A Seminar Paper

On
Human Rights Issues Involved in Filing Case Against Reporters
Subject: Media Ethics
Submitted To: Rev Thomas Mathew Submitted By: Danies Wilson

Introduction
Among the many and wide-ranging threats to media freedom that have proliferated in
recent years is the mounting number of legal attacks on journalists and journalism, often used
to silence public interest reporting and exert control. An array of sweeping and repressive
legislative, regulatory, and other legal threats to journalists are stifling their ability to operate
freely and independently, with grave repercussions for the journalists themselves and for the
audiences they serve. Media freedom organizations have documented record numbers of
imprisoned reporters worldwide. A staggering 363 were jailed at the end of 2022, according to
the Committee to Protect Journalists (CPJ).1

1. Freedom of Press as Human Right

Freedom of the press is a human right that allows journalists and media to share information
and express ideas without being controlled or censored by the government or other powerful
groups. It helps ensure people have access to diverse and accurate information, which is
important for making informed decisions and maintaining a fair society. Under Freedom of
Expression, we can see two major things they are as follows:
1.1. Freedom of Expression
The constitution provides for freedom of expression, but it does not explicitly mention
freedom of the press. Individuals routinely criticized the government publicly and privately via
online platforms, television, radio, or in print media. The government generally respected
freedom of expression, but there were instances in which the government or actors considered
close to the government allegedly pressured or harassed media outlets critical of the
government, including through online trolling.
According to the Human Rights Watch World Report 2022, “Authorities continued to
intimidate and harass journalists and news outlets critical of the government through politically
motivated lawsuits and tax raids.2
1.2. Free Speech Under Attack
There have been other attacks on freedom of expression in India, affecting all citizens,
political and social activists, artists, filmmakers, writers, and also news reporters and
journalists. The end of the 2020 has also marked the rise of a highly polarized and partisan

1
Joel Simon, Carlos Lauria, and Ona Flores, Weaponizing the Law: Attacks on Media Freedom (London:
Thomson Reuters Foundation, 2023), 6.
2
INDIA 2022 HUMAN RIGHTS REPORT(PDF), 16.

1
media. It is in this context that Free Speech Collective undertook this analysis of a decade of
cases lodged against journalists or other forms of harassment and intimidation.3

2. Watchdog Function of Media

The watchdog function of the media refers to its role in monitoring and holding those in
power accountable. Just like a vigilant watchdog keeps an eye on things to ensure safety, the
media acts as a "watchdog" by investigating, reporting, and exposing wrongdoing, corruption,
and abuses of power in government, corporations, and other institutions. This helps to keep
these entities transparent, honest, and responsive to the public.
2.1. Definition of Watchdog Function
Watchdog journalism is a type of investigative reporting that aims to enhance openness and
responsibility among public figures and institutions. The term "watchdog" is linked to entities
that oversee adherence to regulations. For example, Liberties is called a ‘watchdog
organization’ because it monitors and publicizes government and business behaviour to make
sure that it’s respecting people’s human rights. 4
2.2. Purpose of Watchdog Journalism
Watchdog journalism plays a critical role in democracy. In order to be able to make right
choices at the polls, citizens must have an accurate understanding of what is happening in their
country. Are politicians playing by the rules, are public works free from embezzlement, are
lobbying interests having unfair influence on the legislative process—all of these are questions
watchdog journalists seek to answer.
Watchdog journalism protects democracy on a day-to-day basis, calling out bad behaviour
when it happens. And by informing citizens, it also helps to protect the integrity of elections
and the health of democracy in the long term. The very presence of watchdog journalism is
also a sign of a healthy democracy. When journalists are free to scrutinize politicians and
businesses, and free to publish their findings without influence or fear of reprisal, that means
the country has a strong and independent media. And it’s no coincidence that authoritarian-
minded leaders make investigative journalism a top target once in power. 5
2.3. Challenges of Watchdog Journalism
Watchdog journalists often keep a careful eye on the abuse of power. This makes them
people of particular importance within societies with authoritarian governments. Watchdog
journalists often deal with corruption and other dangerous activities and face many worries and
challenges. One of the report in the Global Investigative Journalism Network detailed many of
the problems faced by watchdog journalists and it read: “Obstacles include a fear of reprisal
for reporting on people in power, harassment, torture and death threats, journalists treated as
spies and terrorists, increased surveillance, lack of access to information, and a lack of financial

