Morung Express News
Dimapur | January 14
In 2015, the media and various individuals who dared to criticise the State and its policies had a “hugely eventful” year with regard to their free speech. This was stated in a recently released report from the media watchdog website ‘The Hoot.’
Media houses in particular were at the relieving end, with the report observing that defamation and sedition cases against the media in India were at an all time high the previous year.
According to the report, 48 defamation suits were filed against the media and various individuals. In addition, 14 sedition charges were filed against various individuals, of which 35 people were charged with sedition in the country.
Several of these cases went up to the Supreme Court over the course of the year. However, the country’s apex court fortunately weighed in on the side of the freedom of speech of the accused, in most cases.
In a case of defamation being filed against publications and writers, the report cited how on August 27, a Rs 250 crore defamation case was filed by Essar Steel against Caravan magazine. The Supreme Court in this case declined to transfer a defamation suit against the magazine to Delhi
In the case of the Indian Institute of Planning and Management, the Court called the institute’s Rs 50 Crore suit against Caravan as bogus, while however letting the case be transferred to Delhi.
The Supreme Court also stepped in to protect journalists from similar actions by the Delhi Government, by staying a circular on defamation. The court went ahead and further stayed several defamation cases against many eminent writers, journalists and media houses.
The Tamil Nadu government in particular took things to a whole new level, filing 11 defamation and 2 sedition cases against a range of magazines and individuals. This prompted the Supreme Court to take note by the end of the year, slamming the Tamil Nadu State Government for granting sanction for prosecution in these cases.
The torrent of obstacles against free speech was again compounded by several sedition charges (14) filed against several individuals.
The Hoot report cited in particular that on August 27, 2015 the Maharashtra State Government had the audacity to issue circulars to all police stations in the state directing that sedition charges be applied if citizens criticize public officials or politicians.
The Bombay High Court in one of these cases against cartoonist Aseem Trivedi ruled on March 18 that mere criticism is not seditious.
The report termed the number of sedition charges being filed as a “worrying” trend. In 2015, the Law Commission had recommended doing away with the death penalty for all offences except terrorism and sedition. “But sedition became such a frequently imposed charge that the prospect of such a recommendation is worrying,” the report said.
And to top it all off, the country’s elected representatives played their part as well. The political class had a significant role to play between filing defamation cases against the media and also against each other, while some indulging in hate speech. “The political class contributed its share to the long list of free speech violations in 2015,” the report stated.
