The Right to Information (RTI) Act is a valuable tool for journalists in their pursuit of accurate, factual, and reliable information. The RTI Act, 2005 not only allows journalists to uncover vital details from the government, but it also helps them find and obtain sensitive and significant information to break major stories. This guide will cover the procedure for filing an RTI, the deadlines for submitting appeals, and other relevant information to be considered during the filing process.

When seeking to utilize this act, it is important to conduct thorough independent research on the subject at hand and to ask detailed, precise questions to limit the ability of the Public Information Officer (PIO) to misunderstand or refuse to answer. Prior in-depth research also ensures that information already available in the public domain is not asked. It is helpful to not ask more than 10-12 questions per RTI. If there are more, it is advisable to split the queries into two RTIs. Establishing whether the relevant public authority falls under the jurisdiction of the Central Government or the State Government will ensure that the appropriate Public Information Officer is approached for your inquiry. Once the questions have been framed and the relevant authority has been identified, an RTI can be filed.

Procedure to file RTIs Online

To file an RTI online for information from a Central Government public authority, one should follow the following steps:

• Visit the RTI website at https://rtionline.gov.in and select the 'submit request' option.
• Read the guidelines on the 'Guidelines for using the RTI ONLINE PORTAL' page and click 'submit'.
• On the Online RTI Request Form, choose the relevant ministry or department and public authority from the dropdown menu.
• Indicate whether or not the applicant is below the poverty line. If the applicant is below the poverty line, annex a BPL card certificate in the supporting document section. If not, a fee of INR 10 must be paid.
• If desired, enter a mobile number to receive SMS updates.
• After completing the form, click 'make payment' and choose a payment method.
• Upon submission, the applicant will receive a confirmation email or SMS with a unique registration number.

It is important to note that this platform cannot be used to file RTI applications for state public authorities. Such applications must be made through the corresponding state portal, in person, or by post to the State Public Information Officer.

Procedure to file RTIs Offline

The process for filing an RTI Offline is as follows:

1. Determine whether the relevant department falls under the jurisdiction of the state or the central government. Write the application in Hindi, English, or the local language and address it to the appropriate state or central Public Information Officer with a clear subject line. A sample RTI Application can be found here.
2. Enclose the fee of Rs. 10 in the form of cash, bank draft, money order, court fee stamp or a postal receipt.
3. Individuals who are below the poverty line are exempt from paying the fee upon presentation of proof.
4. For the state of Gujarat, the applicable fee is INR 20 per RTI.
5. Though as per Rule 3(2) of Kerala Right to Information (Regulation of Fee and Cost) Rules, 2006 and Rule 3(b) of Tamil Nadu Right to Information (Fees) Rules, 2005 the application fee is required to be paid by affixing court fee stamp to the application, remitting amount to the Government Treasury, cash, demand draft, or bankers' cheque, the State Authorities may insist on paying the fees via postal stamp
6. Submit the application in person or by post to the relevant PIO.

It is advisable to use a registered post or a speed post for offline submissions. The applicant should keep a copy of the application and any correspondence for their records. For more information, refer to the RTI Rules, FAQs, and User Manual. The links to all the respective states' Online RTI portals, State Information Commission portals, and Public Information Officer's portals are available here, however, please note that some of the links provided on this page are non-functional or outdated

What are the time limits under the Right to Information Act?

Under the Right to Information Act, different time windows have been established for obtaining the information. The various timelines listed in the RTI Act, 2005 are as follows:

Potential Challenges while Collecting Information through RTIs

The RTI Act, 2005 allows for exemptions from providing information under Sections 8(1) and 9. However, unless the relevant public authority can demonstrate that the requested information falls within one of the exempted categories, it is required to provide the information and must clearly state the grounds for rejecting any requests.

As per the Act, if an RTI application is filed with the wrong public authority, the receiving authority is required to transfer the application to the appropriate authority and inform the applicant immediately about the transfer, as stated in Section 6 (3) of the Act. This may delay the timeline at which the response to the RTI was anticipated.

Appeal Under RTI Act, 2005

If the Public Information Officer (PIO) fails to respond; charges unreasonable fees for providing copies of documents; fails to respond satisfactorily; or fails to respond within the designated time frame, you may file an appeal under the Right to Information Act. It is important to note that you cannot appeal any questions that have not already been asked, so the scope of the appeal is limited to the original RTI. You should review the rules in your specific state to determine the requirements for filing an appeal, or you can contact the Appellate Authority directly.

Every public authority appoints an officer senior to the PIO known as the First Appellate Authority (FAA) to hear appeals. If the Public Information Officer (PIO) rejects the requested information, it is their duty under Section 7(8)(iii) of the Act to provide the name and address of the First Appellate Authority (FAA) in their response. To file a First Appeal, the documents can be delivered in person to the FAA or sent by speed post to the FAA of the relevant public authority. Alternatively, the appeal can be sent to the Assistant Public Information Officer (APIO) responsible for forwarding it to the appropriate Appellate Authority. When submitting a First Appeal, it is advisable to include a copy of the original RTI Application and the government's reply. If the appeal is due to the PIO's lack of response, a copy of the cover letter or postal receipt should also be included.

Filing a First Appeal with any Central Public Authority or most States is completely free. However, several states impose a fee for First Appeals; for instance, Maharashtra charges Rs. 20. The fees for the individual states can be found by visiting https://rti.gov.in/rti/states.asp. The fee can be paid by IPO/Demand Draft/Banker’s Cheque or in any other manner specified in the state RTI rules.

Once the First Appeal is submitted, a response can be expected within 30 to 45 days. It is possible that the outcome of the First Appeal may not be favourable and may only reiterate the initial decision of the CPIO. In such cases, it is advisable to file a Second Appeal depending on the importance of the requested information.

Second Appeal

If you are dissatisfied and aggrieved by the decision of the First Appellate Authority, the Right to Information Act permits the filing of a Second Appeal. Information Commissions have been established at the Union (Central Information Commissions (CIC)) and State levels (State Information Commissions (SIC)) to hear such second appeals. Appeals related to Panchayats should be forwarded to the SIC. A Second Appeal to the Information Commission against the decision of the First Appellate Authority must be filed within 90 days of the date the decision should have been made or the date the decision was actually received. However, the Information Commission has the authority to allow appeals after this period has elapsed if there are sufficient grounds for the delay.

The Central Government and some State Governments have established guidelines for the information that must be included in an appeal to the Information Commissions. However, there is no standard protocol for filing a Second Appeal and no fee is required. In addition to basic information about your application and its processing, your appeal should include supporting documents such as self-attested copies of the orders or decision notices being appealed, and copies of any other documents referenced in the appeal. Many state governments have made forms available on their websites under the RTI category. Before beginning the drafting process, it is advisable to review the guidelines for filing a Second Appeal provided by the Central Information Commission.

