Modi retracts ‘fake news’ diktat after backlash

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Journalists in India just ducked a sinister attempt by Prime Minister Narendra Modi’s government to muzzle the voice of free media under the garb of bringing a controversial new regulation to curb the growing menace of “fake news”.

The Indian Prime Minister on Tuesday reversed an order that threatened to cancel accreditation of journalists spreading “fake news”, less than 24 hours after it was issued amid widespread outcry over the perceived crackdown on the press.

The original order by India’s information and broadcasting ministry was seen by most journalists across India as a veiled bid by the government to silence the dissenting voices in the media.

"PIB (Press Information Bureau) press release titled 'Guidelines for Accreditation of Journalists amended to regulate Fake News' issued on 02 April 2018 stands withdrawn," the information and broadcasting ministry said in a statement on Tuesday.

A screenshot of the statement from India's information and broadcasting ministry withdrawing its previous order. /Photo via Indian government's Press Information Bureau

While the Editors Guild of India welcomed Modi’s intervention, it also condemned “the arbitrary manner contemplated by the information and broadcasting ministry ostensibly to penalize any journalist or media organization publishing fake news.”

India is the latest government to push against what it calls "fake news". Malaysia on Monday passed an anti-fake news law despite concerns that it will be used to silence criticism of embattled Prime Minister Najib Razak and curb free speech ahead of upcoming elections.

India, which prides itself as the world’s largest democracy, has been steadily slipping in the global press freedom index. It now ranks a low 136 among 180 countries in the index, released annually by Paris-based Reporters Without Borders, to measure the freedom available to pursue unbiased journalism.

'Policing the media'

At the face of it, the now retracted media sanctions issued late on Monday spelled out action against journalists found guilty of peddling “fake news”.

A screenshot of the now retracted press release from India's information and broadcasting ministry titled 'Guidelines for Accreditation of Journalists amended to regulate Fake News'. /Photo via Indian government's Press Information Bureau

“Noticing the increasing instances of fake news in various mediums including print and electronic media, the Government has amended the Guidelines for Accreditation of Journalists. Now on receiving any complaints of such instances of fake news, the same would get referred to the Press Council of India (PCI) if it pertains to print media & to News Broadcasters Association (NBA) if it relates to electronic media, for determination of the news item being fake or not,” the ministry said in a press release announcing the new guidelines.

But what alarmed most journalists were the arbitrary punitive actions proposed under the guidelines. According to the now revoked order, a single complaint of fake news against a print or television journalist would have led to an immediate suspension of her or his accreditation and the case being forwarded to the regulatory agency.

If found guilty, the journalist’s accreditation would be suspended for six months for a first violation, one year for a second violation and permanently canceled if there is a third offence.

The Editors Guild of India accused the government of “arrogating for itself the role of policing the media”, saying the implementation of the order “would have opened the door for frivolous complaints to harass journalists and organizations to fall in line.”

Indian Prime Minister Narendra Modi on Tuesday reversed an order to punish journalists found guilty of reporting "fake news", after an outcry over a perceived government crackdown on the press. /VCG Photo

Many journalists pointed out how the order threated the freedom of press in India. “It is the first step – immediate suspension, pending disposal of the complaint – that represents a frontal assault on the right of journalists to do their job,” veteran journalist Siddharth Varadarajan wrote in a scathing piece in The Wire online news magazine.

He felt that the move, had it been implemented, would have placed media organizations “at the mercy of trolls, bureaucrats and politicians and strengthen the already visible trend of self-censorship when it comes to politically sensitive stories.”

“Fake news CANNOT be countered by govt clampdowns, but by more open-ness and free-er debate. At the same time, a rigorous effort needed by journalists committed to the ideals of the Fourth Estate to themselves expose the rot within, weed out those corrupting the institution,” tweeted Sagarika Ghose.

Another noted journalist Shekhar Gupta wrote: “Make no mistake: this is a breathtaking assault on mainstream media. It’s a moment like Rajiv Gandhi’s anti-defamation bill. All media shd bury their differences and resist this (sic).”

Contentious timing

The timing of the contentious diktat, which came just days after the arrest of an editor for publishing a fake story on an online portal believed ideologically closer to Modi’s right-wing Bharatiya Janata Party (BJP), also raised doubts about the actual intent of the government.

Mahesh Vikram Hegde, the editor and owner of the notorious far-right Postcard News, was arrested last Thursday in southern Karnataka state for spreading fake and communally sensitive news on his website. Postcard news reported on March 18 that Jain monk Upadhyaya Mayank Sagarji was attacked by Muslims. Police said Sagarji was actually injured in a road accident.

A screenshot of Twitter profile of Mahesh Vikram Hegde, who was arrested last Thursday for spreading "fake news" on his rightwing website Postcard News

Hegde also shared the "news" on Twitter where Modi is one of his more than 78,000 followers. Several BJP leaders including Pratap Simha, a member of parliament nominated to the Press Council of India by the government, openly defended Hegde.

“Jail time may not have been the appropriate response to Hegde’s dangerous fabrications. But given that several BJP representatives stood by a brazen fake news propagandist, it’s harder for them to argue the case for cleaning up the media,” renowned journalist Barkha Dutt wrote in The Washington Post, where she compared the episode with Donald Trump administration’s face off with the White House press corps.

“This week, India had a Trumpian moment,” she wrote.

The Editors Guild also asserted that “fake news” is a process that cannot be left to governments to initiate action when, on many occasions, the governments and the parties in power – both at the Centre and states – are charged with propagating fake news themselves.

“Moreover, news organizations are not the only source of generation of fake news with the country awash with digital platforms of all hues and opinions that operate without constraints and have the potential to cause far more damage,” it said.

Modi’s government, its supporters and a section of the media aligned with the rightwing ideology have been routinely accused of spreading falsehood. The Indian Express reported on Tuesday how a “fake news busting” website with political links to the BJP declared two of its stories to be “fake” even though the evidence pointed to the contrary.

A file photo for India's Information and Broadcasting Minister Smriti Irani. /VCG Photo

Moreover, at least 13 federal ministers, including Information and Broadcasting Minister Smriti Irani, tweeted a link to the story, which itself was “fake”.

“When a government and ruling party that themselves peddle disinformation now say they want to fight fake news, it is time for the media to batten down the hatches and prepare for the worst,” Varadarajan said.

While the furious backlash appears to have compelled Modi to retract the hastily issued diktat, many journalists felt that the threat to muzzle the voice of the media is not over yet.

Journalist Swati Chaturvedi felt the government “blinked because of the pushback”, but she felt that the decision couldn’t have been taken without the knowledge of the Prime Minister. “Make no mistake, they will be back,” she said.

“Waters tested. Backfired. Will be tested again,” tweeted NDTV’s executive editor Nidhi Razdan.

“You know, the ridiculous phrase in that order was to regulate fake news. What does that mean? That means there are two kinds of fake news? There is good fake news, and there are bad fake news, and that you regulate and weed out the bad fake news, and you can settle for good fake news. This is how this government thinks. And that's worrying," Rajesh Mahapatra, Editor At Large, Hindustan Times.

[Cover Photo: Ravish Kumar, journalist and senior executive editor at NDTV, addresses a group of journalists at the Press Club of India in New Delhi, India, on April 3, 2018. /Reuters Photo]

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