Kerala Governor signs police act amendment ordinance

Amid protest from the opposition, Kerala Governor Arif Mohammed Khan has signed the Kerala Police Act Amendment ordinance to rein in growing cyber attacks against women and children. The Congress-led opposition has been opposing the ordinance saying it was a move aimed at muzzling media which exposed many alleged omissions and commissions recently. According to the latest ordinance, a police officer can suo motu register a case against the accused and arrest him.

The proposed amendment makes it a cognizable offence and any person can file a complaint or a police officer can register a case suo motu against the accused. Many experts have warned that it will be misused and some of the wordings of the ordinance also cover the mass media. Opposition parties earlier urged the Governor not to give his assent to the ordinance. The government had decided to give more teeth to the Police Act by recommending the addition of Section 118-A. It stipulates either imprisonment for up to five years or a fine of up to Rs 10,000 or both to those who produce, publish or disseminate content through any means of communication with an intention to intimidate, insult or defame any person through social media.

The government defended its position saying existing laws were not effective to deal with such crimes. It also pointed out that the High Court had directed the state chief secretary and DGP in May to initiate effective steps to curtail hate speech and bullying on social media. “Apprehension in this regard is ill-founded. Our only aim is to curb cyber attacks that are posing a major threat to private life,” said state law minister A K Balan. “We agree cyber-bullying of women and children should be contained at any cost. But in the guise of fighting cyber crime the government may target journalists who are exposing many misdeeds. Some of the wordings in the ordinance buttress our fear,” said opposition leader Ramesh Chennithala.

While defending an ordinance, chief minister Pinarayi Vijayan said Sunday that the amendment to the Kerala Police Act "will in no way be used against free speech or impartial journalism".  Vijayan said that while the state had a duty to protect individuals' liberty and dignity, no action would be taken against the media or those who criticise the government "within the limits of the Constitution". The popular idea that one's freedom ends where the other's nose begins needs to be respected. However, there have been instances of this idea being repeatedly violated," the  CMO statement said.