Sedition in Media Law has become one of the most debated legal issues in India, especially concerning press freedom and digital journalism.
Introduction
Media is known as the “fourth pillar” of Indian democracy. The media’s job is to put forward the information collected by them to the public, question authority, and hold people who are in power, accountable. But when the law of sedition is applied to the media, it raises a serious concern: Is the law being used to protect the nation or to silence the press?
This blog explores how sedition interacts with media law in India, how courts have interpreted it, how it’s applied to journalists and why it has become controversial in recent years.
Sedition is defined in Section 124A of the Indian Penal Code (IPC). It punishes anyone who, by words (spoken or written), any kinds of signs, or visual representations, brings or tries to bring hatred, contempt, or disaffection towards the government.
This offence is cognizable and non-bailable, with punishment ranging from three years to life imprisonment.
How Does Sedition Affect the Media?
In media law, sedition becomes a concern when journalists, editors, news platforms, or digital creators are accused of threatening public order simply for publishing news, or critical commentary by showing their personal opinions.
While the media is protected under Article 19(1)(a) of the Constitution (freedom of speech and expression), this right is subject to reasonable restrictions. One such restriction is “security of the State” which is where sedition comes into play.
But here’s the problem: the line between criticism and sedition is often blurred, especially when powerful institutions feel challenged.
Key Legal Case:
Kedar Nath Singh v. State of Bihar (1962)
This is a landmark Supreme Court case that saved sedition law from being struck down but limited its use.
The Court held that criticising the government is not sedition unless it incites violence or creates public disorder. So, reporting, opinion pieces, satire, or even strong words are not seditious unless they lead to real harm or threats to the State.
Yet, in practice, media persons are often arrested or harassed under sedition law without any real proof of violence or incitement.
Recent Cases Involving Media and Sedition
- Vinod Dua Case (2021): A senior journalist was charged with sedition for criticizing the government’s handling of COVID-19. The Supreme Court later quashed the FIR, saying that criticism of the government does not amount to sedition.
- Arrest of Siddique Kappan (2020): A journalist was arrested on his way to report on the Hathras rape case and was charged under sedition and UAPA. The State claimed he was spreading communal tension.
- Assam Journalist Kishorchandra Wangkhem: He was repeatedly jailed for criticizing the government on Facebook, including sedition charges.
These cases show how sedition law is often used to suppress uncomfortable journalism, even when there is no threat to public order.
Sedition in Digital Media
With the rise of digital journalism, social media posts, YouTube channels, and online platforms are new targets. A simple tweet, meme, or video criticizing the government or any other power-holding authority can lead to sedition charges, even if there is no violent intent.
The law hasn’t kept up with the nature of digital speech, where expression is faster, and more public even if it’s not always dangerous.
Legal Criticism of Sedition in Media
- Vague and Overbroad: Terms like “disaffection” are too broad. A news report that angers the government could be seen as sedition, even if it’s factually correct.
- Low Conviction, High Harassment: Conviction rates under Section 124A are very low. But once sedition is charged, the process becomes the punishment—with long legal battles, jail time, and media censorship.
- Chilling Effect: Even the fear of sedition stops many journalists from reporting boldly. This weakens press freedom and harms democratic debate.
Laws That Overlap with Sedition
Apart from sedition, there are other laws that affect the media:
- Official Secrets Act: Used to stop leaks of government documents.
- Defamation Laws: Used to sue or arrest journalists for reports on public figures.
- UAPA (Unlawful Activities Prevention Act): A much harsher law, often used along with sedition.
All of these together can make investigative journalism risky, especially in areas like national security, corruption, or protests.
Recommendations for Reform
- Repeal or Replace Section 124A: Many legal experts and even the Law Commission have recommended removing sedition law or narrowing its scope.
- Strict Guidelines for Use: Like the Supreme Court’s guidelines in the Vinod Dua case, sedition should only apply when there is clear evidence of incitement to violence.
- Media Protections: Journalists doing their duty should be protected, not punished. Their reporting—even if critical—should be shielded from sedition unless it causes actual harm.
- Training Law Enforcement: Police should be trained to understand the difference between journalism and anti-national activity. Misuse often begins with misinterpretation.
Global View: How Other Democracies See Sedition
- United Kingdom: Repealed sedition in 2009.
- Australia: Replaced sedition with “advocating terrorism” in 2010, with stricter definitions.
- United States: Strong protections under the First Amendment. Sedition charges are almost never used.
India is one of the few democracies where sedition is still frequently applied, especially against the press.
Conclusion
Sedition law, as it stands, does not belong in a modern media landscape. In a democracy, the government must be open to criticism—even harsh criticism—from the press. Journalism is not a crime. Holding the government accountable is not sedition.
Section 124A, when used against the media, acts more as a tool of intimidation than a protection of national security. It’s time for India to re-examine this outdated law and move toward a legal system that respects press freedom and supports a fearless, independent media.
Rupsha Ahmed ( Department of Law, University of Calcutta – 2nd Year )
