act, as well as the lack of awareness by police officials and an insufficient mechanism for implementation.
Chhattisgarh Protection of Media Persons Act, 2023
Chhattisgarh became the second state to pass legislation for the protection of journalists in 2023 with the Chhattisgarh Protection of Media Persons Act. The Act has a greater scope and a broader definition of journalism compared to the Maharashtra Media Persons Act. For one it includes freelance journalists in its definition of ‘media person’ and it also extends protection to “news gatherers” and generally broadens the scope of protection. Section 3 of the Act provides for the maintenance of a register of journalists to be maintained where journalists shall formally register as per the requirements of the Act. This register is to be maintained by the Committee for Protection of Media Persons consisting of members enumerated in section 8, which comprises a mix of government-appointed persons and experienced media persons. This committee has the power to provide protection to journalists under this Act from harassment, violence, and intimidation and carry out any other tasks that the government may assign. The Committee has the powers of a Civil Court to carry out an inquiry or proceedings under the Act as per section 11. Offences under the act include neglect of duties by a public servant, harassment and intimidation by private individuals and companies (punishable by fine), etc. The committee would be monitored by the government and entitled to assistance from them.
This Act was the culmination of an effort by journalists to secure protection for their rights and safety from the Chhattisgarh government. However, the Act was passed after making several changes to the draft bill of 2020 which has raised concerns from journalists. The fact that the Act had provisions that could lead to the arrest of journalists for peddling fake news, the overrepresentation of government officials, and the removal of a clear sentence for a public servant who neglects his duty were key concerns expressed by journalists. However, these criticisms must be tempered by the benefits and protection the Act provides journalists against intimidation and harassment.
OTHER EFFORTS
At present, there are 2 significant bills directed at addressing the issue of violence against journalists. One at the state level and one at the national level. Neither bill has been successfully passed at present.
The Journalist (Prevention of Violence and Damage or Loss to the Property) Bill, 2022 was introduced in the Lok Sabha with the object of addressing growing attacks on journalists and protecting them from violence and destruction of their properties. The Bill makes violence against journalists non-bailable, cognizable, and punishable with a minimum imprisonment of one year which may extend to three years along with a fine. The Bill bears a great deal of similarity to the Maharashtra Media Persons and Media Institutions (Prevention of Violence and Damage or Loss to Property) Act, 2017, and could be very useful in extending protection to journalists across the country.
The Goa Media Persons and Media Institutions (Prevention of Violence and Damage or Loss to Property) Bill, 2022 was introduced in the Goa State Assembly to protect media persons and property in the state of Goa from violence. Its provisions are on the same lines as the Maharashtra Media Persons Act with largely identical penalties with the additional liability on the part of the offender to pay compensation for the loss of property and reimburse the media person’s medical expenses.
CONCLUSION
When violence is directed towards journalists and media institutions it doesn’t just affect their rights but also strikes a blow against freedom of speech and the press. The commission of these crimes with impunity has a chilling effect on other journalists and media persons and weakens a country’s press, thus weakening democracy. There are at present, two state-level laws attempting to address this issue but there is at present no comprehensive central legislation directly addressing this issue. There’s a clear need for central legislation, drafted with input from representative bodies of media persons, that is directed at the prevention and redressal of violence directed towards journalists and media persons because of their jobs. Such legislation would also need to address threats and harassment faced by journalists, especially online. It would also need to expand the scope of the traditional understanding of media persons to include various freelancers, and online content creators engaging in journalistic activities. Furthermore, there must be a recognition of the harm done to journalists by the filing of FIRs and lawsuits by malicious actors attempting to silence them. All of these issues must be addressed in a comprehensive central legislation to ensure the safety of journalists as individuals and the press as an institution.
Author(s) Name: Divya Mohanty (ILS Law College, Pune)
