PCI demands withdrawal of clause 7(2) from UP’s newly introduced Digital Media Policy 2024 with immediate effect.
The Press Club of India, a prestigious journalistic club with the active membership of more than eight thousand journalists functioning from New Delhi, always at the forefront taking up the cause of the journalist community and also active on other significant national and international matters including three other media organisations have come down heavily on the Uttar Pradesh government with regard to its newly introduced digital policy terming it as an exercise to stifle the voice of free expression and freedom of the press by infringing article 19 (1) (a) of the constitution.
Terming the policy as draconian, the Press Club of India in a statement said that the Uttar Pradesh Government which has come out with its Digital Media Policy, 2024 unambiguously intends to monetarily reward content creators who amplify the state government’s initiatives, schemes, and achievements.
However, section 7(2) of the said policy states that legal action by Director Information of the UP Government will be initiated against content creators if any content is deemed to be “anti-national”, “anti-social”, “paints the government in bad light” or is “created with malafide intent”.
Criticizing the new digital policy against the interests and freedom of the journalists the PCI unambiguously states that the wide and ambiguous ambit of this clause makes it draconian thus infringing on the right to freedom of speech and expression under Article 19(1)(a) of the Constitution that encompasses the practice of journalism, which often involves highlighting the failures of the government pertaining to public affairs or in matters of public interest.
Expressing its serious concern over directly trying to stifle the voice of free speech and media freedom, the PCI emphatically said this clause is capable of imposing a chilling effect on the right to freedom of expression as it gives the UP Government sweeping powers to declare any content, including legitimate journalistic work that is posted on social media, as “anti-social” or “anti-national”, if the government so pleases.
The Supreme Court, while invalidating Section 66 A of the Information Technology Act had held that the section left many terms open-ended and undefined, therefore making the statute void for vagueness. It is the same vagueness and arbitrary nature of Section 7(2) of the said policy that makes it unconstitutional.
The statement says : It appears that the policy is drafted to reward proxy propagandists but penalise bonafide journalism or legitimate criticism of the government. The said clause, therefore legalises a serious conflict of interest. The government wants to be the judge, jury and executioner in its own cause – in a brazen violation of both the Constitution and the principles of natural justice.
There are enough instances of state governments — including the UP Government — invoking draconian laws or misapplying provisions to charge journalists for merely doing legitimate journalism said the statement.
According to the statement a free and independent media informs and educates citizens, holds elected representatives and the executive accountable, which is the cornerstone of democracy.
The PCI emphatically said that the government should not encroach upon the space that the Constitution allows journalism and demands that the UP Government withdraws clause 7(2) from its Digital Media Policy 2024 with immediate effect.
The signatories to the statement are president Press Club of India Gautam Lahiri, Secretary general Neeraj Thakur, Parul Sharma, IWPF, CK Nayak IPA, Abhinandan Saket Digipub, News India Foundation and Software Freedom Law Centre.
