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  • Category: Miscellaneous

    Discuss the probable extent and implication of application of IPC sec 124 A on the media

    Now, a big argument is going on the issue of the application of IPC section 124 A. Media agencies such as ABN and TV5 have approached the Courts against the FIR filed against them on charges of sedition. Freedom of speech ensured by the Constitution is a fundamental right and though connected, is a different issue than the one at hand.

    Sec 124 A of the Indian Penal Code says that 'Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine'.

    The Supreme Court has already held in principle that the interpretation of the term 'sedition' needs to be re-looked. Now, as members of ISC, what do you feel about the application of this section on media reports? How do you think the indulgence of the government in trying to put such serious charges against the media will affect their independent functioning?

    Please post your views with specific reference to section 124 A and avoid making general comments on freedom of the press, a topic that has been discussed in this forum many times .

  • #732980
    Media should be given freedom. But Media should also behave in a proper manner. They can't take sides and they should take the issue as an issue only and discuss merits and demerits. If they are trying to spread fake news, the government should ask the proofs and the media agency should show the same. Otherwise they will be punished. This is what court has decided and I feel it is the correct way to control the media. We can't ban or apply 124a without giving a chance to the media house.
    always confident

  • #732988
    The United Kingdom introduced sedition laws in India and other colonies has repealed the offence of sedition in its jurisdiction in 2009. New Zealand and Ghana have already passed legislation repealing sedition, while the Law Commissions of Canada, Ireland and Australia have recommended repeal to their respective parliaments. In both Uganda and Nigeria sedition has been declared unconstitutional.

    It is to be decided by the court if Section 124A should be sustained or not. Article 19 gives freedom of speech and personal liberty regarding the expression of thoughts and views about government policies. What is the limit of this freedom of speech it is to be decided by the judiciary?

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