After Criticism Kerala Government Withdraws Controversial Police Act 118A, Targeting Social Media Posts

The Kerala Government on Monday said that it is withdrawing the new Kerala Police Act 118A which was recently introduced as an ordinance.

The Kerala Police Act 118A has been controversial since it was first proposed.

It calls for imprisonment of five years or fine of Rs 10,000 or both for anyone creating or sending offensive message or that which is intended to offend or threaten another person, through any means of communication.

Reuters

While the Kerala Government had said the 118 (A) amendment to the Kerala Police Act, 2011 is aimed at curbing the growing complaints about cyberbullying against women and children in the state, critics say that the law can be misused.

That is because the police could slap criminal charges on citizens by interpreting any kind of communication through any medium as defamatory

It finds even ¡°injury to the mind¡± a reason for slapping criminal charges not just on the petition of the victim, but also anyone ¡°in whom they have interest¡± or as a suo motu act by a police official.

AFP

This in effect means that anything that is posted on social media can land someone in trouble, even if there is no formal complaint to the police.

Police could arrest the accused named in the FIR without a warrant too.

The 118A did not just limit its ambit to social media, and would cover not only social media but the mass media too, including print and visual media, and even posters and billboards.

The act, introduced by the CPIM-led Left Government in Kerala had come under heavy criticism from the opposition and some from within the alliance and party, who see it as an attack on Freedom of Expression.

Pexels

"Shocked by the law made by the LDF government in Kerala, making so-called offensive posts on the social media punishable with 5 years in prison," Senior Congress leader and former Union Home Minister P Chidambaram had said.

Shocked by the law made by the LDF government of Kerala making a so-called ¡®offensive¡¯ post on social media punishable by 5 years in prison

¡ª P. Chidambaram (@PChidambaram_IN) November 22, 2020

Senior advocate Prashant Bhushan had criticised the Police Act amendment and said ¡°Kerala has amended the Kerala Police Act by ordinance that provides jail term for any social media or cyber post that is deemed ¡°offensive¡± or threatening. This is draconian & bound to be abused to silence dissent. Similar Sec 66A of the IT Act was struck down.¡±

Kerala has amended the Kerala PoliceAct by ordinance that provides jail term for any social media or cyber post that is deemed ¡°offensive¡± or threatening.This is draconian& bound to be abused to silence dissent.Similar Sec 66A of the IT Act was struck downhttps://t.co/Z6V6EcfFk7

¡ª Prashant Bhushan (@pbhushan1) November 22, 2020

While the government had reassures that the law will not be misused, legal experts have said that this will be struck down by the courts.

In March 2015, the Supreme Court, in a landmark verdict, had struck down Section 66A of the IT Act and Section 118 (d) of the Kerala Police Act after it found the sections violative of the right to free speech, and a similar fate would befall on the Section 118A.