When filing a Second Appeal with the CIC, it is worth noting that it may take approximately 2 years for your case to be scheduled before the Commission. It is a time-consuming and daunting thought to consider a 2-year wait, however, it can be highly rewarding for your work and to society at large if the outcome turns out in your favour. Approximately 2 weeks' notice will be provided before the hearing, during which time you may submit written submissions in support of your appeal. If you are unable to attend the hearing, your appeal will be decided in your absence. Hence, it is important to keep a watch out for your second appeal hearing date, time and location. An example of some of the exemplary work that can be achieved over time is https://panoptic.in/ where extensive information regarding facial recognition systems in India has been gathered through the RTI process. Such projects demonstrate the value of leveraging existing tools in place to achieve valuable public outcomes. If you are not satisfied with the final order issued by the CIC or SIC, you may file a writ to the High Court or the Supreme Court of India.

We hope that this information helps you understand the processes involved in filing an RTI.

This Guide was prepared with assistance from Bharucha and Partners. This blogpost or any other blogpost published as a part of this practical guide series does not constitute legal advice.

INTRODUCTION

Threats to journalists’ wellbeing may take various forms; the most recent of which is online abuse and harassment. Online harassment ranges from unsolicited sexual advances to threats of violence or rape, communicated over a digital medium. In a world with increased digital news access, as well as an increased dependence on handheld internet enabled devices, journalists do not have an opt-out mechanism from such online abuse and harassment.

While this problem is common across the board for journalists, the recent examples of harassment and violence such as the brutal murder of Gauri Lankesh and the continued harassment of journalists such as Rana Ayyub indicate a worrisome trend of how such harassment is a gendered issue. While male journalists face online harassment and abuse for endorsing differing viewpoints or their quality of journalism, criticism against women and sexual minorities is often targeted towards their gender, appearance, religion etc. rather than the quality of their work.

While we discuss protection of women journalists, it is important to recognize that all gender and sexual minorities need to be protected on the internet. Unfortunately, Indian Law makes limited provisions to include most gender and sexual minorities. In this guide, the term ‘woman’ largely refers to cisgender women, because the law fails to extend its protection to gender and sexual minorities beyond them. Acknowledging this shortcoming, in the future, we will  publish another practical guide that more comprehensively outlines remedies available to gender and sexual minorities.

DOES INDIAN LAW OFFER PROTECTION TO WOMEN JOURNALISTS

Presently, there is no specific provision in Indian Law that deals with online harassment of women journalists. Accordingly, law enforcement officials rely on the Indian Penal Code (IPC) and the Information Technology Act (IT Act) to deal with instances of online harassment and abuse.

Provisions under the Technology Act

The IT Act and IPC provide punishments for certain offences that are more regularly committed against women. Under the IT Act, any individual who captures, publishes, or transfers the image of a private area of any person, violating the privacy of that person shall be punished with imprisonment which may extend to three years imprisonment and a fine not exceeding Rs 2 lakh [Section 66E]. Further, any individual who publishes or transmits sexually explicit content shall be punished with imprisonment for a term which may extend to 5 years and a fine which may extend up to Rs. 10 lakhs for the first offence, and imprisonment for a term which may extend up to 7 years and a fine which may extend up to Rs. 10 lakhs for every subsequent offence [Section 67A].

The provisions of the IT Act offer protection to women against violation of their privacy, and dissemination of explicit content. This becomes particularly important taking into consideration the recent example of deepfake technology being used to create fake pornographic content with women journalists as the subject.

Provisions under the IPC

Under the IPC, any man making sexually coloured remarks shall be guilty of the offence of sexual harassment punishable with imprisonment for up to 1 year, or with fine, or with both [Section 354A(3)]. Further, any man who watches or captures images of women engaging in a private act where they would not ordinarily have the expectation of being observed or recorded or disseminates such image shall be guilty of the offence of voyeurism punishable with imprisonment for a term which shall not be less than 3 years and may extend up to 7 years with a fine [Section 354C].

Women journalists have routinely faced the threat of online stalking. Any man who monitors the internet use of a woman or repeatedly attempts to contact her for personal interaction despite a clear indication of disinterest shall be guilty of the offence of stalking, punishable with imprisonment for a term which may extend up to 3 years and with a fine [Section 354D]. The IPC also punishes any individual who has conveyed incorrect information re any person to any third party which brings the reputation of the person into disrepute in the eyes of said third party [Section 499]. Another issue regularly faced by journalists, are threats of injury, rape or death. The IPC provides for imprisonment for upto 7 years with fine against any individual who threatens any person with injury to his person, property, or reputation, to cause alarm, or to cause that person to do any act which they are not legally bound to do [Section 506]. The IPC further provides added protection to women journalists by penalising any attempts to insult their modesty, including online activity [Section 509].

WHAT CAN I DO IF I FACE ONLINE HARASSMENT?

There are four avenues for women journalists to avail remedies against online abuse and harassment in India:

1. Report the post- If harassment occurs on a social media platform, you may choose to report a post to the social media platform for action under their community guidelines and terms of use.
2. Filing an online complaint-The National Cyber Crime Reporting Portal has been formed by the government to assist victims of cybercrime specifically for the protection of women and children. The portal allows for the complainant to remain anonymous if they choose to do so. The portal is accessible at Cyber Crime Portal. Once the complaint has been filed, the relevant state police authority shall investigate the offence.
3. Filing a First Information Report - You may opt to file an F.I.R. with the police station in your jurisdiction under any of the above mentioned provisions of the IT Act and the Indian Penal Code.
4. National Commission for Women- Any instance of deprivation of women’s rights or harassment of women may be reported to the National Commission for Women (NCW). The NCW assists the complainant by ensuring that investigations by the police are expedited and monitored. The NCW may forward the complaint to the relevant State Commissions for Women, National Human Rights Commission etc. as requisite.

This Guide was prepared with assistance from Bharucha and Partners. This blogpost or any other blogpost published as a part of this practical guide series does not constitute legal advice.

Introduction

A free press is contingent on the free flow of information from the media to the public. Journalists rely on individuals to obtain facts, and opinions on socially, politically, or economically relevant issues. Anonymity is often a precursor to this interaction as individuals who divulge such sensitive information (hereinafter referred to as “Journalistic Sources”) may face repercussions that may affect their safety, or job security. Compelling journalists to reveal their sources will result in less Journalistic Sources coming forward, which may hinder the quality of journalism. Protecting Journalistic Sources in the era of mass surveillance poses significant challenges owing to the prevalent data retention and data disclosure norms in the absence of a data protection law.

