Chennai: In an interim relief to Ananda Vikatan, the Madras High Court Thursday directed the Union government to unblock the Tamil media platform’s website after it removed a controversial cartoon of PM Narendra Modi.
Justice D. Bharatha Chakravarthy said that the public access to the entire website necessarily need not be blocked, as the court is yet to decide whether the cartoon would come under the freedom of speech and expression, or whether it affects the friendly relations with foreign nations.
The Ministry of Information and Broadcasting (I&B) was asked to restore public access immediately, after it received mail from the Vikatan magazine, without waiting for the interim order copy from the high court.
The judge also directed Vikatan to temporarily remove the cartoon and inform the I&B Ministry about it.
While the cartoon showing Modi shackled in chains during a meeting with US President Donald Trump was released on 10 February, the I&B Ministry blocked the public access to the site five days later without giving any reasons.
After 24 hours, the publishers were informed about the action taken under Section 69A of the Information Technology Act, 2000.
The section empowers the government to block information from public access under specific conditions that involve the interest of sovereignty and integrity of India, its defence, security of the State, friendly relations with foreign states, or public order, or for preventing incitement to the commission of any cognizable offense relating to above.
On 25 February, after conducting a preliminary inquiry, the I&B Ministry ordered that the website would continue to be blocked under IT Act as it was affecting the “foreign relations”.
Subsequently, Vikatan filed a writ petition before the Madras High Court appealing against the orders of the ministry.
Ananda Vikatan magazine editor and publisher T. Murugan told ThePrint that the cartoon was temporarily removed based on the Madras High Court order and waiting for the site to be restored.
“As we are always committed to the freedom of expression, we would continue to fight against curtailing journalistic freedom,” Murugan asserted.
The HC, meanwhile, directed the counsel representing the I&B Ministry to file a counter affidavit and posted the matter on 21 March for further hearing.
Did cartoon affect foreign ties?
According to Vikatan, the magazine’s website was permanently blocked in India based on the recommendations from the I&B Ministry to the Department of Telecommunications.
Senior counsel Vijay Narayan, appearing for Vikatan, argued that the cartoon was just an artistic expression of a political expression and stated that there was no ground for blocking the website.
“The cartoon does not harm the sovereignty or dignity of the nation. It was merely an artistic expression of political criticism and is protected under the right to free speech and journalistic freedom,”he argued.
However, Additional Solicitor General A.R.L Sundaresan contended that the cartoon violated the IT Act which grants the Union government to restrict fundamental rights for legitimate reasons. He also argued that the cartoon “affected” foreign relations.
The cartoon, Narayanan contended, did no harm to the India-US friendly relationship. He also informed the court that the Union government had not given the details of the complainant based on which the public access to the entire website was blocked.
After hearing the arguments, without delving into the merits of the case and the legality of blocking the website, the court said that the key issue to be determined is if the cartoon falls under the artistic expression and journalistic freedom, or it comes under the purview of Section 69A of IT Act.
(Edited by Tony Rai)
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