COURTESY HT NOV 24

Kerala pauses law to curb web posts
Ramesh Babu

letters@hindustantimes.com

Thiruvananthapuram : The Communist Party of India (Marxist)-led government of Kerala on Monday decided not to implement an ordinance it had promulgated to amend the Kerala Police Act, which mandated a jail term and fine for cyber abuse or offensive social media post, amid concern that it could be used to curb press freedom and free speech.

In a brief statement days after the ordinance was issued, chief minister Pinarayi Vijayan said it was the government’s duty to respect the concern voiced by various quarters. Even allies including the CPI (M)’s junior partner, the Communist Party of India, have expressed reservations on the move.

“We have been forced to bring such an amendment in view of growing cyber attacks against women and children. After concerns expressed by various quarters, we have decided not to go ahead with it. Further action will be taken after a detailed debate in the assembly,” said Vijayan, who conceded that even Left supporters had expressed serious reservations over the amendment.

His office sent a directive to the state director general of police not to register cases under the new law. Legal experts said that since it had already become law, the governor will have to promulgate another ordinance or order its withdrawal on the advice of the cabinet.

“Unless it is withdrawn, it will remain a law. The governor will have to promulgate another order to nullify it,” said Supreme Court lawyer M R Abhilash.

The government is likely to approach the governor in a day to two with a request to that effect, said a senior government official, who requested anonymity. The governor’s office didn’t react to the latest development.

Political observers said it was a major setback to the CM and governor Arif Mohammad Khan, who signed the ordinance on Saturday. What drew flak is that the ordinance covers any means of offensive communication or criticism on any platform and not just social media. Any person who creates or sends out any information that is offensive or intended to offend or threaten another person is liable to face imprisonment of three years or a fine of ₹10,000 or both, according to the amendment.

CPI(M) general secretary Sitaram Yechury had also expressed reservations over the ordinance and made it clear that it wouldn’t be implemented in the form in which it had been drafted. Party insiders said the central leadership had sought major changes to the ordinance, but the state unit thought it proper not to implement it.

“It is the part of democracy to take corrective steps in case of any mistakes. By deciding not to implement the amendment, the government has upheld high democratic tradition,” said the party’s state secretary A Vijayaraghavan.

The opposition Congress and Bharatiya Janata Party announced plans to challenge the ordinance in the high court.

“It was a clear violation of fundamental rights. With the new ordinance to muzzle criticism, the party has exposed its true colours. Despite major setbacks, the CM is saying it can be discussed in the assembly,” said opposition leader Ramesh Chennithala of the Congress, seeking complete withdrawal of the amendment.

The government landed in trouble after a new clause, 118 (A), was inserted in the Kerala Police Act (amendment) ordinance issued on November 21. The government reiterated that it was meant to check online hate crime against women and children, but its contours raised serious doubts among critics and was seen as a ploy to silence dissent. It also empowered police officers to initiate a case on their own and arrest the accused. Police can slap criminal charges on citizens by interpreting any kind of communication through any medium as defamatory. The knee-jerk decision came in the wake of the government’s perceived failure to control the narrative on social media in the wake of many sensational cases, including a gold smuggling racket. After the arrest of former CPI (M) secretary’s son Bineesh Kodiyeri in connection with a narcotics seizure case, many articles have appeared online against senior leaders and ministers.

“The government’s move to rein in criticism has backfired. The belated move to freeze the ordinance following the groundswell of resentment from across the social spectrum does not absolve the ruling party of its double standard on freedom of speech. Damage has already been done,” said political commentator and senior journalist John Mary