June 16, 2019

India’s war on free speech

located:	India
editor:	Tish Sanghera

The arrest of freelance journalist Prashant Kanojia last week has fuelled fears of a mounting war on free speech in the world’s largest democracy.

Kanojia was arrested by plain-clothed policemen and immediately imprisoned after sharing a video on Twitter that shows a woman claiming to be romantically involved with Yogi Adityanath, the Chief Minister of India’s largest state, Uttar Pradesh. The video appears to have struck a nerve and has been deemed ‘obscene’ in the arrest documents filed by the police.

Arrests of those outspoken or critical of India’s power-bearers have become increasingly common over the past few years and across the political spectrum. Mamata Bannerjee, Chief Minister of West Bengal recently jailed a woman for producing a humorous meme that portrayed her party, the TMC, negatively in a prime example of the growing climate against dissent.

However there is something more sinister associated with Kanojia’s case. He was arrested because the Chief Minister felt personally attacked. Adityanath had several, legitimate ways to respond to the viral video on Twitter, including filing a civil defamation case or pursuing an injunction to prevent further media coverage. But by deciding to arrest a journalist who happened to share the video, as well as two media executives from National Live, a TV station who covered it, his response appears excessively punitive and tyrannical. It also signals an emboldened crackdown on journalists by those currently in power and a deliberate attempt to stifle press freedom.

India is currently ranked 140th out of 180 in the World Press Freedom Index compiled by Reporters Without Borders (RSF), down two places from last year as global analysts recognise the deteriorating media environment for objective and independent journalism in the country. The number of journalists murdered in the country while carrying out their job stood at six in 2018. The RSF has also condemned an increase in coordinated hate campaigns meted out on social media against journalists and a rise in attacks in the run-up to the 2019 general elections.

The situation is even more worrying since the lack of respect for the fourth estate stems from the highest body of leadership in the country – the Prime Minister’s office. PM Narendra Modi held no press conferences in his first five years in power, instead carefully orchestrating media appearances and sometimes choosing Bollywood stars over experienced interviewers. The ruling party’s attack on and disdain for a strong and free press is also evident in the way it has attempted to muzzle critical media houses with supposed income tax raids and criminal prosecutions. 

The Supreme Court has stepped in to ensure the release of Kanojia, granting bail and saying “the right to liberty is sacrosanct and non-negotiable”. The institution’s firm handling of the issue has brought relief to his family and those 

despairing over the infringement of the right to free speech. But as the two Nation Live staff members remain imprisoned, focus remains on the disintegrating rule of law scenario that leads to such arrests in the first place.

India’s Constitution clearly protects the right to “freedom of speech and expression”. However while the country’s institutions, like its police forces and state governments remain weak and seemingly at the disposal of despotic politicians, journalists will remain a target.

Image: Prashant Kanojia is a freelance journalist based out of New Delhi. (Source: Facebook/Prashant Kanojia)