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DeleteNews: Press Freedom Under Siege

Jaswant Kaur Jaswant Kaur
09 Oct 2023

A new war is underway -– a war intended to silence criticism and erode what little freedom the Press has been left with. Just a day after the country paid homage to Mahatma Gandhi on his 154th birth anniversary, we witnessed the worst. 

The ideals of truth and ahimsa that the present administration claims to uphold were cast aside as the special branch of the Delhi Police conducted raids on the houses of nearly 50 journalists, commentators, artistes, and others across Delhi NCR and even in Mumbai, citing national security concerns.

What's worse, the police seized their mobile phones and other electronic devices in a style reminiscent of a Bollywood movie. They didn't bother to issue receipts to confirm these seizures, disregarding the key words of the current administration –- transparency and accountability. 

They also failed to provide the hash value, which determines the amount of data a device contains. These raids resulted in the arrest of two NewsClick employees –- editor Prabir Purkayastha and administrator Amit Chakravarty under the draconian Unlawful Activities (Prevention) Act (UAPA), used against terrorists. 

A report published in the Indian Express reveals that the raids were carried out in response to a case registered against NewsClick on August 17, 2023. This case purportedly stemmed from a report published by The New York Times, which alleged that NewsClick was spreading Chinese "talking points." 

The report was cited in the Lok Sabha by a member of the ruling party to claim that Congress leaders and NewsClick had received funds from China to promote an "anti-India" environment! 

While the general public often struggles to file an FIR, those in power can even use newspaper reports to initiate a case. Interestingly, no one bothered to verify the authenticity of the claim. Perhaps, they were merely looking for an excuse to curtail NewsClick's influence. 

And why wouldn't they? The website has garnered attention for its meaningful reporting on the NRC-CAA, which aimed to redefine citizenship with a communal bias, as well as the year-long farmers' protest. Such reporting undoubtedly aided the farmers in asserting their rights, which, otherwise, would have furthered capitalism. 

Of course, this is not the first time that such raids have targeted journalists or individuals critical of right-wing politics, to be more precise. A report published by the rights and risks analysis group shows that 194 journalists, including seven women, were targeted throughout the country in 2022. 

The report reveals that "103 journalists were targeted by State actors, while 91 journalists were targeted by non-State actors, including political activists. Out of the 103 journalists, 70 were arrested/detained, 14 had FIRs registered against them, four were summoned by the police and Enforcement Directorate (ED), and 15 journalists were allegedly physically attacked, threatened, and harassed by public officials/police, including being prevented from traveling abroad by immigration officials." 

Moreover, approximately 24,000 individuals were booked under UAPA from 2016 to 2020, according to official figures, with a conviction rate of a mere 2 percent! In other words, there is insufficient evidence to prove that these individuals were involved in what is termed "anti-national" activities, suggesting that most of the cases are baseless. Simply put, a large majority of those charged under UAPA are languishing in jails as undertrial prisoners. 

This incident serves as a stark reminder of the Emergency -– the darkest period for the Indian Press. It marked the first time in Indian history that the "Freedom of the Press" guaranteed under Article 19(1)(a) was attacked. Two legislations that protected the interests of news publications and journalists were repealed, and a new law was enacted, banning all domestic and international news. Media houses were raided, and journalists were expelled. Over 40 Indian journalists lost their accreditation. 

After one-and-a-half years, the status quo was restored. However, more than four decades after the Emergency, the Press continues to face numerous challenges. In fact, it has become common to witness such raids conducted by central agencies like the Income Tax Department, the Enforcement Directorate, and the Central Bureau of Investigation in the name of "legalised" searches and "routine checks." 

Several media houses, including the BBC, The Quint, NDTV, and others, have faced repercussions for their objectivity and commitment to their mission. 

Those in power have employed various tactics to silence criticism. For example, the government invoked emergency laws to ban a documentary titled "India: The Modi Question," released by the BBC in the UK. Directives were issued to remove any links or clips shared on social media. 

The documentary focused on the 2002 Gujarat riots which helped Narendra Modi in consolidating his position as the chief minister of Gujarat. Subsequently, the Income Tax Department raided BBC offices in Delhi and Mumbai, claiming to be conducting a "survey" due to the BBC's defiance and non-compliance with past notices, alleging profit diversion.

This serves as a classic example of how the Income Tax Department was utilised to settle scores. Over the years, India's ranking on the World Press Freedom Index plummeted to 161 among 180 countries. It ranks in the bottom 20 countries and is the lowest-ranked among G-20 nations. This did not bother Modi when he held the presidentship of the Group for a whole year. 

Similarly, the popular Hindi Daily Dainik Bhaskar was raided by the Income Tax Department for its in-depth reporting on the government's handling of the Covid-19 pandemic. It reported about the floating human bodies in rivers like the sacred Ganga. Let's not forget the closure of the Kashmir Press Club in 2022, depriving journalists of their only place to gather and work together. 

A free and dynamic Press is essential in any functional democracy. Past experiences have demonstrated that curtailing journalists' ability to perform their role is hazardous. It appears that we have not learned much from our past, and the war against Press freedom seems never-ending. 

Meanwhile, 16 media organisations have appealed to the Chief Justice of the Supreme Court, Justice D.Y. Chandrachud, to establish clear norms for conducting raids and arrests, aiming to curb the arbitrary use of central agencies against journalists. They also came down heavily on equating journalism with terrorism as underscored by the use of UAPA against the NewsClick authorities. The outcome of this plea remains to be seen.

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