UNDECLARED EMERGENCY: ON THE ARRESTS AND ACTIONS IN NEWSCLICK CASE

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RELEVANCE TO UPSC SYLLABUS: GS 2: POLITY: FREEDOM OF PRESS; FUNDAMENTAL RIGHTS; UAPA ACT, 1967.

THE CONTEXT:

The arrest and actions in the Newsclick case under the draconian provisions of the Unlawful Activities (Prevention) Act, 1967 can create a chilling effect and is seen as an attack on freedom of press.

MORE ON THE NEWS:

• The arrest is based on an FIR filed due to alleged illegal funding from China via the United States. The FIR was filed under UAPA Sections 13 (unlawful activities); 16 (terrorist act); 17 (raising funds for terrorist acts); 18 (conspiracy); 22 (C) (offences by companies, trusts); along with IPC Sections 153A (promoting enmity between different group) and 120B (criminal conspiracy).
• These actions against the website are not new it has been under the scrutiny of the Enforcement Directorate (ED) and the Income-Tax Department since 2021, with seizures of electronic equipment, but no charge sheet was ever filed against it.
• The government has, thus far, disclosed no specific allegation on what exactly merited the arrest. Reportedly, the website is under investigation for a “terror case with Chinese links”, but no article or content has been brought to light that allegedly suggests any link to “terror” or pro-Chinese propaganda.

UNLAWFUL ACTIVITIES (PREVENTION) ACT, 1967:

• It was passed in 1967 and aimed at effective prevention of unlawful activities associations in India.
• Unlawful activity refers to any action taken by an individual or association intended to disrupt the territorial integrity and sovereignty of India.

Key provisions of the UAPA, 1967:

• It empowers the central government to declare an association as unlawful if it believes that the association is involved in unlawful activities that threaten the sovereignty, unity, and integrity of India.
• It leaves very little room for judicial reasoning, and makes the grant of bail virtually impossible under UAPA. It has death penalty and life imprisonment as highest punishments.
• Under UAPA, both Indian and foreign nationals can be charged. It will be applicable to the offenders in the same manner, even if crime is committed on a foreign land, outside India.
• Under the UAPA, the investigating agency can file a charge sheet in maximum 180 days after the arrests and the duration can be extended further after intimating the court.
• The 2004 amendment, added “terrorist act” to the list of offences to ban organizations for terrorist activities. Till 2004, “unlawful” activities referred to actions related to secession and cession of territory.

Features of 2019 Amendment:

• Under the Act, the central government may designate an organisation as a terrorist organisation if it:
  • commits or participates in acts of terrorism,
  • prepares for terrorism,
  • promotes terrorism, or
  • is otherwise involved in terrorism.
  • It additionally empowers the government to designate individuals as terrorists on the same grounds.
• Under the Act, investigation of cases may be conducted by officers of the rank of Deputy Superintendent or Assistant Commissioner of Police or above.  It additionally empowers the officers of the NIA, of the rank of Inspector or above, to investigate cases.
• The Act defines terrorist acts to include acts committed within the scope of any of the treaties listed in a schedule to the Act.
• The Schedule lists nine treaties, including the Convention for the Suppression of Terrorist Bombings (1997), and the Convention against Taking of Hostages (1979).  The Bill adds another treaty to the list.  This is the International Convention for Suppression of Acts of Nuclear Terrorism (2005).

WHAT IS THE  FREEDOM OF PRESS?

• Freedom of press or media refers to the rights given by the Constitution of India under the freedom and expression of speech in Article 19(1)(a). It encourages independent journalism and promotes democracy by letting the people voice their opinions for or against the government’s actions.
• However this Freedom under Article 19 is also not absolute. It faces certain restrictions under Article 19(2), which are as follows: Matters related to in interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.

ISSUES RELATED TO PRESS FREEDOM IN INDIA:

• Arbitrary use of UAPA Act: Arbitrary use of powers given in the UAPA Act is resulting into restriction on freedom of press and rights of journalists. For example, Kerala journalist Siddique Kappan who was booked by Uttar Pradesh government under the UAPA Act while performing his journalist duty and his prolonged custody can be noted as a marker of India’s declining press freedom.
• Fake news: One of the major issues related to journalism is misinformation and disinformation spread in media.
• India’ ranking in world: India is faring worst place in terms of press freedom in world. It has fallen from 150^th to 161 in 2023 among the 180 countries.
• Harassment of journalists: Press in India are often subjected to harassment and physical attacks by both state and non-state actors. This has created a climate of fear among journalists.
• Lack of regulation: There is persistent lack of regulation and oversight over media outlets which led to unethical practices.
• Pressure from political parties: Media houses in India often face pressure from political parties and business interests to promote certain agendas which results in biased reporting.

THE WAY FORWARD

• Room for dissent: There should be enough room for dissent for media persons and outlets and a responsive and responsible government should not dismiss criticism and be tolerant enough to take the criticism positively.
• Holding the person or body accountable for their actions: Rather than curbing whole of press freedom, holding of actual culprit can be a better way out.
• Freedom to press: Freedom of press has always been a cherished right in all democratic countries and the press has rightly been described as the Fourth Pillar of Democracy. Therefore, ensuring its freedom to necessary for democratic principles.
• Awareness & Good Governance: There should be awareness among both citizens and media outlets of their democratic rights for transparent reporting.

THE CONCLUSION:

An independent press acts as an important check on the Government and its policies. Therefore, Freedom of press on public affairs and investigations into wrongdoing in the administration of public affairs is must for a healthy democracy.

SOURCE: https://www.thehindu.com/opinion/editorial/undeclared-emergency-the-hindu-editorial-on-the-arrests-in-the-newsclick-case/article67380803.ece

PREVIOUS YEAR QUESTIONS

1. Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy. (2017)
2. “Recent amendments to the Right to information Act will have profound impact on the autonomy and independence of the Information Commission”. Discuss. (2020)

MAINS PRACTICE QUESTIONS

1. Discuss the role of the Freedom of Press in establishing accountability of the government to the people.
2. What do you mean by freedom of press in India? Discuss the challenges faced by the press in India and suggest measures to overcome these challenges.