Governor of Kerala had recently signed an ordinance seeking amendment to Kerala Police Act to control online bullying and virtual abuse of women, children. Pinarayi Vijayan, Chief Minister of Kerala, tried to allay apprehensions that the law could be misused to muzzle dissent or free speech.

Amid growing protests over Kerala Police Act amendment which the government claimed is intended to check cyber bullying, Chief Minister Pinarayi Vijayan defended it saying fears that it will curb press freedom and free speech are baseless.

Despite the CM putting up a brave face, the CPI(M) central leadership and others are wary over the provisions of the ordinance signed by governor Arif Mohammad Khan. The issue kicked off a nationwide debate with Congress and BJP criticising the left which has always championed the cause of individual and media freedom.

What really irked many social media activists, journalists and others is that the ordinance covers any means of offensive communication or criticism on any platform and not just social media alone and they fear that it can be used to target opponents and trap innocents. Any person who creates or sends any information that is considered offensive or is intended to offend or threaten another person through any means of communication is liable to face imprisonment of three years or a fine of Rs 10,000 or both, according to the 118 (A) in the amendment to the Police Act 2011.

Unlike the defamation case (Sections 499 and 500 of the IPC) which needs a petitioner, the proposed amendment makes it a cognizable offence and any person can file a complaint or a police officer can register a case suo-moto against the accused. Many experts have warned that it will be misused by political leadership and police and it would not stand scrutiny before the court.

But Kerala CM has brushed aside criticisms saying that the decision was guided by growing abuse on social media targeting individuals and their personal freedom.

The BJP and Congress leaders have come down heavily on the CPI(M). Congress MP from Thiruvananthapuram Shashi Tharoor has also criticised the move saying that “it was loosely drafted and it could be used against political opponents.” BJP central leaders also slammed the move. The Kerala Union of working journalists had dubbed the ordinance “undemocratic”.

The author is a student member of amity centre of happiness