What's wrong with the new #GO2430 issued by Andhra Pradeh government? Is it draconian and a danger to democracy? My view:

To limit the discussion to the present topic, I will avoid talking about why makers envisaged free and independent Media, the evolution and suppression of Indian media under the British, what role media plays in a democracy. Those are discussions for another day.

Let me start with the regulation. So, how is media in India regulated? The major forms of media include print media, broadcast media (TV, Radio etc) and social media. Let me take the case of print media first.

The fundamental right of “free speech and expression” guarantees freedom to Media. To say, Media draws its freedom directly from the constitution and to balance the freedom of the press and standards of print media, press council of India (PCI) is formed.

Without worrying about the composition, powers, limitations etc.. the PCI, a statutory body, regulates print media. So, if I have any concern with any newspaper, I can approach PCI and the council is empowered to address my grievance.

Similarly, there is National Broadcasters Association (NBA), a private body, regulates the content on television. Though bodies such as PCI, NBA etc have limited powers, they are generally responsible for the regulation in their respective domains.

Apart from that, there are provisions in IPC (Indian penal code), Information Technology Act (IT Act) which can used as remedies when an individual or an agency is made victim in any form. They can directly approach the judiciary/police to enjoy the legal remedies.

Like, we have been seeing the cases of people getting arrested for cyber harassment. Those were booked under provisions of IPC or IT Act. Of course, we do know how effective these provisions are.. anyway, they are there.

Now, what’s wrong with the new #GO2430? The GO empowers any government authority to slap charges on any agency/person in any form of media (print, eletronic, social) if the news published is false, baseless or defamatory.

One may think, why should one worry if charges are attracted only if news is false/baseless. As they say, devil lies in the details. Who decides if the news is false/defamatory? Not PCI, not NBA but any agency, say police, empowered by the government.

Now this indiscriminate and arbitrary power can be misused easily by the govt to threaten or abuse any news agency or even a person. What’s more worrying is the GO extends even to Social Media where opinions flow freely.

Let’s say, if someone posts saying a simple thing like “AP govt may plan to change the capital”, such post can be considered as malafide and attract charges. In fact, I may face the charges if an authority feels the very thread you are reading is defamatory.

All it takes is belief of someone, belief that a news/post is false/baseless/ with malafide intent. Now, this arbirary definitely poses a danger to democracy and the GO highly objectionable. So, what can be done?

As a case study, Rajasthan state govt introduced one such ordinance to gag media in 2017, there were campaigns against the state govt and finally the ordinance was withdrawn. Will the same happen in AP? Only time will tell.