Govt can’t solely determine fake news: Editors Guild voices deep concern over draft IT law

News Network
January 19, 2023

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New Delhi, Jan 19: The Editors Guild of India yesterday urged the government to "expunge" the draft amendment to the IT Rules asking social media companies to take down news articles that have been deemed "fake" by the Press Information Bureau (PIB).

"The Guild urges the Ministry to expunge this new amendment, and to initiate meaningful consultations with press bodies, media organisations and other stakeholders, on the regulatory framework for digital media, so as to not undermine press freedom," a statement issued by the Editors Guild of India said. "At the outset, determination of fake news cannot be in the sole hands of the government and will result in the censorship of the press," the Guild said in a statement here, voicing "deep concern" over the draft amendment to the Information Technology (IT) Rules.

It said that already multiple laws exist to deal with content that is found to be factually incorrect.

"This new procedure basically serves to make it easier to muzzle the free press, and will give sweeping powers to the PIB, or any 'other agency authorised by the Central government for fact checking', to force online intermediaries to take down content that the government may find problematic," the Guild said.

The Ministry of Electronics and Information Technology (MeitY) on Tuesday released a modification to the draft Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 it had previously released for public consultation.

The addition, made in the "due diligence section" for social media intermediaries, states that an intermediary shall not be allowed to publish information that "deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation" that has been "identified as fake or false by the fact check unit at the PIB of the Ministry of Information and Broadcasting or other agency authorised by the Central government for fact-checking".

"Further, the words 'in respect of any business of the Central government' seems to give the government a carte blanche to determine what is fake or not with respect to its own work. This will stifle legitimate criticism of the government and will have an adverse impact on the ability of the press to hold governments to account, which is a vital role it plays in a democracy," the Guild said.

"It must be further noted that the Guild had raised its deep concerns with the IT Rules when they were first introduced in March 2021, claiming that they empower the Union Government to block, delete, or modify published news anywhere in the country without any judicial oversight. Various provisions in these rules have the potential to place unreasonable restrictions on digital news media, and consequently media at large," the Guild said.

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News Network
March 22,2024

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New Delhi, Mar 22: The Aam Aadmi Party has made it clear that Arvind Kejriwal will remain the Delhi Chief Minister despite his arrest in the liquor policy case. While no law would stop the AAP leader from running the state from prison, the jail guidelines would make it extremely difficult.

Kejriwal was arrested yesterday by the Directorate of Enforcement (ED), following his avoidance of nine summons issued by the investigative agency in relation to the Delhi liquor policy case. 

The decision to apprehend Kejriwal transpired shortly after the High Court's denial of protection from arrest. With this development, Kejriwal becomes the second opposition Chief Minister to face arrest by the ED within a span of fewer than two months, following Jharkhand Chief Minister Hemant Soren's similar fate in January 2024 due to allegations in a graft case. Subsequently, Hemant Soren was replaced by his party colleague, Champai Soren.

Delhi government minister Atishi declared shortly after Kejriwal's arrest that he would not step down from his position. However, the legality and feasibility of a detained Chief Minister continuing to fulfill official duties warrant examination.

A former law officer of Delhi's Tihar Jail says that an inmate can only hold two meetings in a week, which would make it difficult for Mr Kejriwal to carry out his responsibilities as Chief Minister.

Can he run government from prison?

While theoretically plausible, governing from detention presents logistical challenges. However, there exists no explicit prohibition against a Chief Minister conducting official responsibilities while under arrest. Disqualification only occurs upon conviction.

The Representation of the People Act, 1951 outlines disqualification provisions for specific offenses, necessitating a conviction for those holding office.

Will centre impose president’s rule?

Constitution expert SK Sharma told TOI that there exists no specific legal provision mandating the automatic resignation of a state's Chief Minister upon arrest. He cited the example of former Bihar CM Lalu Prasad Yadav, who appointed his wife Rabri Devi as CM during his arrest. "Former Bihar CM Lalu Prasad Yadav made his wife Rabri Devi the CM of the state when he was arrested. More recently, Hemant Soren in Jharkhand also resigned. Calling cabinet meetings in the jail or review meetings with officials in his cell does not seem practical," said Sharma.

Sharma further indicated that if AAP persisted in retaining Kejriwal as CM, it could lead to a deadlock, potentially prompting the Centre to impose President's rule in Delhi.

What may happen next?

Despite AAP's unwavering stance on Kejriwal's continuation in office, internal sources say that potential successors, including Atishi and health minister Saurabh Bharadwaj. Atishi, known for her extensive portfolio and close ties to Kejriwal, alongside Bharadwaj, a prominent minister with significant responsibilities, emerged as likely contenders. Additionally, sources speculated about the surprise candidacy of Kejriwal's wife, Sunita, given her background as a revenue services officer and active involvement in party affairs.

