[《Media freedom continued to deteriorate in the first quarter of 2018 in
India.

The first quarter of 2018 has seen three killings and 13 attacks on
journalists, defamation cases that came to trial, a sedition case against a
journalist and a clear push by both state and central government and the
judiciary, through regulatory policy as well as judicial orders, to curb
free speech. There were also around 50 instances of censorship, and more
than 20 instances of suspension of Internet services, as well as the take
down of online content.》]

http://thehoot.org/research/special-reports/journalists-remain-in-the-cross-hairs-10616

Journalists remain in the cross hairs
BY GEETA SESHU| IN SPECIAL REPORTS | 02/05/2018
Free Speech in 2018: Murder, violence, threats, gags, and policy clampdowns
– that’s how the year started.
GEETA SESHU on media freedom in 2018
dailyhunt.in


PRESS FREEDOM AND FREE SPEECH IN 2018



Media freedom continued to deteriorate in the first quarter of 2018 in
India.

The first quarter of 2018 has seen three killings and 13 attacks on
journalists, defamation cases that came to trial, a sedition case against a
journalist and a clear push by both state and central government and the
judiciary, through regulatory policy as well as judicial orders, to curb
free speech.  There were also around 50 instances of censorship, and more
than 20 instances of suspension of Internet services, as well as  the take
down of online content.

Category

No. of instances

Murders

03

Attacks

13

Arrests/Detention

03

Threats

05

Sedition

01

Defamation

07

Censorship

50

Govt policy (State & Centre)

08

Judicial orders

02

Privacy related

06

Contempt case

02



Journalists continued to be vulnerable.

The Hoot’s 2017 report had documented the murder of three journalists which
could be clearly linked to their journalism.  In the first four months of
2018 as well, three journalists were killed in connection with their
reporting, judging by  what initial investigations show.







For 2017 we had documented 46 attacks on journalists and media workers.
Between January and April 2018, there have been 13 already all across the
country, three of them in West Bengal.



Killings

In two separate incidents, three journalists were killed when they were
mowed down by vehicles. On March 26, two Dainik Bhaskar journalists, Navin
Nishchal and Vijay Singh, were killed when their bike was hit by an SUV in
Bhojpur, near Patna, Bihar. Police said the vehicle was driven by a
villager leader Mohammad Harsu. He was arrested. Initial reports said that
a heated argument between Harsu, husband of a former panchayat mukhia, and
the reporters over a news report had preceded the accident. However, the
investigation is not complete.

A day later, a television reporter Sandeep Sharma was mowed down by a truck
in Bhind, Madhya Pradesh. Sharma, who had done a sting operation on a sand
mining mafia in Bhind, had told police that he had received threats to his
life.  The driver, Ranvir Singh, was arrested.



The suspects

Village head and relatives

2

Sand mining mafia

1



A Hoot investigation of the state of media freedom from January 1 to April
30, 2018, reveals that a range of actors,  from politicians,
businesspersons, members of Hindu right wing organisations, the police and
paramilitary forces, government agencies like the film certification board,
the Union Information and Broadcasting Ministry, different state
governments, lawyers and even media organisations, have acted to undermine
freedom of expression.



Attacks

There were 14 attacks on journalists in the first quarter of the year. In
five of these instances, there were targeted attacks against journalists
investigating or writing about an issue. In at least ten instances, the
perpetrators were either members of Hindu right wing organisations or the
police. An unidentified assailant hurled a petrol bomb at the residence of
Shillong Times Editor, Patricia Mukhim. The latter said that she was
targeted for a range of writings about issues that troubled society. Her
most recent articles criticized rampant and illegal mining in Meghalaya.

Perpetrators of other targeted attacks included the timber mafia. Mob
violence was sponsored by party workers of both the BJP and the Trinamool
Congress, Hindu extremists and the police. In one instance, the Delhi
police molested a woman journalist covering a student protest. They later
apologized, stating that they mistook her for a student!.



