A draft report by a Press Council of India member suggesting several measures for journalists has been rejected by the council’s chairperson Ranjana Prakash Desai, saying that she is recording her “dissent” as she is “unable to concur with all observations and recommendations”.

The draft report on the “arrests, wrongful detention, and intimidation of media personnel”, titled “journalism is not crime”, urged the Narendra Modi government to introduce a national law for the security of journalists, give more teeth to the Press Council of India Act, codifying norms for law enforcement personnel, and constant monitoring of the challenges faced by journalists at all levels.

The report was prepared by PCI member Gurbir Singh and forwarded to the council on August 2. Desai recorded her dissent pertaining to several points mentioned in the draft on September 27. “My comments and dissent may be taken into consideration.”

To the recommendation about giving more teeth to the Press Council of India Act, Desai said that if punitive measures are to be introduced, they should also be applicable to “erring journalists”. On the need for codifying norms for law enforcement agencies, she said the “investigating agency must be allowed to investigate a case by adopting such procedure as it deems fit”.  

‘All paras on press freedom index have to be deleted’

Desai said that Singh was requested to collect relevant data “only from public domain” and prepare a comprehensive note and “take the help of any other member if found necessary”, but “no one member committee was appointed by the Council”.   

To the report’s mention of alleged attacks on journalists and misuse of the law, it said that it was “one-sided”, and “the entire note will have to be also forwarded to the government to obtain its views” on 14 incidents from 2015 to 2023. “When the press council submits any report on an important and sensitive issue, it always contains the version of both sides. This practice is followed  in all matters.”

On references to the press freedom index published by the Reporters Sans Frontiers and NGO India Freedom of Expression’s annual report on journalists targeted by state and non-state actors, Desai said the RSF index’s methodology was questionable and the PCI had earlier raised concerns about it with the French body, while the “authenticity and reliability” of the data of India Freedom of Expression should also be looked into and that it was “not acceptable as it contradicts Press Council’s stand”. 

In most of the cases of attack on journalists cited by Singh in the report, the PCI had taken suo motu cognisance or “issued notice pursuant to complaint received by it”, and in some cases, sub-committees were appointed to conduct inquiry, Desai pointed out. The note added that the matter is dropped if it is sub-judice under the Press Council Act, 1978. 

“In some cases referred to by Shri Gurbir Singh, the Press Council has no record to show that it has taken cognizance. Shri Gurbir Singh has also not produced any record in respect thereof. In those cases, the version of state or police authorities is not available.” 

“Unless the police and state’s version is incorporated in the note, it cannot be termed as a report.”

The note said that the draft can only take the shape of a report after the state and police authorities’ versions are obtained.   

What did the draft report say?

The report cited several alleged instances where the journalists were attacked for their work or arrested by authorities by “misusing” law. It also said that “ministers across party lines, and government functionaries, when threatened by news exposes, misuse enforcement agencies to act, often violently, against press persons”.

The report said that in the NewsClick case, a special cell of the Delhi police last year raided the homes of 86 persons, of whom 61 were journalists. Two of those detained were formally arrested and the police had seized 306 communication gadgets, including cell phones and laptops, and impounded the passports of four journalists.

It also mentioned the UAPA charges slapped on journalists by the Tripura government after the 2021 communal riots in the state. The report said that many state actors unfairly target the journalists. It said that similar precedent was witnessed after the February 2020 communal riots in Delhi, after which many journalists covering the conflict were arrested or detained and charged with instigating "communal tension”. These included journalists associated with The Caravan.   

It cited that as per RSF’s ranking on press freedom. India’s rank has only marginally improved by two spots to 159 out of 180 in 2024. Meanwhile, India Freedom of Expression’s annual report, released in May this year, said that 148 journalists in India had been targeted by state actors and 78 journalists were targeted by non-state actors, including criminals .

Meanwhile, in 2015, the report said, freelance journalist Jagendra Singh was murdered “at the instance of a Samajwadi Party minister Rammurti Verma after his repeated exposes of illegal sand mining and sexual assault on an Anganwadi worker”.         

Among other cases, it said freelance journalist Sandeep Mahajan was attacked by goons “connected to Kishore Patil”, an MLA of Eknath Shinde’s Shiv Sena, journalist Sanjay Rana was arrested and illegally detained “for raising questions to UP state education minister Gulab Devi in respect to election promises”, and Manipur journalist Kishorchandra Wangkhem was arrested three times between 2018 and 2021 “for critical comments against Chief Minister N Biren Singh”. Wangkhem was booked under provisions of the National Security Act.

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