Indian state U-turns on jail sentences for ‘offensive’ social media posts after online backlash
Those found guilty of defaming or humiliating individuals through ‘any mode of communication’ would have faced prison sentences of up to three years
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Your support makes all the difference.The southern Indian state of Kerala has been forced to backtrack on plans for a tough new defamation law, which critics feared would be used in a crackdown on social media content deemed “offensive” by the authorities.
The new ordinance would have given Kerala police powers to prosecute anyone publishing content that is “threatening, abusive, humiliating or defamatory” through “any mode of communication”, widely seen as referring to online platforms.
Chief minister Pinarayi Vijayan had insisted the law would not be used against “free speech” or “impartial journalism”, but nonetheless faced a major public backlash for a measure which would have carried a maximum sentence of up to three years in prison.
Mr Vijayan, who is from a regional left wing party, was facing mounting criticism at both a state and national level from the Congress party, while Narendra Modi’s Bharatiya Janata Party (BJP) had challenged the amendment to the law in Kerala’s High Court.
On Monday, the chief minister said that taking into account all the criticism, the state had decided not to implement the amendment. He further added that a decision on the law would be taken after consultation with MLAs in the state’s assembly.
Mr Vijayan had earlier in a statement said: “In the name of the freedom of press, individual freedom cannot be violated. Similarly, in the name of individual freedom, the freedom of the press cannot be violated. The government is duty bound to protect both. It is in this context that even at the international level measures are being put in place against the infringement of personal dignity. The amendments in the Kerala Police Act are only those that are in tune with such measures.’’
He said that the state government has been receiving complaints of targeted attacks and misuse of social media, especially by some online channels “in the guise of journalism”.
Pointing specifically to attacks on social media faced by women and the trans community, Mr Vijayan said they have resulted in “heart-wrenching tragedies” and involve “personal vendettas” with “monetary interests”.
Shashi Tharoor, a member of parliament for Congress with his constituency in Kerala, called the ordinance “troubling”.
“The law responds to several cases of offensive tweets/posts/comments abusing & threatening women, but it is so loosely drafted that it could also be used against political opponents, journalists & critics,” Mr Tharoor wrote.
The BJP’s state president, K Surendran, had said that the chief minister was “behaving like a man drunk on power and proving himself to be unworthy of holding office.”
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