Dhaval Patel, editor of a news portal in Gujarat, was arrested on the serious charge of sedition.
The frequency with which journalists have been arrested since the outbreak of the COVID-19 pandemic demands attention.
What is the case about?
It involved an article speculating that State Chief Minister Vijay Rupani may be replaced by the BJP.
The said reason was his alleged inept handling of efforts to combat the pandemic.
The report had even named a possible successor.
It is contentious how such a report could amount to sedition, regardless of whether the speculation is true.
Oftentimes, the source of such speculation is a disgruntled section of the ruling party itself.
In any case, it is excessive to punish 'reportage with inadequate verification' with arrest and prosecution for sedition.
Mr. Patel has also been charged under Section 54 of the Disaster Management Act.
This was for allegedly spreading panic through a false alarm concerning a disaster.
What are the other recent instances?
In the Andamans, a reporter was arrested for a social media post.
It claimed that people who had contacted a COVID-19 positive patient over phone were also being quarantined.
In Coimbatore, Tamil Nadu, police recently arrested a news portal founder.
This was following a report on alleged corruption in food distribution by the local administration during the pandemic.
In Delhi, a reporter was summoned for a report claiming that an audio clip allegedly containing a speech by the head of the Tablighi Jamaat was doctored.
What is the larger concern?
Special provisions are in place to prevent the spread of rumour during disasters.
But these are being used to suppress reporting on political developments and possible governmental corruption.
The Editors Guild of India has seen a “growing pattern” in the misuse of criminal laws to intimidate journalists and suppress dissent.
The use of sedition law to fight fake news is an attempt to suppress inconvenient reports.
What does this call for?
Section 54 of the Disaster Management Act only penalises the spreading of panic relating to the severity or magnitude of a disaster.
It does not extend to mere incorrect reporting.
Asking a journalist to join the investigation may not by itself be illegal.
But the police should not use the power of summons to intimidate reporters or extract details of the source.
There ought to be greater restraint while invoking special provisions relating to handling disasters and epidemics.
