Despite the widespread criticism from various quarters, the Communist government in state of Kerala has passed the controversial Kerala Police Act Amendment ordinance, which makes expressing, publishing or disseminating any matter that is threatening, abusive, humiliating or defamatory a punishable offence with imprisonment for up to three years.
Last month, the state cabinet had decided to give more teeth to the Police Act by recommending the addition of Section 118-A. This replaces the now-defunct Section 66A of the Information Technology Act, which made posting ‘offensive’ comments online a punishable crime.
The addition stipulates either imprisonment for up to three years or a fine of up to Rs 10,000 or both to those who produce, publish or disseminate content through any means of communication with an intention to intimidate, insult or defame any person through social media.
“Whoever makes, expresses, publishes or disseminates through any kind of mode of communication, any matter or subject for threatening, abusing humiliating or defaming a person or class of persons, knowing it to be false and that causes injury to the mind, reputation or property of such person or class of persons or any other person in whom they interest shall on conviction, be punished with imprisonment for a term which may extend to three years or with fine which may extend to Rs 10,000 or with both," reads the new section 118 A.
While Section 66A (punishment for sending offensive messages through communication service) of the IT Act was a cognizable and non-bailable offence, the 118-A is a cognizable and bailable offence.
The amendment would give more power to the police and also curtail the freedom of the press.
Experts disagreed with Kerala’s move, and have cautioned against it.
When the Supreme Court struck down Section 66A of the IT Act and Section 118D of the Kerala Police Act, it held speech to a standard where advocacy is fine but incitement to violence is not. The communist led Kerala government would do well to not impose such draconian considerations on citizens, and learn from the mistakes they made with Section 118-D.
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