The Supreme Court will examine whether accredited journalists, freelancers, independent journalists and influencers need different levels of protection while covering protests, Justice Joymalya Bagchi said on October 15, LiveLaw reported. During protests against Chief Election Commissioner (CEC) Gyanesh Kumar, police turned away YouTubers and detained digital journalists for hours because they did not have Press Information Bureau (PIB) accreditation cards.
“There will be layers of protection – whether they are accredited journalists, whether they are employed with media houses who are registered under Press Council, whether they are individual freelance journalists, whether they are influencers,” Justice Bagchi said, adding that the court was not deciding who is a journalist.
Chief Justice of India (CJI) Surya Kant said, “We will also keep in mind that if everybody will start claiming [they are] journalists, it will lead to creating problems.”
CJI Kant also said journalists exercise two rights at once, freedom of expression under Article 19(1)(a) and the right to practise a profession under Article 19(1)(g), Bar & Bench reported.
What are journalists asking for?
The Delhi Union of Journalists (DUJ) has asked the court to lift the insistence on PIB cards for covering protests, order the return of seized equipment and act against erring officers, The Wire reported. Veteran journalist Paranjoy Guha Thakurta, a co-petitioner, says police detained him despite his PIB card. The Network of Women in Media, India (NWMI) and the Free Speech Collective filed separate petitions on the treatment of journalists during the protests.
Who decides who counts as a journalist?
India has no single legal definition of a journalist, and the existing frameworks each draw the line differently:
- PIB accreditation: The Press Information Bureau accredits only journalists based in Delhi NCR. Digital journalists qualify only if their outlet has at least 10 lakh unique monthly visitors and they have five years’ full-time experience. Freelancers qualify only at age 65, with 30 years in journalism.
- IT Rules: Part III of the Information Technology (IT) Rules, 2021 brought digital news publishers under the Ministry of Information and Broadcasting (MIB). The Bombay High Court (HC) stayed its code of ethics and three-tier grievance system in August 2021, and the Supreme Court transferred all challenges to the rules to the Delhi HC in March 2024.
- The withdrawn Broadcasting Bill: MIB’s 2024 draft of the Broadcasting Services (Regulation) Bill would have classified YouTubers and Instagram creators who post news as “digital news broadcasters,” required to register with the government. MIB withdrew the draft in August 2024.
- The Grievance Appellate Committee: The Grievance Appellate Committee (GAC), established under the Information Technology Rules, can review certain complaints involving content decisions made by online platforms. It ordered YouTube to block a Dhruv Rathee video in India this year.
Delhi Police’s October 5 advisory recognised identification cards issued by journalists’ organisations, PIB and Delhi Information and Publicity (DIP) accreditation cards. Journalists stopped for lacking PIB cards said they carried organisation-issued IDs.
What did the government argue?
Solicitor General Tushar Mehta said it had become difficult to tell journalists apart from people making reels. “In the present era of digital technology, any person having a mobile is a journalist in his own right,” he said. “We do not know who is a reel maker, who is an independent journalist, but no lady should be inappropriately dealt with, including lady police personnel.”
Mehta made the argument while opposing a plea for blanket protection from coercive action for all women journalists who covered the protests.
What did the government say about seized devices?
Senior Advocate C. U. Singh, appearing for the DUJ, sought the return of electronic devices seized from journalists. Mehta told the court that police had seized no devices, Bar & Bench reported. The court issued notice on the plea.
Journalists have described police taking their phones and cameras. The Committee to Protect Journalists documented at least five phones seized, and Newslaundry reporters said police took their phones on October 10. Journalist Lakhwinder Singh told The News Minute that Delhi Police Special Cell chief Anil Shukla seized his camera, worth about Rs 1 lakh.
What did the court order on women journalists?
- No coercive action: The court barred coercive action against a woman journalist booked under the SC/ST (Prevention of Atrocities) Act on a complaint by Assistant Commissioner of Police (ACP) Vivek Bhagat, whom she had accused of sexually harassing her. The journalist had been covering a protest on October 3 when the alleged incident occurred.
- Enquiry: CJI Kant called the allegations “very serious” and asked authorities to complete their enquiry quickly. Mehta said the government would file an affidavit within a week.
- Committee: Senior Advocate Indira Jaising sought a committee to examine complaints of sexual harassment and assault against women journalists. CJI Kant said the panel “must be predominantly or exclusively composed of women,” and asked Jaising to submit details of affected journalists and suggested members in sealed covers.
What else did the court do?
The bench heard 46 petitions on the protests and issued notices in all of them. It directed all law enforcement agencies to preserve CCTV footage and digital material collected in connection with the protests. It issued notice on a challenge to the Delhi Police Commissioner’s October 11 order removing Jantar Mantar as a designated protest site.
Delhi Police Commissioner Anurag Kumar tendered an “unconditional and unqualified apology” for any perceived non-compliance with the court’s October 9 and 11 orders, but maintained that there was no non-compliance. The court asked nodal counsel to group the petitions into categories, including media protection. Responses from the Centre, Delhi Police and the Election Commission are awaited.
Also read:
- Digital developments on the second day of the internet shutdown at Jantar Mantar
- Delhi police use CCTV surveillance for live facial recognition at Jantar Mantar protests
The post Should freelancers and YouTubers get the same protection as accredited journalists? SC to decide appeared first on MEDIANAMA.