The global pandemic hit India in March 2020 and Prime Minister Modi announced a 21 day lockdown beginning on 25th March 2020. Since then the lockdown has been extended multiple times as the country grapples with a major public health crisis. Media houses have been on their feet, both literally and metaphorically, as they cover new stories, cases and most importantly, the state response towards the pandemic. The citizenry relies on news reportage to learn more about their government’s approach towards handling this unconventional situation. Media is often regarded as the fourth pillar of democracy meaning it is a supporting figure for democracy to persist and flourish. The pandemic has exposed some paramount inadequacies in the government’s handling of the situation such as lack of a robust public health infrastructure and other issues. The reportage on such instances has often faced backlash from the government resulting in legal notices against the journalists and media houses. India also dropped two places in the World Press Freedom Index making it 142nd in position citing the curfew in Jammu and Kashmir. The watchdog has also issued a warning about the implications of the pandemic, “the looming health crisis could serve as an excuse for governments to take advantage of the fact that politics are on hold, the public is stunned and protests are out of the question, in order to impose measures that would be impossible in normal times” (Scroll Staff, 2020).
Media is often regarded as the fourth pillar of democracy meaning it is a supporting figure for democracy to persist and flourish.
Two patterns can be observed with regards to media freedom in India during a time like this; furthering a certain narrative through misinformation and misrepresentation and carrying out state-sponsored propaganda. In this lockdown, the state wants a narrative which eulogizes their efforts during the lockdown and overall handling the situation. However, there are major loopholes in the measures taken by the government which has led to the system failing its most vulnerable class of individuals; the marginalized and the poor. The state has also taken this time to strike upon certain civil liberties and advance their propaganda by curbing dissent.
Misinformation and misrepresentation of certain communities has been rampant during this time. Nabeela Khan, in an article called Trends in Covid19 misinformation in India for Health Analytics Asia categorizes the spread of misinformation in four waves. First, misinformation about the origin of the virus, this has been debated not just in India but worldwide where they have accused China of producing this virus in a lab and spreading it to use to its advantage. There have also been multiple other theories available online related to consumption of certain meats in China. Second circulation of old images and videos to create fear, in this case the Tablighi Jamaat incident was highlighted immensely and videos from before the pandemic were used to show that ‘Muslims’ in India spread the virus. Third, on ‘cures’ and prevention techniques which is particularly famous on several WhatsApp groups where home-made remedies of lemon, honey, turmeric or any other ‘Ayurvedic’ cures are posted every day. And fourth, on lockdowns in India, where the news of lockdown being extended were spread even before the official announcements were made. Increasingly, there has been excess confusion over the surging numbers in India and whether or not governments give out the exact figures. Additionally, there is no clarity about government aid and funding towards the poor such as the internal migrants in the country.
Kaye makes an important point as he says that the governments are using the pandemic as a smokescreen to carry forward their agenda and take actions that they have wanted to take for a long time.
The UN Special Rapporteur David Kaye, talks to The Lawfare Podcast about his latest UN report Disease, pandemics and the freedom of opinion and expression. Kaye makes an important point as he says that the governments are using the pandemic as a smokescreen to carry forward their agenda and take actions that they have wanted to take for a long time. He gives an example from Hungary where the Press is under strict scrutiny of the government. Since the coronavirus is a recent occurrence, there is not a very large body of information available on it. The information keeps changing as cases increase or decrease, as there are multiple waves of it so the orders issued by the government are subject to change. He also particularly criticizes India for its treatment of Jammu and Kashmir since August 2019 and calls it “a real misuse of the situation”.
Journalists and activists across the world have been arrested during this lockdown and India is no exception to this trend of suppressing free speech. Siddharth Varadarajan, Gautam Navlakha, Anand Teltumbde, Safoora Zargar, Umar Khalid, Dhaval Patel, Supriya Sharma among many others have either been arrested or served notice by the government during the lockdown. These journalists have either been arrested on the grounds of their reportage of the pandemic, during the pandemic or incidents that took place before the pandemic.
An FIR was lodged against Siddharth Varadarajan, one of the founding editors of The Wire, an acclaimed media house, on the grounds of making unverifiable claims. Varadarajan tweeted on March 31st saying that UP Chief Minister Yogi Adityanath had given a go-ahead for the Ram Navami festival to be held from March 25th to April 2nd, in the middle of the lockdown and Yogi also said that “Lord Rama would protect the devotees from coronavirus”. As a matter of fact, it was Acharya Paramhans who gave out this statement and not CM Adityanath and Varadarajan tweeted a clarification the following day. On April 10, police from Ayodhya showed up at his doorstep in Delhi to serve him notice and his wife Nandini Sundar explained this instance elaborately in her tweets. However, this act only suggests the government’s misuse of power and tactics to pursue a culture of intimidation. It could be argued that the journalist was peddling unverified claims but CM Adityanath in fact supported the decision to have a Ram Navami mela. The Wire has published an elaborate FAQs list on this matter explaining every detail of it. It has also been condemned by the Editors’ Guild of India who have called this episode “an overreaction and an act of intimidation”.
