EGI, representing senior editors in the country, voiced apprehensions that the new laws might further empower law enforcement agencies. They emphasized the need for additional safeguards for journalists when criminal complaints related to their work are filed.
NEW DELHI: Today (31st July): The Editors Guild of India (EGI) has written to Union Home Minister Amit Shah, expressing concerns about the new criminal laws. The Guild pointed out that these laws have been misused to harass and intimidate journalists.
In their letter, the EGI, representing senior editors in the country, voiced apprehensions that the new laws might further empower law enforcement agencies. They emphasized the need for additional safeguards for journalists when criminal complaints related to their work are filed.
The Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) have replaced the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and the Indian Evidence Act, respectively.
The Guild raised concerns that these provisions could be misused against journalists, as has happened in the past under the IPC and CrPC. They urged a thorough review of these laws and recommended substantial consultations with organizations like theirs.
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The EGI argued for a journalistic exception in the registration of FIRs due to the potential chilling effect of using criminal laws against journalists. They stressed the need to protect media members from frivolous complaints and indiscriminate state or police action related to their journalistic duties.
The Guild proposed that any criminal complaint against a journalist should undergo an additional layer of review before being registered as an FIR. They called for deep consultations and guidelines to regulate prosecutions against the media for actions taken in their professional capacity.
“The reason we are specifically raising these concerns is that we fear all these provisions can potentially be used against journalists, as has happened in the past under the IPC and CrPC. The guild urges a thorough review of the criminal laws from this perspective and suggests substantive consultation with organizations like ours,”
the letter stated.
“We also believe that, given the history of criminal laws being used to harass and intimidate journalists, potentially creating a chilling effect, there is a legitimate case for a journalistic exception in the registration of FIRs,”
the letter added.
Highlighting that the process itself can be a punishment, the Guild emphasized the need to protect media members from frivolous criminal complaints and indiscriminate state or police actions related to their professional duties.
“We reiterate that this issue spans across governments of all political affiliations. Therefore, we strongly believe that before a criminal complaint is registered as an FIR against a journalist for their work, it should undergo an additional and thorough review. It is our firm belief that deep consultation and the formulation of guidelines are necessary to regulate prosecutions against members of the press for their professional actions,”
the letter noted.
The Guild also proposed a mechanism where any complaint against a journalist is reviewed by a high-ranking police officer and brought to the Press Council of India for an opinion on whether further investigation would unreasonably burden the journalist’s freedom of profession and expression.
“We feel that such guidelines could significantly prevent the misuse of these laws against journalistic activities,” the letter said, emphasizing that media freedom is a fundamental right protected under Article 19(1)(a) of the Indian Constitution, and that journalists serve as the “eyes and ears of the citizenry.”
“A free press is the hallmark of a democracy and deserves protection from frivolous prosecution for actions performed in the course of their duties,”
the letter concluded.
The EGI suggested that complaints against journalists be reviewed by a high-ranking police officer and brought to the attention of the Press Council of India to determine if further investigation would unduly burden the journalist’s freedom of profession and expression.
They believe such guidelines would prevent misuse of these laws against journalistic activities, asserting that media freedom is a fundamental right under Article 19(1)(a) of the Indian Constitution.
The Guild, led by President Anant Nath, General Secretary Ruben Banerjee, and Treasurer K. Ve Prasad, sought a meeting with Shah, warning that the new laws could threaten press freedom.
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The Guild also condemned new restrictions on journalists’ access within Parliament. They reiterated their request to the Lok Sabha Speaker and Rajya Sabha Chairman to remove these restrictions.
Reporters, news photographers, and TV camera crews protested inside Parliament against these increased restrictions. Opposition leader Rahul Gandhi addressed the issue in the House, urging the Speaker to “free” journalists from their “cage.”