Does Indian law offer protection to journalists’ sources?

While all Indian citizens have the right to freedom of speech and expression under Article 19 of the Constitution of India, this is not an unconditional or absolute right, and is subject to reasonable restrictions or conditions. India does not have any comprehensive law that protects journalists from being made to reveal their sources in legal proceedings. Some laws offer protection to sources in specific contexts. The 93rd and 185th Reports of the Law Commission of India recommended that journalistic privilege, subject to reasonable restrictions, should be codified into law. There has been no development on this, since, unfortunately.

Does the Whistleblower Protection Act, 2014 enable protection of Journalistic Sources?

The Whistleblower Protection Act, 2014 offers protection to people disclosing acts of corruption, wilful misuse of power, or criminal offences by public servants, in public interest. This includes all public servants, including ministers, MPs, members of the lower judiciary (District Court judges), regulatory authorities, central and state government employees.

These disclosures are made to a Competent Authority under the Act (differs, depending on the type of public servant against whom an allegation is raised), who must conduct a discreet inquiry, and conceal the identity of both the complainant and the public servant. The Act also incorporates provisions for safeguards against victimsation, protection of witnesses and protection of the complainant’s identity. This protection of identity is offered only with respect to disclosures made before a Competent Authority as defined under the Act i.e. in cases where information regarding wrongdoing by public servants is being disclosed.

What role does the Press Council of India play in protection of Journalistic Sources?

Source protection is offered to journalists in proceedings before the Press Council of India under the Press Council of India Act, 1978. The Press Council of India is supposed to act to preserve the independence of media in India and maintain high standards of reporting and journalism. To this end, the Press Council of India is empowered to conduct enquiries, and is vested with powers of civil courts to conduct enquiries and discharge its other functions. No newspaper, news agency journalist, or editor can be compelled to reveal their source(s) in proceedings before the Press Council of India.

Is this any different [with/on] the internet?

References to protection of Journalistic Sources in the online space in Indian jurisprudence are few. A 2017 UNESCO report titled “Protecting Journalism Sources in the Digital Age” observed that, world over, laws protecting journalists have not kept up with developments in technology, data retention, and data disclosure norms.

Journalists often use social media platforms to gather information for pieces, including through anonymous sources, who might choose to remain anonymous to the world at large for a variety of reasons. Speech on social media platforms is currently governed by the Information Technology Act, 2000 (“IT Act”) and Rules notified under the Act. The laws that govern data protection and disclosure by intermediaries are listed as under:

1. The IT Act requires intermediaries to provide assistance to authorized government agencies to intercept, monitor and decrypt information through a computer resource (Section 69).
2. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 require for intermediaries, to provide information under its control or possession, to the government agency authorised for the prevention, detection, investigation, and prosecution of offences under any extant law in India [Rule 3 (1) (i)].

While the rules impose obligations regarding addressing grievances, disclosure requirements, nature of content etc. the rules do not correspondingly provide any protection to journalists and news platforms.

1. Social media platforms with over 50 lakh users (Significant Social Media Intermediaries) that provide messaging services are required to enable the identification of the first originator of messages as may be required by a judicial order or under (Section 69 of)  the IT Act [Rule 4 (2)].

India does not currently have a comprehensive data protection legislation. However, with new data protection laws imminent, the mandatory data retention and disclosure requirements, in consonance with the Information Technology Act and rules issued thereunder, could affect the ability of journalists to obtain information on intermediary platforms. If internet service providers, search engines, telecom companies, and social media platforms can be compelled to produce electronic records of information, any attempt to protect sources of journalists will be undercut by the ease of backdoor access to this data.

Can I be compelled to reveal my sources?

The Delhi High Court observed that journalists, as a class of professionals, do not have an absolute obligation to disclose their sources, but also do not have complete immunity from disclosing their sources [Jai Prakash Aggarwal v. Vishambhar Dutt Sharma 1986 (11) DRJ 121]. The Court, while directing reporters of Jan Satta and Punjab Kesari to disclose their sources for a story alleging that a judicial verdict in the election petition had been fixed, held that if a journalist is compelled to disclose their source, it must be in the interest of justice and not detrimental to public interest.

In a similar vein, the Bombay High Court held that an allegedly defamatory article about the private life of a famous film script writer, while interesting to the public, was not of “public interest,” and therefore the journalist could be compelled to divulge his source as the disclosure was not detrimental to public interest. [Javed Akhtar v. Lana Publishing Co. Pvt. Ltd. AIR 1987 BOM 339].

‘Public interest’ has not been comprehensively defined in this context in Indian law. As a result, Courts are vested with an inordinate amount of power to decide what reportage is and isn’t in public interest. If a journalist is asked to disclose his/her source before a Court of law, in a matter of public interest, no law currently provides protection to the journalist from such disclosure. Journalists’ sources are typically not provided any protection from disclosure by Courts.

What if I still do not want to reveal my source?

If a Court directs you to disclose identifying information regarding your sources to it, failing to do so will mean you could be held in contempt of court, for failing to obey the Court’s order. Contempt of court is governed by the Contempt of Courts Act, 1971, and is punishable with a term which may extend to 6 months, a fine up to  INR 2000, or both. What this means in practical terms is that you are legally duty bound to disclose identifying information about any journalistic source, if so directed by a court of law.

Conclusion

Indian law on source disclosure is limited, and has mostly been determined by courts on a case by case basis. Recently, in a petition filed by youth climate change activist Disha Ravi before the Delhi High Court [Disha A. Ravi v. State (NCT Of Delhi) 278 (2021) DLT579] claiming relief for the leaking of investigative material regarding a case against her by the police to the media, the court directed media houses and journalists to verify the authenticity of their sources before disseminating any further information, but did not compel them to reveal their sources. While Courts advocate for striking a balance, Indian cases where journalists have been afforded source privilege are uncommon.

The protection of sources will lead to greater quality journalism and correspondingly benefit public interest by allowing reportage on sensitive information and stories, while keeping sources safe. The government must relook at the recommendations from the 93rd and 185th Law Commission Reports and lay down definitive guidelines for when a journalist may be compelled to divulge their source.

We hope that this information helps you understand the law on protection of Journalistic Sources in India.

DPDC has successfully conducted 38 sessions between Sep 2021 and May 2022 and the lawyers were able to provide pro bono legal aid to 33 journalists. If you are a journalist in need of legal aid, fill this form or write to us at [email protected].

This Guide was prepared with assistance from Bharucha and Partners. This blogpost or any other blogpost published as a part of this practical guide series does not constitute legal advice.