3
Geeta Seshu, “Behind Bars: Arrests and Detention of Journalists in India 2010-2020”(Free Speech Collective,
2021), 4.
4
European Liberties Platform, “What Is Watchdog Journalism,” Liberties.Eu, accessed August 8, 2023,
https://www.liberties.eu/en/stories/watchdog-journalism/43959.
5
“What Is Watchdog Journalism,” Liberties.Eu

2
support.” Even in areas where journalists’ safety is not as much of an issue, there are still
logistical issues regarding this particular type of investigative reporting.
Watchdog journalism often requires a significant amount of time and financial assistance
to complete. Unfortunately, these resources aren’t always readily available within the news
industry.6

3. Censorship or Content Restriction

Censorship, or content restriction, involves the control, suppression, or limitation of
information, communication, or creative expression by governments, authorities, institutions,
or other influential entities. This control manifests in various ways, such as regulating media
content, restricting internet access, banning books, censoring art, or suppressing political
dissent. Censorship raises critical concerns about freedom of expression, access to information,
and the ability of individuals and society to engage in open discourse and debate.
While proponents argue that censorship may be necessary to maintain public order or
national security, it remains a contentious issue, often criticized for its potential to infringe
upon fundamental human rights, notably freedom of speech and press freedom.
3.1. Restriction for Member of Press and Other Media, Including Online Media
Citizens generally enjoyed freedom of speech, but the government continued to restrict
content based on broad public and national interest provisions. On August 5, the government
stated that under the Information Technology Rules of 2021, it issued 94 directives to block
content to YouTube between December 2021 and April, five to Twitter, and three each to
Facebook and Instagram. In October, the government released new guidance related to the
Information Technology Rules of 2021.
Under these rules, tech companies are required to hire a grievance officer, content can be
subject to judicial review as “defamatory” or “libelous,” and tech companies are legally
obligated to prevent uploading of harmful or unlawful content. The government maintained a
monopoly on AM radio stations, limiting broadcasting to the state-owned All India Radio, and
restricted FM radio licenses to entertainment and educational content.7
3.2. Libel/Slander Laws
Libel and slander are criminal offenses. In July, media reported that the Maharashtra police
filed more than 600 cases of libel and slander in the last two years against social media users
for offensive religious content.
3.3. Non-Governmental Impact
An investigation by The Wire, an Indian nonprofit news and opinion website, found women
journalists, including Washington Post columnists Rana Ayyub and Barkha Dutt, NDTV’s
Nidhi Razdan, The Wire’s Rohini Singh, and others, were victims of online abuse through Tek

6
“What Is Watchdog Journalism? A Helpful Guide,” Become a Writer Today, accessed August 10, 2023,
https://becomeawritertoday.com/what-is-watchdog-journalism/.
7
INDIA 2022 HUMAN RIGHTS REPORTS(PDF), 19.

3
Fog, an app to engineer social media trends and conduct trolling campaigns. The investigation
report stated the app was used to target women and Muslims.8