Journalists and activists such as Gautam Navlakha, Anand Teltumbde, Safoora Zargar, Umar Khalid, Sharjeel Imam etc. have been booked under the UAPA, Unlawful Activities Prevention Act. This Act was formulated as a law in 1967 to prevent any ‘unlawful’ activities or any measures which threatened the integrity and sovereignty of India. In 2004, the UPA government expanded on it further to target terrorist outfits or any organizations harming the state but not individuals. The 2019 Amendment of the Act has entrusted the government with identifying individuals who might be harming the integrity of the state, the definition of which the government decides. The contemporary term used for such people on social media and other platforms is ‘urban naxals’. Student activists and journalists have been booked under this act for protesting against oppressive government laws which promotes a narrative that dissent is by its very nature, ‘anti national’. There have also been cases where activists have been arrested, then granted bail and arrested again based on some other complaint. Safoora Zargar’s case is a particularly complex one in this regard where she was arrested after she was granted bail and was granted bail again recently on humanitarian grounds. Zargar is five months pregnant which was the basis of her bail but the discourse around this has been to release her not because of her pregnancy because dissent is a fundamental right.
The moment we no longer have a free press, anything can happen. What makes it possible for a totalitarian or any other dictatorship to rule is that people are not informed; how can you have an opinion if you are not informed? If everybody always lies to you, the consequence is not that you believe the lies, but rather that nobody believes anything any longer. This is because lies, by their very nature, have to be changed, and a lying government has constantly to rewrite its own history – Hannah Arendt
Praveen Swami makes a compelling argument in a FirstPost article about hate speech and freedom of speech. He opines that the response to hate speech is not censorship but plurality where opinions are allowed to coexist. In India, a large part of the Press is controlled and supported by the government leading them to produce streamlined biased news. According to him, alternatives need to come up for hate speech where the dominant narrative does not remain unchallenged.
To conclude, Hannah Arendt’s cautioning words on freedom of press and misinformation are very relevant today and sounds the alarm bells:
“The moment we no longer have a free press, anything can happen. What makes it possible for a totalitarian or any other dictatorship to rule is that people are not informed; how can you have an opinion if you are not informed? If everybody always lies to you, the consequence is not that you believe the lies, but rather that nobody believes anything any longer. This is because lies, by their very nature, have to be changed, and a lying government has constantly to rewrite its own history”
Reference
Bakshi, Asmita (2020, May 31) From Pinjra Tod to Kashmiri Journalists: What’s the Deal with UAPA?. Livemint. Retrieved from https://www.livemint.com/mint-lounge/features/from-pinjra-tod-to-kashmiri-journalists-what-s-the-deal-with-uapa-11590915249625.html
Chakma, Suhas (2020, June 22) FIR Against Supriya Sharma is Emblematic of how the Law is Abused to Throttle Press Freedom. The Wire. Retrieved from https://thewire.in/media/supriya-sharma-fir-abuse-law-press-freedom
Goldsmith, J (Host) (2016, May 16). The Lawfare Podcast: David Kaye on Free Speech During a Pandemic. (Audio podcast episode). In Lawfare. Retrieved from https://www.lawfareblog.com/lawfare-podcast-david-kaye-free-speech-during-pandemic
Khan, Nabeela (2020, June 12) Trends in Covid19 misinformation in India. Health Asia Analytics. Retrieved from https://www.ha-asia.com/trends-in-covid-19-misinformation-in-india/
Scroll Staff (2020, April 21) Covid-19: India drops 2 places on World Press Freedom Index, as watchdog warns of pandemic impact. Scroll.in. Retrieved from https://scroll.in/latest/959816/covid-19-india-drops-2-places-on-world-press-freedom-index-as-watchdog-warns-of-pandemics-impact
Scroll Staff (2017, December 4) Top ten things that Hannah Arendt said that are eerily relevant in today’s times. Scroll.in. Retrieved from https://scroll.in/article/856549/ten-things-hannah-arendt-said-that-are-eerily-relevant-in-todays-political-times
Swami, Praveen (2020, April 27) Hate speech in the time of a pandemic: Answer to malevolent incendiary language is plurality, not censorship. Firstpost. Retrieved from https://www.firstpost.com/india/hate-speech-in-the-time-of-a-pandemic-answer-to-malevolent-incendiary-language-is-plurality-not-censorship-8295271.html
The Wire Analysis (2020, April 19) FAQ: What are the UP Police FIRs Against The Wire Actually about? The Wire. Retrieved from https://thewire.in/media/faq-up-police-fir-siddharth-varadarajan
The views expressed are the author’s own.
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