Journalists cannot be prosecuted under 153 A, even if the report is false, observes the Supreme Court of India

The Supreme Court of India extended interim protection from arrest to four members of the Editors Guild of India in the FIRs filed in connection with the publication of a fact-finding report on the Manipur violence on Friday. The bench headed by Chief Justice DY Chandrachud and justices J B Pardiwala and Manoj Misra said, "Making a false statement in an article is not an offence of 153A (Promoting enmity between different groups)- it may be incorrect statements."

A 24-page fact-finding report on the violence in Manipur was published on September 2 by a four-person delegation from the Editors Guild of India. The fact-finding team was sent to Manipur to review the reports published by the local media of the state. The Editors Guild stated that the media's coverage of the ethnic unrest in Manipur was biased and noted the state leadership's partisanship. Soon after, the Manipur government filed an FIR against the president and three members of the Editors Guild of India, accusing them of attempting to incite further conflict in the state. As per the FIR, the four members of the Editors Guild have been charged with violating multiple provisions of the Indian Penal Code, including fostering animosity between different groups.

In tandem with the matter being heard by the Supreme Court, they observed that ‘there is no whisper of crime in the complaint based on which the FIR has been registered.’ According to Chief Justice of India DY Chandrachud, there are no prima facie charges against the journalists. He questioned the propriety of keeping the FIRs against the four journalists. "Incorrect statements are made by journalists across the country, will you prosecute all?" asked the SC.

"We are also concerned because this can't be that the moment somebody says something in print, a case is filed. Your entire complaint is the counter-narrative of the government. You have basically put forth a counter-narrative, assuming that what they have said is false," said DY Chandrachud, the Chief Justice of India. Extending the interim protection from arrest to the four members of the Editor’s Guild of India by two weeks, the SC also stated, "Journalists are entitled to put forth a viewpoint...just show us how these offenses are made out. This is just a report. You have implicated sections which are not made out."