A Lookout Circular is a tool to restrict the movement of people who are trying to flee from the hands of Justice. The Hon’ble Apex Court in Satwant Singh Sawhney v. D. Ramarathnam and later in Maneka Gandhi v. Union of India held that the right to travel abroad is a facet of Article 21 of the Constitution of India (Constitution) and the same cannot be curtailed unless there is a fair, just and reasonable procedure established by law.

However, recently, law enforcement agencies (LEA) prevented two prominent journalists - Rana Ayyub and Aakar Patel from travelling abroad. Both of them did not know that the LEAs needed them to stay in India for investigation until they reached the airport. The LEAs had issued what are called Look-out Circulars (LOC) against Ms. Ayyub and Mr. Patel. Both the journalists approached courts in Delhi challenging the LOCs against them. The Delhi High Court set aside the LOC against Ms. Ayyub. Special Judge under the Prevention of Corruption Act, 1988 upheld the order of the trial court setting aside the LOC against Mr Patel but permitted him to travel abroad only after he obtained permission from the trial court.

In this edition of the DPDC Practical Guide Series, we examine how LOCs work, their legal basis and what you should do if you are prevented from travelling abroad because of a LOC.

What are LOCs?

The purpose of LOCs is to prevent the exit of absconding criminals or those who have evaded arrest. They are issued to secure the attendance of persons accused or suspected of committing a cognizable offence. LOCs must provide at least three identifying particulars such as name, parentage, date of birth and passport number. These LOCs are enforced at immigration checkpoints at airports, seaports and borders, and they prevent the subject of the LOC from boarding an international flight.  LOCs are valid for a period of 1 year, post which they lapse unless renewed.

What to do if an LOC is issued against you?

Typically, authorities such as the Bureau of Immigration inform individuals about the LOC only at the airport or seaport while proscribing them from travelling abroad. So, at the time, an individual is left with no option but to miss the flight.

If a LOC is issued against you, the only recourse you have is to approach a court challenging the legality of the LOC either by filing a writ petition before the High Court or approaching the concerned district court alleging that the issuance of LOC is bad in law. You can also write to the authorities requesting for cancellation or revocation of the LOC.

Authorities usually do not provide a copy of the LOC to the individuals and often claim LOCs to be an internal departmental document. However, recently the Punjab and Haryana High Court in Noor Paul vs Union of India & Others has held that the issuing authority should provide a copy of the LOC to the subject person as soon as it is issued and provide them with a post-decisional hearing. This decision has been appealed before the Supreme Court of India but as of now, there is no stay on it.

However, you can still assert your right to have a copy of the LOC which must contain an explanation of why you are being prevented from travelling abroad and an opportunity to contest the issuance of the LOC.

What happens if you miss your flight?

Despite the ruling in Noor Paul, if authorities still inform you of the LOC at the airport, you will have to forgo your ticket and you may or may not face arrest.

Further, besides challenging the LOC, you can also claim compensation if the LOC is illegal. The Punjab and Haryana High Court in Noor Paul has directed the public sector bank which had requested issuance of the LOC to compensate the subject of the LOC for the loss they suffered. As per the Special Court in Aakar Patel v. CBI, you can approach the appropriate forum for the monetary loss and/or mental harassment suffered by you on account of arbitrary issuance of LOC.

Against whom LOCs can be issued?

In accordance with Delhi High Court’s judgment in Sumar Singh Salkan vs Assistant Director and Ors, which has been incorporated in MHA’s 2010 Office Memorandum, LOCs may be issued against persons accused of committing a cognizable offence who have (i) either deliberately evaded arrest or have not appeared before a court despite a non-bailable warrant and (ii) there is a likelihood that they may leave the country. However, these pre-conditions may be relaxed in exceptional circumstances.

Both the Delhi High Court and the Special Court in cases filed by Ms. Ayyub and Mr. Patel held that the LOCs were unlawful because the journalists were not in the category of persons against whom LOCs could be issued since they were cooperating with the LEAs in the cases against them.

The 2018 amendment to the 2010 Office Memorandum has expanded the category of persons against whom LOCs may be issued. The amendment which is not publicly available states that Chairperson/Managing Directors/Chief Executive Officers of Public Sector Banks may request the opening of LOCs against fugitive economic offenders, willful defaulters and fraudsters. The legality of this amendment is questionable as Delhi High Court in Sumer Singh Salkan has held that LOCs can only be issued against those evading arrest and defaulters may not necessarily fit that criterion.

Despite the expansion of the categories, the law is settled that the Union Government cannot prevent a person from travelling abroad merely because they are critical of the government or intend to report on the activities of those who are critical.

Who can issue LOCs?

Initially, LOCs could only be issued by the Ministry of External Affairs, Customs and Income Tax Departments, Directorate of Revenue, Central Bureau of Investigation, Interpol, Regional Passport Officers and the Police. The 2010 Office Memorandum specified the authorities in each of these departments who could issue LOCs. The 2010 Office Memorandum was amended twice in 2018 to empower officers of the Serious Fraud Investigation Office and Chairperson/Managing Directors/Chief Executive Officers of Public Sector Banks to request the opening of LOC. The Delhi High Court in Shri Vikram Singh Sharma vs Union of India held that LOCs cannot be issued by a body which has not specifically been authorised by the MHA.

What is the procedure required to be followed by the LEA before issuing a LOC?

The LEA makes a request in writing for LOC to the concerned officer. The request must state the reasons for issuing such LOC. Thereafter, the concerned officer through an order shall give directions for the issuance of LOCs. A request for issuing LOC cannot come from statutory bodies such as the National Commission for Women (NCW). Only the authorities mentioned in the 2010 Office Memorandum are permitted to request LOCs.

The LOC, once issued and alive, is executed by the Bureau of Immigration.

What is the legal basis of LOCs?

LOCs are a creation of the executive and do not have any statutory backing yet. They derive their authority from Office Memorandums, which are essentially inter-divisional or inter-departmental communication between different ministries.

The Delhi High Court in Priya Pillai vs Union of India observed that the contention that the communications issued by MHA which empower authorities to issue LOCs are not ‘law’ has ‘much merit’ but decided to not strike down those communications as the petitioner, in that case, had not challenged the legality of those communications. Notably, the Bombay High Court is currently examining the legality of those communications but as of date, there is no stay on the power of empowered authorities to issue LOCs. Since the 2010 Office Memorandum continues to be a standalone executive instrument, the legality of the same remains a moot question and it is yet to be settled by the Apex Court.

We hope that this information helps you understand the law governing LOCs. The next guide on the series will discuss the digital rights of journalists.

