THIRUVANANTHAPURAM: The new law to silence media, which will be enforced by amending the Indian Penal Code (IPC) under the pretence of curbing hate speech through social media, is likely to pave way for police raj and chaos in the state.

The amendment, which was introduced two years ago in the name of controlling cyber attacks and later withdrawn due to strong criticism, will be reintroduced as a bill in a new form in the assembly session starting on December 5. The new provisions will be added as subsection 292(A) by amending Section 292 of the Indian Penal Code (IPC).

The amendment will be introduced under the guise of controlling social media. However, its true objective is to govern print, online, and visual media. There are already sections 499 and 500 of the IPC to file a defamation case. However, there should be a complainant for the police to register the case. According to the new amendment, the police can file a case voluntarily.

The police can file a case even if they feel that someone intends to defame anyone. There is no need for a complainant. A warrantless arrest law would lead to arbitrary police action.

Government's argument
The new law aims is to protect the personal freedom of the citizen and the dignity guaranteed by the constitution along with freedom of media.

Imprisonment of up to five years and fine applicable to social media as well

• The amendment to IPC 292-A makes it an offence to print, prepare for printing, display or distribute for public viewing in newspapers, periodicals, circulars and other publications any obscene, insulting or blackmailing content or image. These provisions also apply to social media.
• It is also an offence to use such images and content to threaten, transfer, make financial gain from, publish or advertise them. Such offences are punishable with imprisonment for two years or a fine or both. If the offence is repeated, the offender can be imprisoned for up to five years and fined up to ten thousand rupees or both.

Police can file case even if government is criticised

• Since it is a cognizable section where the police can voluntarily file a case, if anyone criticizes the government and administrators, the police can file a case considering it as defamation.
• Police are empowered to decide whether a piece of news, picture, opinion or speech is insulting or defamatory. Police can file a case even if allegations are made against the government.

President's approval is required

• Crime is the first item in the Concurrent List over which both the State and the Center have jurisdiction. Although the state has the power to bring amendments to the law, the assent of the President is required for the bill to become law.
• The President will approve the Bill after seeking the advice of the Central Government. The President had earlier approved the amendments to the laws of the states of Odisha and Tamil Nadu.