Jan 1, 2018 , Mumbai, Maharashtra : Protesters snatch Republic TV reporter
Shravan Sen's camera
Jan 7, 2018, Ahmedabad, Gujarat: A Facebook post by Damayantee Dhar who
reports for Th
Jan 1, 2018 , Mumbai, Maharashtra : Protesters snatch Republic TV reporter
Shravan Sen's camera
Jan 7, 2018, Ahmedabad, Gujarat: A Facebook post by Damayantee Dhar who
reports for The Wire records an attack on herself and another reporter from
the Ahmedabad Mirror on January 7 by a "mob of 15-20 dalit men" headed by
Keval Rathod.
Jan 23, 2018, Athiabari, Meghalaya: Timber mafia attack journalist Biplab
Dey
January 31, 2018, Meerut,Uttar Pradesh: Journalist assaulted by mob of
Hindu Yuva Vahini activists
Feb 14, 2018, Kolkata, West Bengal: Senior journalist Navalkant Sinha
assaulted by Hindu Samhati Workers in Kolkata
Feb 22, 2018, Vijayawada, Andhra Pradesh : Payment scuffle, hostel
management attack student and Journalists of a news channel
 Wire records an attack on herself and another reporter from the Ahmedabad
Mirror on January 7 by a "mob of 15-20 dalit men" headed by Keval Rathod
Jan 23, 2018, Athiabari, Meghalaya: Timber mafia attack journalist Biplab
Dey
January 31, 2018, Meerut,Uttar Pradesh: Journalist assaulted by mob of
Hindu Yuva Vahini activists
Feb 14, 2018, Kolkata, West Bengal: Senior journalist Navalkant Sinha
assaulted by Hindu Samhati Workers in Kolkata
Feb 22, 2018, Vijayawada, Andhra Pradesh : Payment scuffle, hostel
management attack student and Journalists of a news channel
March 10, 2018, Assam-Mizoram border:  Assam police thrashes Mizo
journalists. Emmy Lawbei, journalist with a television channel, was
mercilessly beaten up by the police though she showed her identity card to
them.
March 24, 2018, New Delhi: Delhi Police Officer molests Female Journalist;
Police said they mistook her to be a student.
March 25, 2018, Malappuram, Kerala:  journalist N C Shareef, was
mercilessly beaten up locked up and assaulted by the Areekode police.
Police claimed they didn’t know he was a reporter
April 1, 2018, Khowai District:  Tripura TV journalist Anup Debbarma,
severely assaulted by a BJP worker
April 8, 2018, Kavinagar, Ghaziabad: TV journalist Anuj Chawdhary shot
outside his home, by by sharpshooters allegedly working for Shekhar
Chaudhary , a former local councillor charged with the murder of BJP leader
Brijpal Teotia
April 9, 2018, Alipore, West Bengal : Photojournalist Diplab Mondal
Covering Bengal Panchayat Poll Violence Alleges Assault by TMC Goons
April 17, 2018, Umpling, Meghalaya: Petrol bomb attack on residence of
Shillong Times editor Patricia Mukhim
April 20, 2018, Siliguri, West Bengal: TMC workers assault journalists when
they went to Chayanpara in Siliguri to cover a scuffle between workers from
TMC and the Bharatiya Janata Party (BJP).


The Attackers

Delhi police

01

Hindu right wing orgns.

02

TMC workers

02

Unidentified assailants

02

Owners of private hostel

01

Assam Police

01

Kerala police

01

BJP workers

01


Dalit lawyer, activists

01

Timber gang

01

Total

13



Threats and harassment

Journalists were at the receiving end of threats from those identified as
members of Hindu right wing organisations in three out of five instances.
In another, a television journalist received death threats from
unidentified persons following the channel’s coverage of the Kasganj
violence. In one instance, personnel of the CRPF accosted a tribal
journalist in Dantewada, Chhattisgarh.

