Kerala Police Act: Five-year Imprisonment or Rs 10,000 Fine or Both For ‘Derogatory’ Post | Governor Gives Approval to Controversial Ordinance

Under the amended sections of the legislation, the accused (who produce, publish or disseminate content through any means of communication with an intention to intimidate, insult or defame any person through social media), may face imprisonment for up to five years or a fine of up to Rs 10,000 or both.  

New Delhi: Kerala Governor Arif Mohammed Khan has signed the southern state’s Police Act Amendment ordinance, passed by the ruling Pinrayi Vijayan-led LDF government to punish those found guilty of spreading derogatory or defamatory by any means of communication, including social media.

Under the amended sections of the legislation, the accused (who produce, publish or disseminate content through any means of communication with an intention to intimidate, insult or defame any person through social media), may face imprisonment for up to five years or a fine of up to Rs 10,000 or both.

Expressing concern over the rising crime graph, fake propaganda and hate speech on social media since the outbreak of COVID-19, the LDF government had said since cyber attacks are a major threat to private life, it has been decided to amend the police Act as the existing legal provisions were inadequate to fight such crimes.

It said while the Supreme Court had repealed section 66-A of the IT Act and Section 118 (d) of the Kerala Police Act on the grounds that these were against freedom of expression, the Centre has not introduced any other legal framework. “In this scenario, the police are unable to deal effectively with crimes committed through social media,” the government had stated.

The Opposition parties, on the other hand, claimed that the amendment would give more power to the police and also curtail the freedom of expression.

“When the Supreme Court took a stand against such a law in 2015, CM praised it and made it a political campaign. He’s now is trying to control social and mainstream media by bringing this draconian Act. This law is a sham to prevent violence against women”, said Kerala BJP president K Surendran.

“Anyone is free to make any strong criticism within the limits of the Constitution and the legal system. In addition to media freedom, the government has a responsibility to protect the individual liberty and dignity guaranteed by the Constitution”, he asserted.