The state government of Kerala is planning to amend certain provisions of the Indian Penal Code Act (IPC), which will allow the state to have more control over media outlets. As per the report published in Mathrubhumi, the bill has been prepared by the law department of Kerala. The bill seeks to amend Section 292 of the IPC and introduces a new subsection Section 292(A).
The LDF government of Kerala is going to introduce the amendment as a bill in the assembly session starting on December 5.
The amendment makes it an offense to share obscene, insulting, or blackmailing content on social media as well as other media platforms. The punishment for the offense has been decided to be imprisonment for up to five years and a fine of up to ten thousand rupees or both. The amendment empowers police to file a case if the government is criticized, considering it as defamation.
After the bill will be passed, the Kerala government will require the President’s approval for making the bill a law after seeking the advice of the union government. The President had earlier approved similar amendments to the laws of the states of Odisha and Tamil Nadu.
A similar amendment was introduced by the Kerala government in 2020 citing the reason for controlling cyber attacks. The amendment sought to bring the same provision as in the newly proposed amendment to Section 118A of the Police Act. However, it was later withdrawn due to strong opposition. The government tried to bring amendments to the Police Act to overcome the verdict of the Supreme Court which outlawed Section 66A of the 2000 IT Act and Section 118D of the Police Act, 2011. The apex court outlawed the aforementioned laws saying that they were against the freedom of expression.