"The promise we made to our journalist friends has been fulfilled today," said Chhattisgarh Chief Minister Bhupesh Baghel as his Congress government passed an anticipated law to protect journalists in the state on Wednesday, 22 March.
With crimes against journalists on the rise – and reporting in areas with Maoist presence posing dynamic challenges – the draft for the Chhattisgarh Media Personnel Security Bill, 2023, was prepared in 2020 by a committee comprising Justices Aftab Alam and Anjana Prakash, and the chief minister's advisor Ruchir Garg, among others.
In fact, when Chief Minister Baghel-led Congress government came to power in 2018, it had promised to enact such a law that would ensure the safety of journalists in the state.
"Our thinking is that the fourth pillar of democracy should fearlessly raise the voice of the people and continue to play public participation," noted Baghel right after the passing of the bill.
So, what are its contents? Who will it empower? How will it be implemented? The Quint has accessed a copy of the bill. We bring you all the details.
'Promise Fulfilled': Decoding Chhattisgarh's New Law To Protect Journalists
1. Who Is a 'Media Person' As Per the Bill?
One of the key features of the Chhattisgarh Media Personnel Security Bill, 2023, is that it attempts to clearly define the concept and scope of a 'media person'.
According to the bill, a 'media person' may be a journalist, stringer, freelancer, hawker, or even an 'agent' who is regularly involved in collecting and forwarding news or information to media persons or media establishments.
The bill also lays down a provision to register all media persons in the state.
It also defines the concept of a 'person who requires protection' as those who are registered as media persons as well as those who are in any way connected to them – and face threats of harassment, intimidation, or violence based on their connection to the media persons registered in the state.
The persons connected to a media person may include their technical support staff, driver, outdoor broadcast van operators, and others.
Speaking to The Quint, senior journalists in Chhattisgarh said the inclusion of persons connected to a media person under the ambit of the law "will help in ensuring they are all protected – and thus serve the true intent of the law."
Expand2. Who Is Eligible To Register as a Media Person?
As per the bill, the following persons are eligible to be registered as media persons:
A person who has at least six articles published in the media in the last three months
A person who has received at least three payments for news compilation from any media organisation in the last six months
A person whose photographs have been published at least three times in the last three months
A person who is certified by a media organisation to be working in the establishment as a media person
A person who is recognised by the government as a journalist or a media person who qualifies for accreditation as per the media worker rules in force at that time
A senior journalist, requesting anonymity, however, opined that the language of the bill has been made weaker than it was in the first draft – and that journalists would still be vulnerable, especially those working in conflict zones. They said:
"You see, the law passed in the Assembly still gives all power to the state and media houses to decide who is a journalist – and that's where the act loses its claws. In Bastar, for example, there have been numerous cases where journalists were denounced by the media houses despite them being a contributor for years. The law should have given more power to the committee to decide who is a journalist or media person, else at its current state, the law isn't going to be any major help to the media persons in Bastar."
Expand3. What Does the Bill Offer to Journalists?
Only the second of its kind after Maharashtra's bill to protect journalists, the Chhattisgarh Media Personnel Security Bill, 2023, ensures that the protection offered to media persons is not limited to just physical harassment or violence but also against unfair prosecution.
The government will set up a committee within 90 days of the enactment of the law, which will resolve complaints related to the protection of media persons, harassment, intimidation or violence, or false accusation and arrest of media persons.
This committee will be known as the Chhattisgarh Media Freedom, Protection and Promotion Committee, which will be headed by a retired administrative/police service officer not below the level of secretary in the government.
Speaking to The Quint, Ruchir Garg, a member of the drafting committee of the bill and CM Baghel's advisor, said that they have taken all measures to ensure that the bill doesn't attempt to change the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC), but rather work within the provisions of the existing laws and provide security to the media persons in Chhattisgarh.
"Maharashtra brought a law before us, but their law attempted to amend the IPC and CrPC, and thus, it got held up. We ensured that this doesn't happen with the one we were making. The idea is to ensure a protective layer to the media persons and journalists working out there from unnecessary hassles and trumped up charges and arrests."
Ruchir Garg, CM Baghel's advisorExpand4. Other Key Features
The draft bill submitted by the committee to the Chhattisgarh government in 2020 mentioned rules under which any public servant who "wilfully neglects duties" shall be punished with imprisonment, which may extend to one year.