4. The Unlawful Activities (Prevention) Act, 1987

In 1967, India enacted the Unlawful Activities (Prevention) Act (UAPA) of 1967 “to
provide for the more effective prevention of certain unlawful activities of individuals and
associations.” In 1985, the Government of India enacted the Terrorist and Disruptive Activities
(Prevention) Act, commonly known as TADA, as an Indian anti-terrorism law.
Because of its abuse, the TADA was allowed to lapse in 1995. and replaced by the
Prevention of Terrorism Act of 2002 which too was repealed with effect from 21.09.2004 after
the government of India brought amendment to the UAPA for dealing with “terrorist activities”
with effect from 21.9.2004.
The current BJP government enacted the Unlawful Activities (Prevention) Amendment Act
2019 to effect amendments to Chapter VI of the Act to include “individuals” with “Terrorist
Organisations”. It empowers the government to designate individuals as terrorists, merely if it
believes so, leaving little to no recourse for them to protest their designation.9
4.1. Case Studies
4.1.1. Arrest and Detention of Journalist Siddique Kappan in Uttar Pradesh
On 5 October 2020, Uttar Pradesh police arrested Siddique Kappan, a journalist from
Malappuram in Kerala, along with three others under Maant police station limits in Mathura
district of Uttar Pradesh. Kappan and three others identified as Atiq-ur- Rehman from Muzaffar
Nagar, Masood from Bahraich and Alam from Rampur in Uttar Pradesh, were heading towards
Hathras, where a young Dalit woman had died after being allegedly gang-raped in September
2020. The four were arrested after a laptop and some objectionable literature relating to ‘Justice
for Hathras Victim’ was allegedly recovered from their possession while they were en route to
Hathras.
According to police, the four were initially placed under preventive detention but an
FIR was registered under section 153-A of IPC (promoting enmity between two groups), 295A
of IPC (deliberate and malicious act intended to outrage feelings) 124 (A) (Sedition) beside
section 17 and 14 of Unlawful Activities (Prevention) Act 1967 and Sections 65, 72 and 76 of
Information Technology Act in Maant police station on 7 October 2020 and subsequently they
were presented before a court. The police alleged the four are linked with Popular Front of
India’s (PFI) student wing Campus Front of India (CFI) and were coming from Delhi and
moving towards Hathras in a car.
The UP government has maintained that there is a conspiracy to whip up caste and
communal violence in the state and the Hathras police are now investigating a conspiracy angle
in the case. The FIR blames them for attempting to incite riots in Hathras and fuelling caste
violence for which they were collecting donations through those working for website Carrd.co.
On 15 February 2020, the Supreme Court granted five-day interim bail to journalist Kappan to
visit Mallapuram, Kerala to his ailing 90-yearOld Mother. On 17 February 2021, Kappan was
8
INDIA 2022 HUMAN RIGHTS REPORT(PDF), 20.
9
Asian Centre for Human Rights, India’s UAPA : Jail, Not Bail, Is the Rule (New Delhi, Delhi: Asian Centre for
Human Rights, 2021). 17-18

4
flown to Kozhikode, Kerala where he met his ailing mother and other relatives, including his
wife and brought back to Mathura prison on 21 February.
In the chargesheet filed in September 2021, the Special Task Force claimed that
Siddique Kappan did not write like a “responsible journalist” and reported events to “incite
Muslims”. The police cited articles written by Siddique Kappan as evidence. The articles
include one on the Nizamuddin Markaz Mosque in Delhi, reports on anti-citizenship law
protests. The article also criticises the way the Delhi Police handled the protests.10
4.1.2. Arrest of editors Sadokpam Dhiren and Paojel Chaoba in Manipur
On 17 January 2021, Editor-in-Chief Sadokpam Dhiren and Executive Editor Paojel
Chaoba of The Frontier Manipur were arrested under Sections 124A (sedition), 120B (criminal
conspiracy), 505(b) (causing alarm to induce offence against the state), and 34 (common
intention) of the Indian Penal Code as well as Section 39 (supporting terror organisation) of the
Unlawful Activities (Prevention) Act for publication of an article on their online news portal.
The article, “Revolutionary Journey in a Mess,” was written by one the news portal’s
contributors M Joy Luwang. It was published on 8 January 2021. The two editors were released
on 18 January 2021 after they issued an apology addressed to the superintendent of police of
Imphal West district stating that the article was “unverified” and it was an “oversight” on their
part to have published it.
4.1.3. Arrest of Assistant Professor Abdul Bari Naik in Kashmir
On 5 March 2021, the Jammu and Kashmir police arrested Dr. Abdul Bari Naik, an assistant
professor at government Degree College Udhampur in Jammu and Kashmir under the UAPA
from the college itself. According to his brother Rauf Naik, an advocate, his brother was booked
and arrested in an old case lodged in Police Station Kulgam under FIR NO. 191/ 2018 U/S 153,
353, 13 under the UAPA and was kept in detention in Kulgam district.
The case relates to alleged pelting of stones at a group of armed forces after they entered
the premises of Government Degree College in Kulgam and fired tear smoke shells inside the
college premises in 2018. Dr. Bari was posted at the college at that time and he was booked for
“inciting violence” on the college campus by the Jammu Kashmir Police. In fact, it was Dr.
Bari who persuaded the students not to pelt stone and counselled them to always fight through
non-violent means.11

5. Human Rights Issues in Filing Case Against Reporters

Filing cases against reporters can raise human rights concerns, as it may impact freedom of
the press and individuals' rights to express opinions and share information. Some key issues
include:

