Anti-journalist clauses in POTO toned down
By Indo Asian News Service
The Indian Cabinet
met on December 6 and decided to tone down one of the anti-media clauses in the
Prevention of Terrorism Ordinance. This is section 3 (8) which places
responsibility on all persons to disclose information which the person knows or
believes to be of material assistance in preventing any terrorist activity as
soon as reasonably practicable to the police.
The contentious provision would have made it mandatory for journalists reporting on terrorism to share privileged information with security agencies. Journalists were given to believe that this clause would be deleted, but the details of the amendments agreed upon will be known only when the bill is introduced in the Lok Sabha next week. This section had providede a one-year jail term for any one who failed to disclose terrorist-related information.
However, the government decided to leave another clause, section 14, untouched. This makes it obligatory to furnish information in respect of a terrorist offence. Failure to furnish the information called for or deliberately furnishing false information to investigating officer shall be punishable with imprisonment for a term which may extend to three years or fine or both. The investigating officer can call for such information only with prior approval in writing of an officer not below the rank of Superintendent of Police.
Meanwhile in New Delhi on December 5, Indian Home Minister L.K. Advani Wednesday had used a gathering of journalists to declare that the government proposed to amend POTO to exclude the media from its ambit. He was speaking at a function held to launch the construction of a multi-million-dollar National Media Centre in the heart of the city. The proposed law is to be debated by Parliament next week.
Advani, however, hinted that the government might not change other provisions in the proposed law despite widespread criticism from the opposition that fears it could be used to browbeat the innocent.
"Even if we are not able to resolve other apprehensions, at least we would soothe the anxieties of the media about this proposal," said Advani, who more than anyone else has been pushing for the anti-terrorism law in the government of Prime Minister Atal Bihari Vajpayee.
His remarks follow increasing concern in the Indian media over the proposed law¿s provision that would have reportedly forced journalists to disclose their sources and related information on suspected terrorists.
The Editors¿ Guild of India has said it was studying the draft legislation to assess its implications. In the last few days several organisations of journalists have protested against the planned measure.
Advani made his comments after Vajpayee laid the foundation stone for the media centre that would come up at the site of a British-built bungalow that had briefly served as a press club.