DPDC has successfully conducted 37 sessions between Sep 2021 and Apr 2022 and the lawyers were able to provide pro bono legal aid to 31 journalists. If you are a journalist in need of legal aid, fill this form or write to us at [email protected].

This Guide was prepared with assistance from Bharucha and Partners. This blogpost or any other blogpost published as a part of this practical guide series does not constitute legal advice.

The offence of Sedition in India has taken a controversial shape in the recent past and has increasingly become a cause of concern for journalists. The offence is largely based on the principle that every state must be armed with the power to punish those who challenge the legitimacy of the State Authority by means of words, signs, visible representation or otherwise, which may result in disruption of ‘Public Order’. At the same time, sedition cannot be used as a tool to scuttle the fundamental right of freedom of speech and expression, as well as a journalist’s right to practice her profession, guaranteed under the Constitution of India (‘Constitution’).

What constitutes the offence of Sedition?

Section 124A was inserted into the Indian Penal Code in 1870, with the words "hatred" and "contempt" being added along with “disaffection” by an amendment in the year 1898. The provision, as it now stands, states:

Sedition - 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.

Explanation 1 - The expression "disaffection" includes disloyalty and all feelings of enmity.

Explanation 2 - Comments expressing disapprobation of the measures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.

Explanation 3 - Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.

Is the offence of Sedition as vague and broad as the text of the provision?

The Supreme Court of India in Kedar Nath (AIR 1962 SC 955) found that if read plainly, the provision curtailed the fundamental right to freedom of speech and expression in a constitutionally impermissible manner. However, instead of striking down the provision, the Supreme Court narrowed its scope, while upholding its constitutionality. As a result, the offence of sedition only punishes such actions, written or verbal, that are "intended to or has a tendency, to create disorder or disturbance of public peace by resort to violence."

Any attempt to bring a reform in the policies of the Government by lawful means or a fair criticism of its policies is not ‘sedition’.

What is the punishment for sedition?

Section 124-A of IPC contains three distinct kinds of punishments:

●   A fine,

●   Or imprisonment up to three years and a fine,

●   Or imprisonment for life and a fine

Determination of adequacy of punishment (whether fine or imprisonment or both) is within the discretion of the judge, which she must exercise judiciously. The text of the provision offers no guidance on how to differentiate between different cases and decide which kind of punishment is merited by which set of facts. The court, however, is guided by the general guidelines on sentencing laid down by the Supreme Court in its judgements over a course of time. This includes an enquiry into the allegations and evidence brought forth to prove the allegation as well as the numerous mitigating and aggravating factors.

Can anyone accuse me of sedition?

Yes. There is no restriction on who can file a complaint alleging sedition, or on the police investigating this allegation. However, there is a restriction on a court from proceeding ahead with the matter once the investigation is complete (which is discussed later on in this post).

I have just found out that an FIR has been registered against me for the offence of sedition. What should I be worried about?

Sedition is a cognizable, non-bailable and non-compoundable offence which is triable by a Court of Session. This essentially means that the Police can exercise the powers of investigation or arrest without the prior permission of a Magistrate. As a necessary corollary, you may have to face arrest, search, seizure, and even attachment of property — of course, if the police have justifiable reasons for using such powers.

Since the offence of sedition is non-bailable, you have no right to be released on bail upon arrest. Instead, bail may be granted by a court if it finds reasons justifying your release. These reasons are subjective and depend on a case to case basis, but broadly factors such as the possible threat to witnesses and sanctity of investigation, seriousness of allegations, antecedents of the person concerned, and requirement of custody from the standpoint of the investigation are some common factors considered to decide bail.

What can I do to protect my liberty?

If you have reason to believe that you have been accused of sedition—no matter whether an FIR has been registered or not—and you apprehend that the police may arrest you, then one option to proactively protect your liberty is to consider seeking ‘Anticipatory Bail’ under section 438 of the Code of Criminal Procedure, 1973 from the concerned court. Remember, anticipatory bail is not to be given for the asking, and going down this road also involves risks. You should speak to a legal professional for advice.

If you think that the accusation is malicious or otherwise false, then you may also consider taking steps to get the FIR quashed and file for a ‘Quashing’ of the FIR itself before the concerned High Court. Such relief is exceptional in nature and can only be granted by a High Court or the Supreme Court of India, where the court must be convinced that the allegations are either baseless, or malicious, or even if taken at their highest they do not make out the alleged offence in law.

You should speak to a legal professional for advice before taking either of the steps.

If you are an accused, can the police check your phone during investigation?

Yes. Since police officers have the power to search and seize the mobile phone of any person, with or without a warrant (with recorded reasons in the latter case), they can ask to check your phone. The police may even ask you to surrender your phone. It is quite likely that the material found on your phone may be used against you.

The Karnataka High Court in 2021 has held that an accused person has a duty to cooperate with the investigation and even disclose the password to a mobile phone, but this may not be a correct position of law and is debatable. You should speak to your lawyer to determine the most appropriate course of action.

(A helpful guide on the issue may be accessed here)

What happens if I get arrested?

As a matter of procedure, once you are arrested, the police are duty-bound to inform a next friend about your arrest, inform you of the grounds of arrest, get your medical examination done and produce you before the nearest or concerned Magistrate within 24 hours of arrest.

In the event of an arrest, please seek professional legal assistance to understand the allegations and get advice on next steps. This may include seeking bail by moving an application before the concerned court. Even if a bail application is rejected, you can challenge this rejection before the superior court, going all the way up to the Supreme Court.

A subsequent application can be filed later before the same court, where you must demonstrate what change in circumstances has occurred since the previous bail rejection that a court ought to grant bail this time around.

What happens after the police completes an investigation?

Once the investigation is complete, the police will file a report with the court. It will either recommend that the case be closed (‘Closure Report’) or recommend that you should be tried for the offence (‘Chargesheet’) with or without reserving the right for further investigation. A court will require you to appear once the police files its report, by either issuing summons or warrants for securing your presence.

The court can always disagree with the opinion of the Police, it may decide to close a case even if the police recommend prosecution, or vice versa.

Once you appear in court, you will be supplied with a copy of the police report by the court. Since sedition offences can only be tried by Session Court, the case will be sent to the Sessions Court once the formalities around supply of all documents are complete. This court must decide whether charges should be framed for a trial to proceed, or whether you should be discharged without trial.

Trial itself involves recording of evidence, beginning with the prosecution case where you get a chance to cross-examine the prosecution witnesses. After this, you will be asked to tender a ‘statement’ without oath, and then given an option to lead evidence in your defence. The court hears arguments once evidence concludes, and then decides the case by recording a finding of innocence or guilt. If you are convicted, then sentencing hearings will be conducted.

