Kerala has promulgated a draconian ordinance to curtail free speech.
What is the ordinance all about?
It amends Section 118A in the Kerala Police Act giving uncontrolled powers to the police to curtail free speech.
Now, the police can arrest anyone expressing or disseminating any matter deemed threatening, abusive, humiliating or defamatory to a person or a class of persons in any manner making it an cognizable offence.
What the State government says?
It indicates that law targets only defamatory social media posts.
It will not curb reportage, political satire or expression of opinion.
However in the Shreya Singhal vs. Union of India (2015) case, the Supreme Court struck down Section 66A of the IT Act which criminalised sending of any message through a computer resource that was grossly offensive, menacing, or caused annoyance, inconvenience, danger, insult, injury and intimidation.
The court cited that act brought innocent and offensive messaging under its ambit.
What are the issues with the ordinance?
The new law is vaguely defined and is made cognizable whereas criminal defamation under the IPC is non-cognisable.
Section 118A lays down a three-year prison term whereas it is two year term under the IPC.
The present ordinance contravenes with earlier Supreme Court judgement -A police officer cannot register an FIR for the offence & they can only be prosecuted by a private complaint.
However, Centre’s assent is mandatory as it is in conflict with central laws & the ordinance itself required prior presidential assent.
It is regrettable that the State sought to equip with extraordinary powers to deal with a problem that can be dealt with other provisions relating to stalking, harassment, criminal intimidation and verbal abuse.