In serious cases of online harassment, intimidation and death threats,
journalists were trolled and their personal details shared on social media.
A woman journalist found that her Twitter account was compromised by fake
messages and morphed pictures were circulated. Journalists filed police
complaints but no arrests have been made.



Threats and harassment

CRPF

01

Unidentified persons

02

Temple trust office-bearers

01

RSS workers

01

Hindu right wing

01

BJP leader

01

Lawyer

01

BJP supporters

01

Total

09

(CRPF: Central Reserve Police Force)



Arrests and detentions



While journalists in the field were subjected to mob attacks, others were
picked up by police when they went to cover protests, as in the case of two
journalists from Kerala reporting on a 'caste' wall in a village. While
restrictions on foreign media continued with the denial of  visas to
Australian journalists who had earlier done a story related to Gautam
Adani, two foreign journalists were detained by Kerala police for covering
a Valentines's Day celebration in a college. Other instances of arrests and
detentions were for social media posts that satirized or were critical of
politicians and political leaders. In Chennai the Central Crime Branch
(CCB) on April 27 arrested a person who allegedly posted derogatory
statement on Facebook against Electricity Minister P. Thangamani.

Arrests and detention

Kerala police

02

Assam police

01

Goa police

01

Central Crime Branch in Chennai

01



As protests raged over the rape of minors and violence against marginalized
communities, dalits, students, the climate for free speech reflected both a
menacing intolerance for dissenting viewpoints and a crackdown on civil
rights. Apart from the dangerous attacks on journalists, others were
harassed and their personal details shared online, they were threatened and
became victims of fake news as hate messages attributed to them went viral.

The judiciary, hitherto a reassuring protector of free speech, sent mixed
signals as different courts ordered gags on media coverage, fined and
penalized media houses for violating the law on disclosure of the identity
of minor victims of sexual assault and took up petitions alleging contempt
of court.

In February, in a written reply to a question in the Rajya Sabha, Union
Minister of State for Home Hansraj Ahir said that in 2017, there were 15
attacks on journalists in which 26 people were arrested. Between 2015-17,
there were 90 attacks on journalists and 108 people were arrested, the
minister said, referring to data compiled by the National Crime Records
Bureau (NCRB) for the last three years.

The figures are at complete variance with The Hoot’s own research as the
‘THE INDIA FREEDOM REPORT: Media Freedom and Freedom of Expression in 2017’
recorded a verified number of 46 attacks on journalists.The minister also
said that the Home Ministry has no information on whether any organisation
or organisations were responsible for the attacks on media persons.

But, as the above findings of The Hoot show, the perpetrators are only too
well known.



Sedition

On April 30, journalist Kamal Shukla was charged with sedition by the
Katwali police station in Chhattisgarh’s Kanker district for sharing a
cartoon on social media on the rape of a minor girl in Kathua in Jammu and
Kashmir, allegedly lampooning the country’s judiciary and government on
Facebook.

Shukla, editor of Bhumkaal Samachar and active in highlighting fake
encounters in the area, is also head of the Patrakar Suraksha Kanoon
Sanyukt Sangharsh Samiti which has campaigned for a law to protect
journalists. He was booked for sedition on the basis of a complaint filed
by a Rajasthan resident.



Defamation

Proceedings continued in five cases of defamation even as gags on the
publication of the news reports were lifted in two cases - that of Jay Amit
Shah against The Wire and that of Arindam Chaudhari against Caravan
magazine. In the case of Rising Kashmir editor Shujaat Bukhari against
Manushi editor and commentator Madhu Kishwar, the case went to trial.

A defamation case was filed by Fatima Nafees, mother of Jawaharlal Nehru
University student Najeeb Ahmed, who has been missing since October 2016,
against certain media houses for labelling her son an “ISIS sympathizer.

In another case, Congress leader Jagdish Tytler threatened to file a
criminal defamation case against the creators of a sting video that
purportedly linked him to the 1984 anti-Sikh riots. Tytler, who said his
images were morphed, submitted a memorandum to the Home Ministry stating
that he has registered a police complaint.



