Journalist bodies across the country have resolved to intensify the demands of media and digital rights organisations all the while urging the government to withdraw laws aimed at curbing the freedom of press.
Press Club of India president Gautam Lahiri, in a statement on Friday said that the media bodies adopted a 15-point resolution during a meeting held on May 28.
It highlighted the resolutions, stating that the sweeping provisions under laws such as the proposed Broadcast Services (Regulation) Bill, 2023, the Digital Personal Data Protection Act, 2023, the Press and Registration of Periodicals Act, 2023, and more importantly, the Information Technology Amendment Rules, 2023, which grants authority to the government to remove any online content pertaining to its business that it deems to be false or misleading, are meant to silence the press.
It asserted that the Broadcast Services Regulation Bill, 2023, expands regulatory oversight to include OTT platform and digital content and said that it will replace the Cable TV Networks (Regulation) Act, 1995. It proposes mandatory registration, content evaluation committees for self-regulation and a three-tier regulatory system, it added.
It also noted the apprehensions of control and regulation which may place unreasonable restrictions on the citizens’ right to know. It further stressed the need for the government to ensure that the right to know of the people is not trampled upon and said that the practice of repeated Internet shutdowns impedes both the citizens’ right to information and journalists’ ability to report news.
It called upon all the press in the Country to stand up for its rights granted under Article 19(1)(a) of the Indian Constitution to enable it to continue to act as an important pillar of the vibrant and inclusive democracy.
Similarly, the Digital Personal Data Protection Act, 2023, attempts to define the digital space which it regulates while trying to put more emphasis on data handling, it mentioned. It seeks to protect data from unauthorised access, it said while pointing out that breaches and misuse have become a critical concern in the modern digital age.
However, amendment to Section 8(1)(j) of the Right to Information Act, 2005, to align it with Section 44(3) of the Digital Personal Data Protection Act, 2023, curtails the crucial section of RTI, which has served as a vital tool for journalists for ferreting out critical information about the functioning of governments and public servants in public interest, it maintained.
It demanded the Government to either delete or amend all such provisions of the Digital Personal Data Act, 2023, intended to weaken the Right to Information Act, 2005. It insisted that the Press Council of India, established by an act of Parliament, be replaced by a Media Council to include the broadcast and digital media and added that the Media Council should be empowered to deal with the challenges emanating from a constantly changing media landscape.
The statement also mentioned that it should comprise working journalists, representatives of unions, owners and the government and be empowered to pass strictures on media houses, publications, broadcast and digitally published content and owners and take other such measures.
It also expressed concern over the move to appeal the Working Journalist Act and Other Newspaper Employees (Condition of Service) and Miscellaneous Provisions Act, 1955 and Working Journalists (Fixation of Rates of Wages) Act, 1958, which cover a wide range of issues, including wages, working hours, leave, holidays, termination of employment, and redressal of grievances as well as mandate Wage Boards to fix and revise the wages of journalists and other newspaper employees.
It pointed out that the act provides protection to journalists, including security of service and said that these Acts subsumed by the Occupational Safety, Health and Working Conditions (OSH) Code, 2020, be withdrawn immediately. It demanded to restore and amend the two Working Journalists Acts to include broadcast journalists and digital media.
Noting that the internet users in the country have risen to a whopping 850 million, it appreciated the need for a modern legal framework for protection of personal data, freedom of expression and quick and easily accessible grievances redressal mechanism.
It mentioned the Government’s declaration of bringing in Digital India Act, which is intended to replace the Information Technology Act, 2000 to address the challenges of a rapidly evolving digital landscape, and stated that the Ministry of Electronics and Information Technology on March 9, 2023 released a presentation outlining the scope of the proposed act.
The journalist bodies further appealed to the government to clearly articulate what they perceive as harms/risks, benefits to people in India on the internet. The government has so far not provided clear articulation of definitions of an Open, Safe, Trusted, and Accountable internet, it alleged. It also asked the Government to state/clarify/document where the current legislative framework falls short, especially amidst the reforming criminal justice system laws with legislations that were passed after 146 opposition MPs were suspended.
The government must state clearly whether state intervention required to protect people of India should take the form of new laws or better redressal mechanisms or improvement of state capacity or a combination of these and other aspects, it maintained. It urged to ensure that proposed future laws should not impede press freedom, while upholding the right to privacy of citizens.
It asserted that the existing laws and future legislations should not be leveraged to block or takedown legitimate news content across platforms viz. print, television and internet. It also resolved to urge the government to ensure that all stakeholders are taken on board through an institutional process that will ensure wide consultation when it intends to prepare the working draft of the proposed Digital India Bill.
The press bodies will continue to seek remedial measures collectively or individually, including legal remedies, it stated. The resolution was jointly signed by Press Club of Mumbai chairman Gurbir Singh; president, Press Club Kolkata, Snehasis Sur; secretary, Press Club of Chandigarh, Umesh Sharma; executive director, Internet Freedom Foundation, Prateek Waghre; secretary, Trivandrum Press Club, M Radhakrishnan; president, Cogito Media Foundation, Shams Tabrez Qasmi; president, Delhi Union of Journalists, Sujata Madhok; president, Working News Cameramen’s Association, SN Sinha; chairperson, DIGIPUB News India Foundation, Dhanya Rajendran; president, Indian Women’s Press Corps, Parul Sharma; president, Press Association, CK Nayak; president, Indian Journalist Union, Geetartha Pathak; secretary, Indian Journalist Union, Balbir Singh Jandu and convener, Jan Prasar, Suhas Borker, it added.
