A set of new laws introduced in Jammu and Kashmir could lead to the prosecution of individuals and media outlets if their complaints against the local administration or government officials are deemed false, frivolous, anonymous, or pseudonymous, which is viewed as another layer of restriction on media freedom, according to The Wire.
The administration’s move, while framed as a measure to protect public servants from harassment, is seen by many as a significant threat to media freedom and transparency in Jammu and Kashmir. The effect on journalists and activists is anticipated to stifle dissent and limit the flow of information, exacerbating the already tense relationship between the press and the administration in the region.
This initiative, detailed in a recent circular (No 14-JK(GAD) of 2024) from the General Administration Department (GAD), includes potential penalties such as the withdrawal of government advertisements and the cancellation of journalists' accreditation.
The administration's circular emphasizes prosecuting individuals who lodge "false, frivolous, anonymous, or pseudonymous complaints" against local government officials. These complaints, if deemed baseless, will lead to legal action under Section 182 of the Indian Penal Code, which punishes false statements made to public servants with up to six months in prison, a fine of ₹1,000, or both. The J&K Police's crime branch is tasked with prosecuting such cases, indicating a robust enforcement mechanism.
The circular outlines that inquiries will be conducted into complaints against officials that surface in the media. However, the specifics of these inquiry teams remain undisclosed, raising concerns about transparency.
The administration has warned of consequences for those found complicit, including notifying the Press Council of India and implementing measures such as revoking press accreditation and halting government advertisement funds.
Local journalists and editors in Jammu and Kashmir have voiced significant concerns about this circular, viewing it as another layer of restriction following the abrogation of Article 370 in 2019. The new measures could severely impact the freedom of the press, already under strain, by making journalists hesitant to publish complaints against officials due to potential repercussions.
Transparency activists have also criticized the circular, accusing the administration of shielding corrupt officials under the guise of protecting them from false complaints. They argue that this move undermines the fundamental rights of citizens and the press, as enshrined in Article 19 of the Indian Constitution, which guarantees freedom of speech and expression.
In defence of the circular, the J&K administration has cited an increase in the number of complaints against officials, many of which have been found meritless upon verification. According to the administration, such baseless complaints cause unwarranted harassment to public servants, hindering their decision-making capabilities and affecting the efficiency of government operations.
The circular also references Section 195(1)(a) of the Code of Criminal Procedure (CrPC) 1973, stipulating that courts cannot take cognizance of offenses related to the non-compliance of legal orders unless a formal complaint is filed by a public servant. This provision aims to protect officials from frivolous legal actions.
The new regulations come amidst reports that a group of individuals, including former government employees, have been systematically filing fake complaints to harass and blackmail officials. Over 7,000 complaints have been verified as false in the past six months alone, according to the Press Trust of India.