Editors Guild of India seeks review of criminal laws, flags potential of misuse against journalists

The Editors Guild of India on Monday sought a thorough review of the new criminal laws to ensure they are not misused to “threaten and harass” journalists for their work.

On July 1, three new criminal laws – the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Sakshya Adhiniyam, 2023 and the Bharatiya Nagarik Suraksha Sanhita, 2023 – came into effect.

They replaced the Indian Penal Code, 1860, the Indian Evidence Act, 1872 and the Code of Criminal Procedure, 1973.

In a letter to Union Home Minister Amit Shah, the guild pointed out that provisions of the criminal law dealing with offensive and defamatory words have been used against journalists under successive governments.

“Journalists, as part of their professional duty, are meant to report on sensitive issues, throw a light on uncomfortable facts and speak truth to power,” the letter read. “They literally have to play with fire as part of their professional work.”

The guild listed the provisions under the Bharatiya Nyaya Sanhita and Bharatiya Nagarik Suraksha Sanhita that are particular points of concern for journalists.

It noted that the offence of sedition under the Indian Penal Code section 124-A has been reintroduced under the Bharatiya Nyaya Sanhita as section 152 that punishes “acts endangering sovereignty, unity and integrity of India”.

The guild said that the scope of physical conduct that is punishable under the new law is...

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