However, in the final bill, the clause stating imprisonment of one year has been omitted. It instead says: the public servant "shall be punished with suitable penalty as per rules."
The final bill also mentions that if a private person is the cause of violence, harassment or intimidation of a media person, the committee, after examining the case and hearing both the parties, can impose a penalty of Rs 25,000 against the perpetrator.
It also proposes a fine of Rs 10,000 on any registered media persons in the event of a false or wrong complaint, including the cancellation of their registration.
(At The Quint, we are answerable only to our audience. Play an active role in shaping our journalism by becoming a member. Because the truth is worth it.)
Expand
Who Is a 'Media Person' As Per the Bill?
One of the key features of the Chhattisgarh Media Personnel Security Bill, 2023, is that it attempts to clearly define the concept and scope of a 'media person'.
According to the bill, a 'media person' may be a journalist, stringer, freelancer, hawker, or even an 'agent' who is regularly involved in collecting and forwarding news or information to media persons or media establishments.
The bill also lays down a provision to register all media persons in the state.
It also defines the concept of a 'person who requires protection' as those who are registered as media persons as well as those who are in any way connected to them – and face threats of harassment, intimidation, or violence based on their connection to the media persons registered in the state.
The persons connected to a media person may include their technical support staff, driver, outdoor broadcast van operators, and others.
Speaking to The Quint, senior journalists in Chhattisgarh said the inclusion of persons connected to a media person under the ambit of the law "will help in ensuring they are all protected – and thus serve the true intent of the law."
Who Is Eligible To Register as a Media Person?
As per the bill, the following persons are eligible to be registered as media persons:
A person who has at least six articles published in the media in the last three months
A person who has received at least three payments for news compilation from any media organisation in the last six months
A person whose photographs have been published at least three times in the last three months
A person who is certified by a media organisation to be working in the establishment as a media person
A person who is recognised by the government as a journalist or a media person who qualifies for accreditation as per the media worker rules in force at that time
A senior journalist, requesting anonymity, however, opined that the language of the bill has been made weaker than it was in the first draft – and that journalists would still be vulnerable, especially those working in conflict zones. They said:
"You see, the law passed in the Assembly still gives all power to the state and media houses to decide who is a journalist – and that's where the act loses its claws. In Bastar, for example, there have been numerous cases where journalists were denounced by the media houses despite them being a contributor for years. The law should have given more power to the committee to decide who is a journalist or media person, else at its current state, the law isn't going to be any major help to the media persons in Bastar."
What Does the Bill Offer to Journalists?
Only the second of its kind after Maharashtra's bill to protect journalists, the Chhattisgarh Media Personnel Security Bill, 2023, ensures that the protection offered to media persons is not limited to just physical harassment or violence but also against unfair prosecution.
The government will set up a committee within 90 days of the enactment of the law, which will resolve complaints related to the protection of media persons, harassment, intimidation or violence, or false accusation and arrest of media persons.
This committee will be known as the Chhattisgarh Media Freedom, Protection and Promotion Committee, which will be headed by a retired administrative/police service officer not below the level of secretary in the government.
Speaking to The Quint, Ruchir Garg, a member of the drafting committee of the bill and CM Baghel's advisor, said that they have taken all measures to ensure that the bill doesn't attempt to change the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC), but rather work within the provisions of the existing laws and provide security to the media persons in Chhattisgarh.
"Maharashtra brought a law before us, but their law attempted to amend the IPC and CrPC, and thus, it got held up. We ensured that this doesn't happen with the one we were making. The idea is to ensure a protective layer to the media persons and journalists working out there from unnecessary hassles and trumped up charges and arrests."Ruchir Garg, CM Baghel's advisor
Other Key Features
The draft bill submitted by the committee to the Chhattisgarh government in 2020 mentioned rules under which any public servant who "wilfully neglects duties" shall be punished with imprisonment, which may extend to one year.
However, in the final bill, the clause stating imprisonment of one year has been omitted. It instead says: the public servant "shall be punished with suitable penalty as per rules."
The final bill also mentions that if a private person is the cause of violence, harassment or intimidation of a media person, the committee, after examining the case and hearing both the parties, can impose a penalty of Rs 25,000 against the perpetrator.
It also proposes a fine of Rs 10,000 on any registered media persons in the event of a false or wrong complaint, including the cancellation of their registration.
(At The Quint, we are answerable only to our audience. Play an active role in shaping our journalism by becoming a member. Because the truth is worth it.)