BACK in the eighties, we have often wondered why police horses, which were thoroughbreds, were still being bought from Multan. The explanation lay in the repeal of the Police Act of 1861 after a petition was filed by Prakash Singh in the Supreme Court. The Court not only found the Act obsolete and outdated and held that it was null and void, it also asked various state governments to legislate their own police acts. Accordingly, some states put legislation in place, while others adopted their Acts without making local changes as might have been required.
Now Kerala has taken the lead in introducing penalty for the misuse of social media by way of an ordinance in the Kerala Police Act. Otherwise also, the Kerala model is remarkable because it seeks to incorporate many grey areas which had hitherto not clearly been spelled out in terms of norms, rules, regulations, implementation and punishment.
This time, the Kerala government has decided to amend the Police Act to check increasing abuse on social media and cyber crime. The cabinet decided to recommend to the governor to issue an ordinance to incorporate Section 118(A) into the Act to punish anyone who creates or sends information that is offensive, intended to offend or threaten another person through any means of communication with an imprisonment of five years, a fine of Rs 10,000 or both.
The question that arises is whether other police acts too can be changed to curb social media and what are some of the instances of this menace? Obviously, in riot situations, where there is fear of misinformation being shared on social media, internet services are curtailed to prevent aggravating the situation.
Esta historia es de la edición November 9, 2020 de India Legal.
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