August 18, 2024
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Defending Democracy: A Charter for Protecting Press Freedom

THE National Alliance of Journalists (NAJ), the Delhi Union of Journalists (DUJ), the Andhra Pradesh Working Journalists Federation (APWJF), and associated members from across the country have, on August 9, presented a 13-point charter to members of parliament and political parties, calling for urgent measures to protect journalism amid escalating threats to press freedom and journalists' rights. The journalists' unions are demanding a thorough discussion on the controversial and opaque provisions of the Broadcasting Services (Regulation) Bill, 2023, which seeks to regulate social media platforms and small, independent news broadcasters. They also call for the review and repeal of laws related to sedition, defamation, and extended detention under acts such as UAPA, which have been misused against journalists. Furthermore, the unions are advocating for improved access to parliament for accredited media personnel, the establishment of an independent media council, and the creation of a Media Commission of India similar to the First and Second Press Commissions. They also demand the repeal of the four labour codes and the formation of a new wage board. Additionally, they seek interim relief for employees facing stagnant wages during inflationary periods, as well as a decent pension and risk insurance scheme.

They pointed out that as the 18th Lok Sabha takes shape and the first budget session unfolds, the political landscape presents a coalition government, lacking a clear majority, a departure from the previous two Lok Sabhas. This shift reflects the people's clear verdict to uphold parliamentary democracy. From the perspective of trade unions representing professional journalists, this development is seen as a critical juncture for safeguarding democratic values.

Media and journalism are fundamental to the health of any democracy, serving as a cornerstone for public discourse and accountability. However, over the past decade, there has been a troubling increase in attacks on freedom of expression and press freedom. Despite the electorate’s strong call to restore democratic norms, these assaults on the media have persisted, undermining the very fabric of our democratic institutions.

In light of these ongoing challenges, journalists urge parliament and political parties attention to several pressing issues that impact press freedom and expression in our country. They said it is essential to address these concerns in parliament to ensure that the principles of a free and independent press are protected and reinforced. They made an appeal to the MPs to consider the following points:

  1. For several years now, media access to Parliament has been severely restricted. These limitations, initially introduced as Covid-19 precautions, have persisted long after the peak of the pandemic. Previously, media houses were allowed to send up to five journalists, but this number has now been reduced to just two, who are only permitted entry with temporary passes. Long-standing and distinguished journalists have faced significant challenges in obtaining passes this year, with access granted on a limited, first-come-first-serve basis after considerable protests. We strongly urge the government and parliament authorities to restore full media access by reinstating all media passes and allowing journalists with approved credentials to cover parliamentary proceedings. Additionally, restrictions on movement within Parliament House should be reviewed, and the Central Hall should be reopened to both parliamentarians and the press to facilitate comprehensive coverage and transparency.

 

  1. The draft Broadcasting Services (Regulation) Bill, 2023, intended to replace the Cable Television Networks (Regulation) Act, raises significant concerns. The initial draft, released last year, contained several draconian provisions, and recent reports suggest that the government is further tightening the regulations under pressure from corporate interests. Secret drafts have been circulated among select stakeholders, but there has been no consultation with journalists regarding this bill.

This legislation will impact not only major streaming platforms like Netflix and Amazon Prime Video but also individuals and small entities providing news, current affairs, and analysis on platforms such as YouTube and WhatsApp. The bill fails to address the critical issue of cross media holdings, which is essential for curbing monopolies over news and views. The bill's requirements for an internal content evaluation committee and affiliation with a self-regulation network could be prohibitively expensive and time-consuming, potentially sidelining many small and independent content creators. Additionally, the broadcasting advisory council, which will be predominantly composed of government-appointed bureaucrats, will have significant control over decisions. The bill also mandates compliance with a programme code, which could be subject to frequent and potentially arbitrary changes by the government.

Given these concerns, it is imperative that the bill undergo thorough public debate, including hearings and consultations with all relevant stakeholders, including journalists' organisations. The proposed bill should be subjected to rigorous public and parliamentary scrutiny. Alternatively, an independent media council composed of professional experts could be established to oversee and regulate the sector more impartially.

  1. All languages listed in the 8th Schedule of the Constitution should be encouraged and developed equally. However, the Lok Sabha Secretariat appears to be undermining this principle. Although a two-way simultaneous interpretation service for parliamentary proceedings was introduced last year, it is only available in 10 languages. This service is reportedly being extended to Sansad TV viewers, but the secretariat has trained casual interpreters for all 22 constitutional languages.

