The Indian general election is promoted as the biggest demonstration of mass-participation democracy in the world. Nearly a billion people are eligible to vote in a process lasting six weeks.
The big Issues of development, the economy, corrruption, unemployment are well ventilated. But as the spectacle of the Indian election unfolds, it also provides an opportuity to take stock of one of the pillars of any democracy – the state of the media.
In response to what it calls the sharp decline in press freedom in India, Reporters Without Borders (RSF) has urged political parties fielding candidates in the general election to commit to ten concrete measures that aim to defend the right to reliable news and information and protect journalists.
Since Narendra Modi became prime minister in 2014, India has fallen to as low as 161st out of 180 countries in RSF’s World Press Freedom Index due – says the RSF – to a dramatic intensification of the persecution of the media.
At least 28 journalists have been killed since 2014 and nine are currently imprisoned. The RSF says terrorism laws are being misused to persecute media personnel, police and tax agencies are constantly deployed to silence independent media, and journalists are routinely subjected to the scourge of disinformation campaigns, while access to India is getting increasingly restricted for foreign journalists.
“It is unacceptable that the country portrayed as the world’s biggest democracy now lacks so many of the safeguards needed to sustain a free and diverse press. It is unacceptable that Indian journalists and foreign reporters are subjected to so much obstruction in their day-to-day work,” said the regional head of RSF Celia Mercier.
“There is an urgent need for political parties to affirm their commitment to safeguarding the public’s right to reliable, diverse and independent information, and to adopting measures to end the continuous erosion of press freedom seen in India during the past decade.”
* “Negative reporting” forces journalist out of India
RSF has identified ten key measures for candidates to adopt as a matter of urgency:
1) Immediately free the nine arbitrarily detained journalists, including five from the Jammu and Kashmir region
2) Overhaul the terrorism laws so that they can no longer be used to persecute journalists. The Unlawful Activities Prevention Amendment Act and the Public Safety Act are often used against journalists.
3) End the censorship and surveillance of journalists. New legislation allows, or will allow, the censorship of publications, surveillance of journalists and violation of the confidentiality of sources. This is the case with the Telecom Bill, the Broadcasting Services (Regulation) Bill, the Information Technology Amendment Rules, and the Digital Personal Data Protection Act.
4) Establish an independent commission of enquiry into cases of spying on journalists.
5) Protect the confidentiality of journalists’ sources. The seizure of journalistic equipment must be limited to strictly defined exceptional circumstances and subject to the control of an independent judicial authority. This is essential in order to safeguard the confidentiality of journalists’ sources, which are currently not protected because journalists’ equipment can be seized without restriction.
6) Safeguard pluralism by regulating media concentration
A small number of private-sector companies and conglomerates currently own India’s leading media outlets. Legislation must be introduced to end these monopolies and restrict cross-ownership in order to safeguard pluralism.
7) Adopt mechanisms for protecting journalists. A mechanism must be established for guaranteeing the physical and digital safety of journalists, especially those who say they are being threatened, as was the case with Nikhil Wagle, a freelance journalist who was recently attacked in the western state of Maharashtra, and Nesaprabhu, a News7 reporter who was attacked by a gang armed with knives and machetes in Tamil Nadu in January. Measures must also be taken to combat the online harassment of journalists and media, which is now widespread.
8) Put a stop to arbitrary Internet shutdowns. India leads the world in arbitrary cuts to Internet access. In 2023, the authorities shut down the Internet for a total of 5,000 hours in Manipur alone. These shutdowns, which violate international law, obstruct journalists’ work and encourage the spread of fake news and disinformation, especially during elections.
9) End the restrictions on access to certain parts of the country. In February, reporters were denied access to Haldwani, a locality in Uttarakhand. Foreign journalists have to obtain special permits to visit 10 of India’s 36 states and territories. Jammu and Kashmir, in particular, is almost totally inaccessible for them.
10) Safeguard the foreign media’s right to cover India. India has stepped up reprisals against foreign journalists, above all by giving them shorter visas or denying them work permits. French journalist Vanessa Dougnac is a prime example of the difficulties for foreign reporters trying to cover India. After being based in India covering the country for more than 20 years, she was finally forced to leave in February.