The Pinarayi Vijayan-led-Kerala government is mulling amending certain Sections of the Indian Penal Code (IPC) to increase State control over the media, reported Mathrubhumi.
The law department of Kerala has prepared a Bill to this effect. Mathrubhumi reported that the government plans to amend Section 292 of the IPC and introduce a new sub-section 292A to penalise the publishing of content ‘intended to defame someone.’
However, Mathrubhumi reported that the law department has made it clear that the Bill would require the nod of the President, given that the ‘amendment’ went against the current provisions of the Code of Criminal Procedure (CrPC) and IPC.
The new bill, which has been placed before the Pinarayi Vijayan cabinet, is being viewed as a setback for press freedom in the State. Recently, Kerala Governor Arif Mohammed Khan had expressed grave concern about the State’s crackdown on dissent.
While speaking to reporters, Khan stated that there was a fear regime in the state, with the state administration arresting people, wearing a black shirt, and attending a program, under the guise of putting an end to protests.
When Pinarayi Vijayan amended the Kerala Police Act
Earlier in 2020, the Left government introduced Section 118-A in the Kerala Police Act to allow law enforcement authorities to curtail the freedom of the press and arrest anybody on the ‘charges of exploiting social media’ to target individuals.
The new provision read, “Anyone who produces content, publishes or propagates it through any means of communication with an intention to threaten, insult or harm the reputation of an individual will be punished with an imprisonment of five years or a fine of Rs 10,000 or with both”.
The draconian amendment was brought in through an amendment approved by the State Governor. Following outrage by the Opposition and civil society, CM Pinarayi Vijayan was forced to roll back Section 118-A of the Kerala Police Act.