What are the Defence(s) to the offence of Sedition?

When a case of sedition has been registered against a journalist, it is most likely that the explanations to Section 124A may be applicable in protecting the journalistic work. As per the explanation, any comments made in disapprobation of the measures of the government with a view to seek a change will not constitute sedition. The comments, however, cannot be such that they excite hatred, contempt or disaffection. This also covers comments expressing disapprobation of any administrative action of the government.

The explanations were recently considered by the Supreme Court in Vinod Dua v Union of India (Writ Petition (Criminal) No. 154/2020), a case where Senior Journalist Vinod Dua was accused of sedition for his critical comments about the Government and particularly the Prime Minister on the measures adopted by the Government in response to the Covid-19 situation. The Court also specifically mentioned that journalists were entitled to the protection under Kedar Nath Singh. Before this, the Supreme Court, in Aamoda Broadcasting Company v. Pvt. Ltd. v. State of Andhra Pradesh (2021) SCC OnLine SC 407 also expressed strong reservations against accusing Journalists of the offence of Sedition.

We hope that this information helps you understand your rights as a journalist reporting in India. The next guide on the series will discuss digital rights of journalists.

DPDC has successfully conducted 33 sessions between Sept 2021 and Mar 2022 and the lawyers were able to provide pro bono legal aid to 29 journalists. If you are a journalist in need of legal aid, fill this form or write to us at [email protected].

This Guide was prepared with assistance from Bharucha and Partners. This blogpost, or any other blogpost published as a part of this practical guide series does not constitute legal advice.

From Akshay Kumar’s defamation suit against a YouTuber from Bihar claiming damages worth 500 Crore to Republic TV issuing a defamation notice to stop Navika Kumar criticizing Arnab Goswami, defamation has become a commonly sought remedy against journalists, activists, politicians or anyone expressing their views on a public platform. This is a growing concern since defamation laws are being misused to silence critics; which may be a death knell to democracy. Most of these defamation claims arise out of one expressing their views over actions of others. This blog is aimed at introducing the readers to civil and criminal defamation to enable journalists to understand how the law may impact them.

What is Defamation?

Under Indian law, right to reputation is considered as an intrinsic part of right to life. A defamation claim lies when a person’s reputation is maligned. In lay person’s parlance, defamation is any message conveyed to a third person bringing bad repute to a person (deceased or alive) such that it lowers the moral or intellectual character or credit of that person in the estimation of others. Defamation in India is actionable under both civil and criminal law.

What is Civil Defamation?

Under civil law, a person may approach the court by filing a civil suit seeking monetary compensation for damage to reputation or an injunction preventing the dissemination of allegedly defamatory material.

What are the conditions to constitute Civil Defamation?

To constitute defamation under civil law, three conditions must be satisfied; First, the statement must be defamatory in nature i.e. which may harm the reputation of an individual. Second, the statement must specifically refer to a person or a group of people. Third, the statement must be made known to any third party other than the person against whom the statement was made. In order to succeed in a defamation suit, the Plaintiff must prove that the statement was more likely to be defamatory than not. Thus, the standard of review is one of ‘preponderance of probabilities’.

What are the defences in a civil suit for defamation?

1. Truth: A statement that harms the reputation of a person is not defamatory if the statement is the truth.
2. Privilege: Individuals may be protected from a claim of defamation by privilege conferred on them by law.
3. Fair Comment: Statements which clearly express an opinion are not considered to be defamatory.

What is Criminal Defamation?

At the outset, while defamation is a criminal offence under Section 499 of the Indian Penal Code , it is non-cognizable and bailable.

How is a case for Criminal Defamation initiated?

A person alleging criminal defemation must file a complaint with the concerned court, and the court can direct the police to investigate whether the offence was committed.

Can the police arrest you without a warrant?

The police cannot arrest a person accused of this offence or even investigate whether the offence was committed unless a court takes cognizance of the offence. After the magistrate takes cognizance of complaint, they may direct the police to investigate. Even during such investigation, the police cannot arrest the accused. Once the police completes it’s investigation and submits report (‘Chargesheet’) to the Magistrate, the Magistrate may summon the accused. It is only at this stage the accused must appear before the Magistrate. If the accused does not appear, the Magistrate may issue a warrant and then the police may arrest.

What is the standard of proof?

To convict a person under criminal law, the complainant must prove beyond ‘reasonable doubt’ the conditions provided under civil law. They must also demonstrate that accused intended to defame them and provide proof that the allegedly defamatory content lowered their reputation amongst the public. However, the complainant can neither claim compensation nor an injunction under criminal law.

What are the defences in a criminal proceeding alleging defamation?

Section 499 of the IPC also lays down exceptions where statements made by an individual will not be considered to be defamatory. Some of the most common and relevant exceptions are:

1. Truth for Public Good: The threshold is higher since mere truth alone is not a sufficient defense, but it must be shown that the publication of the truth was for public good or in public interest.
2. Opinion regarding public conduct of public servants only to the extent of his conduct or character as is borne out from the discharge of public function. For example, an opinion regarding a District Collector of his or her bad performance of handling the pandemic might not amount to defamation.
3. Opinion regarding the character of any person touching a public question.
4. Critical appraisal of published books, paintings, public speeches, court proceedings, judgements, and stage performances fall under this exception.
5. Caution for public good or for benefit of person cautioned: A caution in good faith for public good or for benefit of the person to whom caution is conveyed is not considered defamatory.

How should journalists respond to Defamation Notices?

The first step to initiate a defamation suit, either civil or criminal, is to send a legal notice to the person who has allegedly engaged in defamation. Journalist often receive such notices from time. A legal notice indicates that the sender is willing to file a case in court in case the conditions put forth in the notice are not addressed. These conditions may range from a request to remove the allegedly defamatory content from social media/news websites to monetarily compensating the sender.

If you receive such a notice, you must immediately contact your lawyer and ask them to draft a response. In response to the notice, you must ensure that your lawyer - 1) responds to every statement made in the legal notice; 2) responds to the conditions put forth in the legal notice in accordance with your instructions; and 3) sends the reply to the sender or their lawyer by registered post and keeps a copy with themself. You must thoroughly read the reply before it is sent.

Is Criminal Defamation constitutional?

The constitutionality of this provision was challenged in Subramanium Swamy & Ors vs Union of India, (2016) 7 SCC 2021 on the ground that it inhibits dissenters and critics of the government from freely expressing their opinions. The challenge however was unsuccessful as the Supreme Court viewed  criminal defamation as a ‘reasonable restriction’ on the freedom of speech and expression.