Policy curbs and censorship

Amidst these attacks, the Union and state governments announced policies
that would curb media freedom

The most active censoring agency was clearly the Ministry of Information
and Broadcasting (I&B), which announced several policy measures (and rolled
back only one) to monitor the content of print, broadcast and online media.

In January, it announced that it has widened the ambit of district
monitoring committees to cover the monitoring of content of private FM
channels and Community Radio Stations (CRS) in addition to TV channels.

In April, the I&B Ministry announced fresh guidelines for penal action
against accredited journalists who spread fake news but this sparked a
furore and was withdrawn within 24 hours. However, it was followed up with
the setting up of a committee comprising bureaucrats and members of the
Press Council of India and the News Broadcasters Standards Authority to
regulate online content.

Reports that the Ministry planned to radio-tag journalists who visited
government offices were denied by the Ministry, but the news website which
reported this stood by its report.



Censorship

Censorship of news, broadcast, online media and film continued unabated.
There were more than nine instances of news being censored, including curbs
on news-gathering itself by various state governments and the Centre. These
included restrictions on the movement of journalists in government offices
and the legislative assemblies, threats of penal action for news that
allegedly contained ‘harsh words’ and even ostensible guidelines from the
National Investigation Authority on the duties of a journalist!



Censorship

Censorship – Film

26

Censorship – News

16

Censorship – Music

06

Censorship- Online media

03

Censorship –Broadcast

02

Censorship-Art

01



More than 20 films ran into trouble with the Central Board of Film
Certification (CBFC) while news was censored nine times. Both feature films
and documentaries continued to languish between the CBFC, the Film
Certification Appellate Tribunal (FCAT) and the courts.

Even court orders certifying films for commercial release and a name change
did not ensure safe passage, as in the case of Padmavat, where members of
the Rajput Karni Sena managed to get the governments of Rajasthan, Madhya
Pradesh and Gujarat to ban the film in these states. The producer of the
film Unfreedom chose to exhibit his film on an online video streaming
platform to circumvent the censorship when his film was denied a
certificate by the CBFC.



Who censored films

CBFC

22

Rajput KarniSena

02

MIB

01

Telangana government

01

Lawyers

01

MIFF

01

BJP Minister

01

SGPC

01

Total

29



Who censored news

MIB

01

Telangana government

01

Delhi High Court

01

District Magistrate, UP

01

NIA

01

Goa police

01

Former judge

01

MLA and Dalit activist/ journalists (Chennai)

01

Total

09



Who censored broadcasts

MIB

01

Total

01



Who censored online media

Media House

01

*Congress-I

01

*Reliance Industries

01

Total

03

(*No official confirmation)



Who censored music

Punjab government

01

Chennai police

01

Hindu Right wing religious groups

01

Muslim social organization

01

Lawyers

01

Total

05



Singer Sona Mohapatra filed a written application at Santacruz police
station late on April 30, stating that she received a threat allegedly from
Madariya Sufi Foundation, asking her to remove a new music video from all
communication mediums for being “vulgar, hurting and insulting Islamic
religious sentiments.”

Other censorship included the take down of content allegedly satirizing the
speech of the son of Reliance Industries Chairperson Mukesh Ambani from
online news sites, the takedown of videos of Congress-I President Rahul
Gandhi and the termination of the services of a journalist for tweeting
about fake news spread by the media house.

However, an order by the NBSA to Zee Television to apologise for, and take
down, a video of a programme calling scientist and poet Gauhar Raza
anti-national has not been complied with, marking yet another setback to
media freedom.



Internet shutdowns

The Internet continued to be at the mercy of local district administrations
and state governments, as internet services were suspended for varying
periods due to protests or the outbreak of violence in 25 instances, seven
of which were in Jammu and Kashmir.