As a result, parliamentarians, journalists, and viewers who speak the remaining languages are left relying on Hindi or English, thereby creating a linguistic divide. Furthermore, while members can speak in their mother tongue in the Lok Sabha with a notice of 24 hours for five languages, for all other languages, the notice period is just half an hour. This discrepancy exacerbates the inequality among Indian languages and undermines the principle of equal linguistic development.

  1. It has been 13 years since the centre accepted the recommendations of the Majithia Wage Board, the last and sixth wage board for journalists and press workers. Despite this, there has been no initiative from the centre to establish a new wage board, which is adversely affecting the livelihoods of many journalists and media workers. Additionally, numerous cases filed by journalists and other newspaper employees regarding past wage awards remain unresolved and are languishing in the courts. To address these delays, there is a pressing need for the establishment of fast-track courts.

We urgently call for the announcement of interim relief to counteract the effects of inflation and improve the deteriorating conditions in the print media sector and request support in raising this critical issue in parliament to ensure that journalists and media workers receive the necessary support and justice.

  1. We urgently call for the enactment of a law specifically designed to protect journalists from arbitrary arrests and malicious prosecutions. Such protections are essential to ensure that journalists are not unfairly targeted or treated as criminals for performing their vital role in society.
  2. The recent amendments to the IT Rules, 2021 grant not only the Press Information Bureau but also all union government ministries and departments the authority to demand the removal of any news they find objectionable from social media platforms. We strongly urge the immediate withdrawal of these rules, as they threaten to censor small, independent digital media outlets.

Additionally, the Press and Registration of Periodicals Act, 2023 introduces an online system for the allotment of titles and registration, which is intended to streamline the process. However, it also includes a troubling provision that bars anyone deemed to have "done anything against the security of the State" from publishing a periodical. This vague and undefined criterion regarding "security of the State" poses a significant risk of misuse and should be revised to ensure clarity and fairness.

  1. We advocate for the prompt establishment of a unified media council encompassing print, electronic, and digital media, with representation from media organisations, media unions, and independent public figures. Additionally, we recommend the formation of a media commission tasked with a comprehensive review of the media landscape, similar to the First and Second Press Commissions. This commission should propose remedial measures to address the significant changes in the media sector brought about by globalisation and the challenging conditions faced by journalists and media workers. Such steps are crucial for ensuring a fair and well-regulated media environment.
  2. We call for the repeal of the four labour codes and the restoration of previous pro-labour legislation. Specifically, the Working Journalists & Other Newspaper Employees (Conditions of Service) & Miscellaneous Provisions Act, 1955, and the Working Journalists (Fixation of Rates of Wages) Act, 1958, should be reinstated with a straightforward amendment to encompass broadcast and digital media. These legislative changes are essential to ensure fair labour practices and protections for all media workers.
  3. Adequate risk insurance coverage for media workers and their equipment, along with a decent pension scheme, is urgently needed. Currently, the contributory pension available to journalists is insufficient, often amounting to no more than a few thousand rupees. It is imperative to enhance these provisions to ensure financial security and protection for media professionals.
  4. The premier national news agency, United News of India (UNI), urgently needs a one-year relief package to ensure the regular payment of long-overdue salaries and to settle outstanding dues, including gratuity, for retrenched employees. Many of these individuals are in critical financial situations. Despite the 200-year milestone of the Urdu press, the once self-reliant UNI Urdu news service is struggling to survive. Additionally, any attempts to undermine or discriminate against another leading national news agency, the Press Trust of India (PTI), must be stopped.
  5. India has the highest rate of internet shutdowns globally, with a staggering 741 disruptions recorded from 2012 to July 2023. These shutdowns severely hinder journalists' ability to send news reports, stories, and photographs, impacting their work significantly. Internet bans have been enforced for a wide range of reasons, from managing riots to preventing cheating during exams. Such widespread misuse of the law must be addressed with clear and stringent rules and guidelines to prevent further abuse and ensure that journalists can perform their duties without unnecessary interruptions.
  6. Laws concerning sedition, defamation, and arbitrary detention, such as the UAPA, are increasingly being misused to arrest and prosecute journalists. There have been instances where journalists have faced legal action for their tweets and Facebook posts. To prevent further misuse of these laws, they should be thoroughly reviewed and repealed.
  7. As media companies increasingly outsource work, it is essential to establish provisions for freelance journalists, stringers, and consultants to ensure they receive timely and adequate payments. The number of these media workers is steadily growing, yet there are currently no comprehensive legal provisions addressing their welfare and social security. Implementing appropriate measures to protect and support these workers is crucial as their role in the media landscape continues to expand.