10
India’s UAPA: Jail not Bail, Is the Rule, 50-51.
11
India’s UAPA: Jail not Bail, Is the Rule, 51-52.

5
 5.1. Freedom Of Expression
Filing cases against reporters might infringe upon their right to express opinions and share
information freely. This right is essential for a democratic society where diverse voices can be
heard.
5.2. Press Freedom
Press freedom is crucial for holding power accountable and ensuring a well-informed
public. Legal actions against reporters can deter investigative journalism and create a chilling
effect, limiting the media's ability to Fulfill its watchdog role.
5.3. Censorship
Legal actions could be seen as a form of censorship, stifling critical reporting and
preventing the public from accessing important information about government actions or
societal issues.
5.4. Challenges to Confidential Sources
Legal proceedings could compel journalists to reveal their sources, undermining the
confidentiality that is often crucial for investigative reporting.
5.5. Intimidation
Filing cases against reporters can intimidate journalists and media organizations, making
them hesitant to cover controversial topics or expose corruption for fear of legal repercussions.
5.6. Balancing Rights
Courts and legal systems need to carefully balance the right to a fair trial with the principles
of freedom of the press and expression, ensuring that one right does not unduly suppress the
other.

6. Protection Of Human Rights for Journalists and Media

Legal protections for human rights, specifically for journalists and the media, are essential
to ensure a free and vibrant press while upholding democratic values. Here are some key legal
safeguards:
6.1. Press Freedom Laws
Many countries have laws that explicitly protect press freedom, granting journalists the
right to report on public matters without facing undue restrictions or legal consequences.
6.2. Shield Laws
Some jurisdictions have shield laws that protect journalists from being compelled to reveal
their sources or provide unpublished materials in legal proceedings. These laws are crucial for
maintaining the confidentiality necessary for investigative reporting.

6
 6.3. Whistle-blower Protection
Legal frameworks that protect whistleblowers who disclose information about wrongdoing
or corruption are vital for both journalists and their sources to operate safely.
6.4. Anti SLAPP Laws
Anti-SLAPP (Strategic Lawsuit Against Public Participation) laws prevent the use of
frivolous or harassing lawsuits to silence journalists and media outlets that engage in public
interest reporting.
6.5. Defamation Laws
While defamation laws can protect individuals from false statements, they must be balanced
with protections for journalists reporting in the public interest and through responsible
journalism practices.
6.6. International Human Rights Agreements
International agreements such as the Universal Declaration of Human Rights and the
International Covenant on Civil and Political Rights emphasize the importance of protecting
freedom of expression and press freedom.

Evaluation and Conclusion

The seminar on "Human Rights Issues in Filing Cases Against Reporters" offered a
comprehensive examination of the intersection between press freedom and legal actions. It
began by emphasizing the importance of press freedom as a human right and explored how the
media functions as a watchdog. The discussion covered content restriction, with a focus on
censorship challenges.
The seminar delved into the implications of the "Unlawful Activities (Prevention) Act,
1967," using the case of Siddique Kappan's arrest in Hathras to illustrate potential rights
violations and two other Case Studies. It highlighted the delicate balance between human rights
and legal proceedings when cases involve journalists.
The presentation concluded by detailing legal protections for journalists and media.
Overall, the seminar underscored the need for a careful equilibrium between press freedom and
legal considerations, emphasizing the essential role of journalism in upholding democracy and
transparency.

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BIBLIOGRAPHY

Human Rights, Asian Centre for. India’s UAPA : Jail, Not Bail, Is the Rule. New Delhi,
Delhi: Asian Centre for Human Rights, 2021.

Platform, European Liberties. “What Is Watchdog Journalism.” Liberties.Eu. Last modified

January 17, 2022. Accessed August 8, 2023.
https://www.liberties.eu/en/stories/watchdog-journalism/43959.

Seshu, Geeta. “Behind Bars: Arrests and Detentions of Journalists in India 2010-2020.”
India: Free Speech Collective, 2021.

Simon, Joel, Carlos Lauria, and Ona Flores. Weaponizing the Law: Attacks on Media
Freedom. London, England: Thomson Reuters Foundation, 2023.

“What Is Watchdog Journalism? A Helpful Guide.” Become a Writer Today. Last modified
April 19, 2023. Accessed August 10, 2023. https://becomeawritertoday.com/what-is-
watchdog-journalism/.