IFJConcerned at Spike in Criminal Prosecution of Journalists

July 18, 2011

IFJ Concerned at Spike in Criminal Prosecution of Journalists and Media

The International Federation of Journalists (IFJ) today releases a paper on the criminalisation of free speech and expression in India, drawing attention to a recent spike in legal prosecution of journalists and media organisations. Some of these actions are taken under special security laws enacted in conflict prone areas, while several are under ordinary criminal law in regions where no perceptible threat of insurgent violence exists.

The paper was presented and discussed at a regional symposium on “Criminalisation of Speech, Expression and Opinion in Asia” in Jakarta, Indonesia between July 15 and 16. The symposium was hosted by the Asian Forum for Human Rights and Development (FORUM-ASIA), the Southeast Asian Press Alliance (SEAPA), the Southeast Asia Media Legal Defense Network (SEAMLDN) and the Alliance of Independent Journalists of Indonesia (AJI), an IFJ affiliate. The U.N. Special Rapporteur on Freedom of Expression, Frank La Rue, was a special invitee to the symposium.

The Indian Constitution protects the right to free speech and only grants that “reasonable restrictions” can be imposed on specified grounds. The Indian Supreme Court has established guidelines on when such restrictions can be legally permitted, though experts believe that the judiciary’s understanding of this is still fragmented.

Criminal defamation cases and hate speech prosecutions have also been launched against journalists and media, with barely concealed political motives. In its eagerness to prosecute for contempt, the judiciary has also provided insufficient protection to journalists when issues questioning its own functioning are raised.

Actions by the police and security agencies, the IFJ study judges, are often taken with the knowledge that the cases involved will never go through the full process of trial, but would serve the function of silencing critical commentary in the media.

The IFJ study concludes that “the free speech right remains hostage to conflicting judicial interpretations and uncertain ethical commitments by the officers of the state”. It urges media managers and journalists’ organisations to organise and mount a legal challenge “that will establish a framework of rules for the responsible and socially committed exercise of the right of free speech”.

The IFJ represents more than 600,000 journalists in 131 countries

Find the IFJ on Twitter: @ifjasiapacific

Find the IFJ on Facebook: www.facebook.com/IFJAsiaPacific

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