The most absurd of the shutdowns was in Srinagar when the authorities
suspended internet services over rumours that Pakistani cricketer Shahid
Afridi would address a gathering at the Jama Masjid.

Rajasthan and Uttar Pradesh, with four instances each, recorded internet
shutdowns as district administrations suspended internet services during
the nationwide bandh called by dalit organisations against the Supreme
Court's ruling on the Scheduled Castes and Tribes (Prevention of
Atrocities) Act. In West Bengal, internet services were suspended following
violence during the Ram Navami celebrations.



Internet related censorship

Internet shutdowns

22

Internet takedowns

02

Internet related arrests

05

Total

29



Internet shutdowns continued to be imposed through Section 144 as a law and
order measure.



Internet Shutdowns

Sr No

Date

State

Agencies

Reason given by authorities

1

Dec 31, 2017-Jan 2, 2018

Rajasthan

Kota district administration

Hindu Mahasabha call to perform puja on January 1 at a cenotaph situated
onTiger Hill over Jait Sagar Lake, Bundi city

2

Jan 3, 2018

Aurangabad, Maharashtra

Maharashtra state Home department

Violence after Bhima-Koregaon

3

Jan 4, 2018

Kolhapur,Maharashtra,

Kolhapur acting district collector Nandakumar Katkar

Violence after Bhima-Koregaon

4

Jan 8,2018

Badgam,Jammu and Kashmir

J & K government

Security reasons after encounter between government forces and militants in
Chadoora area of district Badgam

5

Jan 9-11, 2018

Anantnag, Jammu and Kashmir

J & K government

Shutdown and protests in Anantnag and Kulgam over militant and civilian
killings

6

January 24,2018

Shopian, Jammu and Kashmir

J & K government

Protests following killing of two militants and a teenage boy in Chaigund
village of south Kashmir’s Shopian district.

7

Jan 25-26

Entire Kashmir valley

J & K government

Pre-Republic Day security measures. Normal practice to suspend internet
services on R-Day and August 15, but this is the first time these services
were withdrawn a day earlier.

8

January 28,2018

Kasganj, Uttar Pradesh

R P Singh, Kasganj District Magistrate

Citing ‘communally charged atmosphere’

9

February 10,2018

Parts of Rajasthan

District officials

Internet services were suspended to check "rumour-mongering"

10

February 10, 2018

Bhopal, Madhya Pradesh

District officials

Internet services were suspended to check "rumour-mongering"

11

Feb 10-11, 2018

Firozabad, Uttar Pradesh

District officials

Bharat bandh call by caste-based groups reservation in education and jobs,
following nationawide protest by dalit groups  against the alleged dilution
of the SC/ST (Prevention of Atrocities) Act by the Supreme Court

12

February 18,2018

Tonk, Rajasthan

Additional district magistrate, Lokesh Kumar Gautam

Clash between two communities

13

March 1,2018

Bandipur, Uttar Pradesh




14

March 20,2018

Bhagalpur/ Banka, Bihar

District administration

Group clashes in neighbouring Nathnagar, resulted in discontinuance of
internet services in Banka

15

20-Mar, 2018

Sagar, Madhya Pradesh

District Collector Alok Kumar Singh, Bhagalpur

Following communal tension after posting of offensive content online.

16

March 29th, 2018

Bundi, Rajasthan

District Collector

Internet services were shutdown in Bundi city amid fears of communal
tension, on the 30th of March after 8 pm ahead of Hanuman Jayanti
celebrations.

17

March 31st, 2018

Kolkata, West Bengal

Kolkata Police

Clashes after Ram Navmi celebrations

18

April 2, 2018

Alwar, Jaipur, Bharatpur and Barmer, Rajasthan

Rajasthan Police

Violence and death of one person in firing in Rajasthan's Alwar city due to
the ongoing Bharat Bandh.