Criminal defamation law is draconian and needs a revisit to keep pace with the dynamic society and the evolution of technology. In the upcoming blogs, we will discuss SLAPP suits, things to be kept in mind while reporting against individuals and organizations and explore greater nuance with respect to qualified privilege afforded to journalist.

We hope that this information helps you understand your rights as a journalist reporting in India. The next guide on the series will address the issue of sedition.

DPDC has successfully conducted 29 sessions between Sept 2021 and Feb 2022 and the lawyers were able to provide pro bono legal aid to 24 journalists. If you are a journalist in need of legal aid, fill this form or write to us at [email protected].

This Guide was prepared with assistance from Bharucha and Partners. This blogpost, or any other blogpost published as a part of this practical guide series does not constitute legal advice.

Introduction

Advent of technology in the past decade has led to a boom in electronic media. The press, which now includes not only print media but also digital media (e-papers, blogs, digital news aggregators, apps, etc.), has a wider outreach than its traditional form. This allows faster dissemination of information and facilitates real-time reporting and commentary. The manifold-increase in audience puts added responsibility on journalists to avoid the spread of disinformation and also requires the State to develop tolerance towards widespread criticism to ensure that the right to freedom of press does not merely remain on paper.

Journalists claim that journalistic freedoms in India are more under threat than ever. Between 2015 and 2021, 19 cases of sedition have been filed against 38 journalists in India. There has also been an increasing number of instances where journalists have faced (or are facing) defamation actions (civil and criminal), physical attacks, and hate speech for their critique. At a time like this, it is important to remind all journalists about the rights they possess under the Indian Constitution and how they can effectively enforce them.

As a part of this Practical Guide Series, in collaboration with Bharucha & Partners, we provide a comprehensive guide on the rights available to journalists in the Indian legal regime and offer practical tips. Through various parts of this Series we will cover issues relating to the reasonable restrictions on free speech, civil and criminal defamation, offences against the State (including sedition and the Unlawful Activities Prevention Act), the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, reporting on ongoing investigations, safety of female journalists, use of facial recognition technologies and other laws affecting the freedom of speech of journalists.

In part I of this series, we discuss the fundamental rights available to journalists under Article 19 of the Indian Constitution and the reasonable restrictions placed thereon. This is the starting point from which all rights and restrictions that will be discussed in this Practical Guide flow.

What is the Right to Free Press?

The right to freedom of press is integral to a democracy and flows from the right to freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution of India. Freedom of press means that the Press has the freedom of publication, freedom of circulation, to engage in political discussions, and freedom against pre-censorship. But it must be noted that, the liberty of the press stands on no higher footing than a citizen’s right to freedom of speech and expression and no privilege attaches to the Press as such.

Other rights that form a part of the press’ right to freedom of speech and expression are given below:

Apart from the freedom of press, journalists, as individuals, have a fundamental right under Article 19(1)(g) of the Constitution to carry on their profession freely. They also have a fundamental right to move freely across the country, under Article 19(1)(d), and to form associations or unions, under Article 19(1)(c). All these rights, however, can only be enforced against the State and not against private individuals or entities.

Is this right absolute, or are there limits to it?

The Indian Constitution does not consider the right to freedom of speech and expression as absolute. It places reasonable restrictions on the exercise of such rights. Therefore, the aforementioned rights are to be exercised with caution. The reasonable restrictions can be placed in the interest of:

• Sovereignty and integrity of India
• The security of the State
• Friendly relations with foreign States
• Public order
• Decency or morality
• In relation to contempt of court
• Defamation
• Incitement to an offence

Similarly, the State can make laws that reasonably restrict the fundamental right to practise any profession, or to carry on any occupation, trade or business in the interest of the general public.

This means that you cannot do things like:

• Trespassing on  private property to report;
• Crossing barricades/lines placed by the police at crime scenes to report;
• Violating any legally implemented location restrictions or barriers;
• Recording video or audio of law enforcement activities, when such recording is causing interference with or obstructing law enforcement activity;
• Escalating an enquiry/confrontation with a police officer by touching them or directly disobeying a lawful order; or-
• Publishing stories defaming a person without any backing evidence or when you know it is not true;

“What feels illegal, but isn’t”

• Fair criticism of government policies or actions
• Fair criticism of specific act of those in power
• Factual investigation of instances of communal violence
• Reporting a rape case without revealing the identity of the victim
• Reporting on communal violence
• Reporting on protests against government policies or actions

If a government agency, or officer prevents you from reporting on any issue on any grounds other than the ones mentioned above, they are said to have unreasonably restricted your rights.

Restrictions

From a practical lens, restrictions on the right to free speech, or to practice one’s profession or to move freely can be categorised into two heads (i) restrictions imposed by the State by enacting laws, and (ii) those imposed by the police by implementing them at their discretion.

By the State
A restriction placed on the exercise of Article 19(1)(a) can be in the form of a legislation, delegated legislation (regulations), or an executive order. For example,

• Section 66A of the Information Technology Act, 2000 (IT Act) was declared unconstitutional by the Supreme Court. The section penalised sending “offensive messages” via online communication. Owing to excessive vagueness in the law, the provision was often abused by enforcement authorities and caused a chilling effect on speech over the internet,
• Section 69A of the IT Act allows the executive to pass orders for blocking and takedown of online content,
• government officers passing local orders restricting reporting on COVID-19, etc.

The validity of these restrictions is ultimately decided by a constitutional court of law, i.e., the high courts or the Supreme Court of India. The following standards have previously been applied by courts of law to adjudge the reasonableness of a restriction:

• Reasonableness of the restriction is to be determined and not reasonableness of the law.
• Reasonableness will be identified by an objective standard and not by a subjective one. It will be decided from the point of view of what a normal reasonable man would feel.
• The restriction cannot be be arbitrary or of excessive nature and should have a reasonable relation with the object it seeks to achieve
• An indicative list of 5 factors has been considered in the past to establish reasonableness:
  • Nature of the right infringed
  • Underlying purpose of the restriction imposed
  • Extent and urgency of the evil sought to be remedied
  • Disproportion of the imposition
  • Prevailing conditions at that time
  • Restriction imposed for securing objects laid down in the Directive Principles of State Policy may be regarded as reasonable

By the Police
The restrictions placed on the exercise of fundamental rights in the Indian Constitution come with a possibility that they can be imposed at the whims and fancies of police officers. This makes Part III of the Constitution on fundamental rights not only restrictive, but also, arbitrary since it is subject to individual views, opinion and interpretation of police officers. Similar issues can arise even in delegated legislations which grant unguided and unbridled powers to government officers to restrict fundamental rights.

What can you do if your rights are being unreasonably restricted?

