The President of India, as recent reports suggest, has signed and approved the Maharashtra Media Persons and Media Institutions (Prevention of Violence and Damage or Loss to Property) Bill, 2017. This noteworthy development makes Maharashtra the first Indian state to enact legislation that provides protection for journalists.
Key Provisions Detailed
Under the new legislation, violent attacks on media personnel are considered non-bailable offenses. The law provides authority for a police officer to arrest suspected offenders without requiring a warrant and initiate an investigation without requiring court permission.
Anyone found guilty of committing or even attempting to commit acts of violence against journalists or media houses can be penalised with imprisonment terms of up to three years, or with a fine amounting to Rs 50,000 or in some cases, a combination of both.
The law defines a media institution as any registered newspaper organization, news channel, news-based electronic outlet, or news station establishment. A ‘media person’ under this law is defined as someone whose primary occupation is that of a journalist and who is employed as a journalist, whether on full-time basis or as a contract worker.
Investigations into any offences committed against media persons will be led by a police officer who holds a rank equivalent to or above that of a Deputy Superintendent of Police.
The law also provides provisions for the assailants to reimburse the medical expenditure incurred by the media persons during the attack. Additionally, an offender could also be liable to pay compensation for any damage or loss caused to the property of the media person or the media house, as determined by the court.
The Urgency of the Act
| Date | Incident |
|---|---|
| 2017 | Bengaluru-based journalist Gauri Lankesh was shot dead. |
| 2019 | India ranks 140th out of 180 countries in the World Press Freedom Index released by ‘Reporters Without Borders’. |
Significance of the Legislation
The freshly approved act is a leap forward in ensuring the safety of journalists and protecting freedom of speech and expression. It also supports the implementation of the “Safety and Security of Journalists” advisory issued in 2017 by the Ministry of Home Affairs.
The Ministry issued the advisory in response to the shocking murder of Bengaluru-based journalist Gauri Lankesh. The act is also expected to help improve India’s standing in the World Press Freedom Index where it currently holds the 140th position out of 180 countries surveyed by the organization ‘Reporters Without Borders’.
The report states that violence against journalists, including police brutality, attacks by Maoist fighters and reprisals by criminal groups or corrupt politicians, are among the most striking characteristics of the State of press freedom in India.