18

April 2, 2018

Chandigarh, Punjab

Punjab State Government

Mobile Internet services suspended to control rumour-mongering ahead of the
protests for a Bharat Bandh

19

April 3,2018

Meerut, Uttar Pradesh

Uttar Pradesh district administration

Internet service suspended as a precautionary measure, following the
violent protests against Supreme Court's ruling on SC/ST Act.

20

April 3,2018

Some districts of Rajasthan

Rajasthan Police

Violent protests against Supreme Court's ruling on SC/ST Act.

21

April 10,2018

Firozabad, Uttar Pradesh

District administration

Violence after Bharat Bandh call

22

April 11,2018

Kulgam, Jammu and Kashmir

J & K government

Closure of all schools and colleges in Kulgam and suspension of Internet
services in south Kashmir areas.

23

April 15,2018

Phagwara, Punjab

Punjab government

All mobile internet services, SMS services and dongle services in
territorial jurisdiction of Kapurthala, Jalandhar, Hoshiarpur and SBS Nagar
districts suspended.

24

April 20,2018

Srinagar, J&K

J & K government

Apprehension of violence following rumour of Pak cricketer Shahid Afridi's
address at Jama Masjid

25

April 20,2018

Rajouri, J&K

J & K government

Apprehension of violence after death of youth in suspicious circumstances



Apart from fears of regulation of online content, a Citizen Lab-Indian
Express study revealed that websites of a range of groups, including human
rights groups, NGOs, feminist groups and LGBT groups had been blocked with
Netsweeper software.

The firm filtered content for ISPs in ten countries and at least 12 ISPs in
India utilized its services. ‘A testing period between August 2017 and
April 2018 saw “the highest number of blocked unique URLS” - 1,158 out of
2,464 - in India,’ the report said.



Privacy, Aadhar, Surveillance

In a blatant move to curb any further investigations into the misuse of
Aadhar, the Unique Identification Authority of India (UIDAI) filed an FIR
against the reporter and editor of The Tribune newspaper for their reports
on the Aadhaar data leak reports. In the midst of concerns over Cambridge
Analytica and Facebook’s breach of data, the Indian Government issued two
notices to the two companies and given them time till May 10 to furnish a
reply.

However, the government’s own surveillance of citizens is still a matter of
concern. In March, the Information & Broadcasting Ministry wrote to the
Telecom Regulatory Authority of India (TRAI) to get all Direct To Home
(DTH) operators to install a chip in new set-top boxes, which can give data
about channels watched by the viewers and their duration.



Judicial orders

While the Bombay High Court lifted the gag on media coverage of the
Sohrabuddin killing trial, the Delhi Hig h Court imposed a ban on media
coverage of the bribery case of former district judge I. M. Quddussi. The
Delhi High Court also took up suo moto notice of the disclosure of the
identity of child victims of sexual assault by media houses, imposed a Rs 1
lakh penalty on 13 prominent media houses, and issued notices to other
websites.

In the wake of the Loya judgement, though not expressly stated as such, the
Supreme Court allowed a writ seeking contempt of court proceedings against
comments or opinions expressed in the media allegedly critical of its
judgements.



In favour of media freedom

Despite the ominous number and range of attacks on media freedom, the
ongoing struggle to resist these curbs does yield results. In April, an
injunction on the publication of a book on yoga guru and businessperson
Baba Ramdev by Priyanka Pathak-Narain and published by Juggernaut Books was
lifted by a district court in Delhi.

In January, the Bombay High Court lifted a gag order on media coverage of
the Sohrabbudin trial following a petition filed by nine journalists and
the Brihanmumbai Union of Journalists.



Raw data can be  found here:
https://docs.google.com/spreadsheets/d/1f4eCUYZB8P2Y3b40jtYbD_SbCuW1sG0z69ZO4dmaCQI/edit?usp=sharing



Report Author: Geeta Seshu

 Research: Geeta Seshu with:

Anushka Jain,

Mignon Mascarenhas,

Srishti Patnaik,

Viraj Gaur and

Yash Agarwal

of the Symbiosis Institute of Media and Communication


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