If the exercise of your fundamental rights mentioned above is unreasonably restricted, you can challenge such restriction before the various high courts or the Supreme Court in a writ petition. The onus is on the State to justify the restriction and not on you to prove that it is invalid.

A writ petition can be filed under Article 32 of the Indian Constitution before the Supreme Court for enforcement of fundamental rights. Whereas, a writ petition can be filed before any high court in the country under Article 226 for enforcement of not only fundamental rights but also any other legal right.  In that sense, the scope of Article 226 is wider and covers a wider range of challenges as opposed to Article 32.

After a writ petition is filed, upon hearing the Petitioner, the courts may or may not ‘issue notice’ in the matter. In the context of a writ petition, it means that the matter has been admitted for hearing before the court and the Respondent is to be provided a notice of hearing. After the Respondent files a reply, and the Petitioner may file a rejoinder (if required), the pleadings stand complete and the matter is heard by the courts for adjudication. In the cases where additional documents are required to be submitted, the leave of the court has been taken by means of an application.  In cases where urgent relief is required, the Court may decide interim issues even before the pleadings are complete or sometimes (depending on the nature of the urgency) even before notice for appearing is issued to the other party.

We hope that this information helps you understand your rights as a journalist reporting in India. The next guide on the series will address the issue of defamation.

This Guide was prepared with assistance from Bharucha and Partners. This blogpost, or any other blogpost published as a part of this practical guide series does not constitute legal advice.

Internet use in India must be protected by the freedoms guaranteed in the Constitution of India. With this as its guiding principle, the Internet Freedom Foundation has been engaged in strategic litigation in order to foster incremental and long term change and impact. In 2021, IFF continued its work on issues affecting the freedoms of citizens in the digital space while responding to new challenges such as the Pegasus Spyware, governmental regulation of digital space, copyright infringement suits and anti-competitive practices of big tech. A snapshot of our work that defends your rights is provided here.

At the intersection of free speech and the right to access information lies press freedom. Motivated by the desire to help the increasing number of journalists approaching IFF seeking legal aid and assistance in order to defend their freedom of speech, IFF established the Digital Patrakar Defence Clinic in September, 2021 with the aim and objective to provide pro bono legal aid and assistance to journalists in need.

The Clinics were conducted on a weekly basis where journalists discussed their legal issues with lawyers Abhinav Sekhri and Sanjana Srikumar via a Zoom meeting, and sought advice and assistance; issues varied from defamation to labour issues to instances of personal harassment and more.

We have already provided direct legal representation to journalists in two cases, the details of which are below:

1. The Petitioners in this case are famous journalists and the case deals with the use of the Israeli malware ‘Pegasus’ on their mobile phones to carry out detailed surveillance activities. We filed a writ petition on behalf of the Petitioners before the Supreme Court in order to prompt the Central Government to conduct an investigation regarding the use of Pegasus ('attribution' continues to be a challenge, as it is not yet legally 'known' who was behind the use of Pegasus against Indian journalists), and for the Supreme Court to declare the use of Pegasus illegal. An interim order dated October 27, 2021 was passed in the matter by the Supreme Court appointing a committee of experts to investigate the alleged surveillance of the journalists.
   
   
2. The Journalist, in this case, was issued a notice under Section 5(2) of the Commissions of Inquiry Act, 1952 ('Notice') to furnish certain information in relation to his writ petition challenging the use of Pegasus spyware on their phone. Any person required to furnish information under the said provision is legally bound to do so, and attracts penal provisions under the Indian Penal Code, 1860 when information is not provided or false information is provided. Further, the Commission has demanded that the concerned journalist hand over his phone for forensic analysis to the Commission. Since the notice was received by the journalist without any proactive involvement on their part, and also carries the threat of potential penal action, we are assisting them to ensure that the investigation is conducted fairly and that they are not subjected to further harassment or endangerment, as a result of their participation in such investigation.
   

We have also provided legal advice to 15 journalists with various issues - an anonymised summary of a few cases highlighting the issues faced by journalists is mentioned below:

1. A journalist who runs a local newspaper in Central India was facing criminal and civil defamation cases before a District Court in North India in relation to an article written by them about the favouring of a private contractor by a senior Indian Administrative Service officer. Their issues were: (i) regarding the matters not coming up for hearing, and (ii) transfer of the case to their hometown in Central India. Mr Sekhri answered their questions and informed them that (i) there are delays in listing of matters at the concerned district court due to COVID, and (ii) a transfer petition can be filed before the Supreme Court seeking the transfer of the cases from the concerned district court to a court in their hometown.
   
   
2. A journalist was pursuing a story against an entity that had promised to provide low-interest loans to villagers, but was found to have doubled the rates after the  loan agreements were signed. The journalist sought pre-publication guidance for writing on this issue. Mr Sekhri advised him that he be wary of the following: (i) the language used, (ii) the entity’s right of response, and (iii) use of sufficient caveats in his work.
   
   
3. A journalist who was arrested for two separate cases allegedly running a daily newspaper and a hospital in an unauthorised and illegal manner in a district in Central India, reached out to us for assistance. His arrest was ostensibly a State response to his coverage of government ineptitude during the second wave of Covid-19. We conducted extensive review of documents, and provided legal advice. On appeal, bail was granted to them in all matters.
   

With the launch of a new project, also came various setting-up activities, which we undertook (and continue to undertake) to maximise the strength of our network, which will ensure that more and more journalists are able to avail the Clinic’s legal aid services. The activities included creating a website with the help of IFF volunteers, creating content in the form of blog posts, partnering with law firms, journalist’s organisations and other not-for-profit organisations, and conducting events and seminars.

We would like to thank Madhushree and Prashant Matta for designing our website, and Krishna Acondy and Kartik Choudhary for developing it. We would also like to thank our promotional, content and on-ground partners - FMP, DigiPub, Bharucha and Partners, and Dhwani Legal Trust.

What’s in store for the Clinic in 2022?

With the foundation of the Clinic in place, we will continue to offer legal aid services to as many journalists as possible. We will create practical guides and publish content that would help journalists understand the legal rights and remedies available to them. We will continue organising periodic events and workshops discussing contemporary legal issues faced by journalists.

We are approaching the next year with a positive outlook and understand that the new year will come with its challenges. We believe that our learnings in the short duration of our new project would keep us afloat and help us make 2022 a better year for journalism in India.

Apart from this, we look forward to your suggestions on what we can do better? Reach out to us by [filling in this form] and let us know what we should focus on in 2022, or let us know how we can make our existing work more effective.

Lastly, we are thankful to the volunteers and the partners who came on board to work on this project. And, as always, we are thankful to our members without whose support, belief and trust in our work, this initiative would not have been possible!