However, finding a successor of comparable stature to Kejriwal, a national convener of the party and three-time Delhi CM, presents a formidable challenge for AAP.

Role of Delhi's Lieutenant Governor

Delhi's unique power structure, featuring an elected Chief Minister and a Lieutenant Governor appointed by the Centre, presents a complex scenario. Kejriwal's ability to continue as CM hinges on legal relief, failing which the Lieutenant Governor can seek Presidential intervention, potentially leading to the imposition of President's rule.

Recent cases demonstrate how denial of bail can compel resignation, highlighting the precarious position of arrested officials.

In light of these developments, the Lieutenant Governor could invoke 'failure of constitutional machinery' to justify President's rule, thereby bringing the national capital under direct Union government control until the end of the current Assembly's tenure in February 2025.

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News Network
March 27,2024

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New Delhi, Mar 27: The government has objected strongly to remarks by a US State Department spokesperson on Delhi Chief Minister Arvind Kejriwal's arrest last week in connection with the alleged liquor policy scam.

The External Affairs Ministry summoned Gloria Berbena, the US' Acting Deputy Chief of Mission, to a 40-minute meet at its office in Delhi on Wednesday afternoon. In a brief statement released shortly afterwards, the MEA warned of "unhealthy precedents and against "unwarranted aspersions".

"States are expected to be respectful of the sovereignty and internal affairs of others, and this responsibility is even more so in case of fellow democracies. It could otherwise end up setting unhealthy precedents," the External Affairs Ministry said.

"India's legal processes are based on an independent judiciary which is committed to objective and timely outcomes. Casting aspersions on that is unwarranted," the statement stressed.

On Tuesday the US State Department said it is monitoring reports of Mr Kejriwal's arrest, and called on New Delhi to ensure "a fair and timely legal process" for the jailed Aam Aadmi Party leader.

The US State Department's comments came, in turn, days after Germany's Foreign Office stressed that Mr Kejriwal, like any other Indian citizen facing charges, is entitled to a fair and impartial trial.

The Indian government reacted strongly to the comment, summoning the German envoy and labelling the Foreign Office spokesperson's remark "blatant interference in internal matters".

"We see such remarks as interfering in our judicial process and undermining the independence of our judiciary," the External Affairs Ministry said, "Biased assumptions are most unwarranted."

Asked about India's protest to Germany, the State Department spokesperson told Reuters, "We refer you to the German Foreign Ministry for comment on their discussions with the Indian government."

Earlier this month the Modi government also took exception to comments by its counterpart on the changes to the citizenship law, calling them out as "misplaced, misinformed, and unwarranted".

Arvind Kejriwal was arrested by the Enforcement Directorate last week in connection with the alleged liquor policy scam that has roiled his AAP and provoked furious protests from the opposition ahead of the 2024 Lok Sabha election. Mr Kejriwal was this week sent to jail till March 28.

The Enforcement Directorate believes the now-scrapped liquor policy provided an impossibly high profit margin of 185 per cent for retailers and 12 per cent for wholesalers. Of the latter, six per cent - over ₹ 600 crore - were bribes and the money was allegedly used to fund the AAP's poll campaigns.

The ED has labelled the Chief Minister as a key conspirator in this case, but Mr Kejriwal and party colleagues arrested in this matter - ex-Deputy Chief Minister Manish Sisodia, Rajya Sabha MP Sanjay Singh, and former Health Minister Satyendar Jain - have all denied the charges.

The AAP and the opposition have hit out at the BJP-led central government for using central agencies, like the ED, to target rivals and critics before the general election. The AAP has criticised Mr Kejriwal's arrest on grounds it was timed to interfere with his plans to campaign for the party.

The BJP has dismissed claims it uses central agencies as described by the opposition.

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News Network
March 27,2024

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The Enforcement Directorate has filed a money laundering case against Kerala Chief Minister Pinarayi Vijayan's daughter Veena Vijayan, her IT company and some others to probe a case of alleged illegal payments made by a private mineral firm to her and the company, official sources said Wednesday.

The agency has registered a case under the Prevention of Money Laundering Act (PMLA) and is expected to summon the people involved, the sources said.

The ED case has been booked after taking cognisance of a complaint filed by the Serious Fraud Investigation Office (SFIO), an investigative arm of the Union corporate affairs ministry, they said.

The case stems from an Income Tax Department investigation that alleged that a private company called Cochin Minerals And Rutile Ltd (CMRL), made an illegal payment of Rs 1.72 crore to Veena's company-- Exalogic Solutions-- during 2018 to 2019, even though the IT firm had not provided any service to the company.

The Karnataka High Court had last month dismissed a plea filed by Exalogic Solutions against the probe initiated by the SFIO.

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