http://scroll.in/article/822940/the-bjps-head-of-information-technology-just-issued-a-warning-to-every-journalist-in-the-country

OPINION

The BJP’s head of information technology just issued a warning to
every journalist in the country

Tweeting about the conviction of a Karnataka journalist in a
defamation suit, Amit Malviya said ominously, 'Hope other journos take
note.'

Nov 30, 2016 · 06:30 pm
Updated Nov 30, 2016 · 07:21 pm

Keshava Guha

Amit Malviya is a name that most readers, political junkies aside, are
unlikely to be familiar with. But the banker-turned-political worker
is one of the most influential figures in our public discourse. As the
Bharatiya Janata Party’s national head of Information Technology, he
directs the ruling party’s digital strategy, one that deploys hundreds
of social media influencers and tens of thousands of (often anonymous)
supporters to aggressively defend the government and attack its
critics.

Malviya leads by example. On Twitter and in television debates, his
rhetoric is pugnacious and often ad hominem. He responds to criticism
of the government by impugning the motives of the critic. And
Malviya’s words matter, which is why a tweet that he issued on Tuesday
ought to alarm anyone who believes in the freedom of the press.

 Follow
 Amit Malviya ✔ @malviyamit
Prahlad Joshi, BJP MP from Dharwad, gets Gouri Lankesh convicted in a
defamation case.
http://www.newindianexpress.com/states/karnataka/2016/nov/28/senior-journalist-gauri-lankesh-convicted-in-defamation-case-1543492.html
… Hope other journos take note.
4:17 PM - 29 Nov 2016
Photo published for Senior journalist Gauri Lankesh convicted in defamation case
Senior journalist Gauri Lankesh convicted in defamation case
Joshi and BJP leader Umesh Dushi had filed separate defamation cases
objecting to a report against BJP leaders published by Lankesh in her
periodical on January 23, 2008.
newindianexpress.com
  352 352 Retweets   284 284 likes
Gouri Lankesh is a veteran editor and columnist in both Kannada and
English. Although convicted on Monday by a Karnataka magistrate of
criminally defaming two BJP leaders and sentenced to six months’
imprisonment, she has been granted bail and will appeal to a higher
court.

Malviya’s tweet bears only one interpretation: it is a warning, and
one that appears to have been issued thoughtfully and deliberately.
The statement that journalists should “take note” – a euphemism here
for “watch out” – is a message to journalists that if they fall afoul
of the government or ruling party, serious consequences may follow.

In addition, there are implicit congratulations to the Member of
Parliament who filed the defamation case against Lankesh for
“get[ting] Gouri Lankesh convicted”, thus showing the proper way to
deal with inconvenient journalists.

Contempt for press freedom
Malviya may hold no government post, but his threat is far from an
empty one. It is further evidence of the BJP’s utter contempt for
journalists and for press freedom, a contempt matched by only one
previous Union government, that of Indira Gandhi. All governments,
beginning with Jawaharlal Nehru’s, which, in 1951, introduced the
First Amendment to the Constitution allowing “reasonable restrictions”
on the freedom of speech, have opposed full press freedom, but only
two have shown no regard whatsoever for this basic right.

The BJP’s lack of regard for journalists and their rights is expressed
in various ways. On social media, it takes the form of epithets such
as presstitute or paid journo. Party president Amit Shah and
Information and Information and Broadcasting Minister Venkaiah Naidu
have argued that press freedom cannot be used to challenge nationalism
or “the nation’s interest”. Naidu’s ministry was also responsible for
the one-day ban on NDTV India that was later kept in abeyance.

One of the most enduring and least-remarked upon threats to the
freedom of expression in India comes from state governments across the
political spectrum that use the threat and actual imposition of
criminal cases to intimidate or punish critical journalists or,
increasingly, private citizens.

Only two weeks ago, the Madhya Pradesh government arrested a
19-year-old student for social media posts that were critical of the
chief minister.

For the most part, Union governments have had a better record in this
regard, which is why a statement like this from a national political
figure like Malviya is so worrying.

Freedom of speech
Lankesh’s conviction comes on the heels of a Supreme Court judgment in
May that emboldens vindictive politicians at the expense of press
freedom. In Subramanian Swamy vs Union of India, the court upheld
Section 499 of the Indian Penal Code, which criminalises defamation, a
judgment that ran counter to a global trend against treating
defamation as a criminal matter. Criminal defamation has long been a
favourite tool of revenge, used to target both journalists and
political opponents. Malviya’s tweet shows how dangerous that judgment
was – the law, instead of protecting the rights of journalists as it
ought to in any liberal democracy, instead becomes a licence for the
harassment and intimidation of the press.

To be sure, politicians and the police can be creative in their use or
misuse of statute. The Supreme Court’s landmark judgment in Shreya
Singhal vs Union of India, which struck down Section 66A of the
Information Technology Act as unconstitutional, has not ended the
persecution of online speech. But a judgment in favour of free speech
in Swamy – ironically, the petitioner seeking to decriminalise
defamation is a BJP leader– would have meaningfully constricted
politicians in their attempts to deter critical or independent
journalists.

Comparisons with the Emergency
The BJP’s contempt for press freedom has not expressed itself in
anything like the censorship of the Emergency. Emergency was imposed
on a country with no digital media, and state control of the airwaves
– print was the sole arena of censorship. But the fact that the
Emergency itself is unlikely to be repeated should not blind us to
disturbing parallels, or enable complacency about the present
situation. Then, as now, legitimate criticism of government policy was
branded anti-national.

Then, as now, pro-government journalists either watch silently as
their colleagues’ rights are trampled upon, or even cheer on the
assault.

BJP leader LK Advani famously remarked that the Press, during the
Emergency, was asked to bend and chose to crawl. Forty years later,
the play is being re-enacted with roles reversed. Pro-government
voices, from the television channels Times Now and Zee News to the
magazine Swarajya and columnists such as Swapan Dasgupta, refuse to
defend the principle of press freedom. Many journalists even use the
term presstitute against their own colleagues.

No pro-government journalist has come forward to condemn or even
mildly rebuke Malviya’s warning to the country’s entire press corps.
For the freedom of the press to be protected, journalists must stand
united in its defence. Not since the Emergency have we been so far
from achieving this unity.



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Peace Is Doable

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