Email message to the Kerala Chief Minister, A. K. Antony
(The following is the text of an email message sent to
the Chief Minister on June 18, 2002 as part of the protest launched by the journalists organisations
in Thiruvananthapuram against the instructions issued by the Speaker of Kerala Assembly on coverage of the Assembly proceedings.)
I write to invite your attention to the actions of the Speaker, Mr. Vakkom
Purushothaman, which violate Freedom of the Press and democratic conventions,
and seek your intervention.
The Speaker has issued 24 instructions for coverage of the Assembly proceedings
by the visual media. He claims that they are based on guidelines issued by
the Lok Sabha Secretariat. However, guidelines for coverage of Lok Sabha
proceedings are only advisory in character and are meant for the official
media. Mr. Purushothaman's instructions, on the other hand, are framed as
mandatory directives to cover the 11 private channels telecasting the proceedings.
Many of these instructions infringe the right of the media for comprehensive
coverage of the proceedings of the legislatures guaranteed by Articles
361A of the Constitution. His fiat amounts to pre-censorship and violates
basic tenets of Freedom of the Press which includes freedom of access to
all sources of information. He is contemplating action against journalists
who break his instructions for breach of agreement, misconduct and breach
of privilege of the House when the Constitution guarantees protection from
criminal and civil actions to journalists who report Assembly proceedings
in a fair manner.
May I bring to your attention that you are the person elected by the people
to lead the House. The Speaker has been elected by the House and he is not
empowered to do anything beyond what the House wills. In no democratic country
has such rules brought without consultations and recommendations by the House
Committees and approval of the House. You have stated that you yourself have
not been consulted not to speak of the Leader of the Opposition or other
leaders.
It is also notable that the Speaker has issued the instructions under Rule
306 of the Rules of Procedure and Conduct of the Business of the House which
do not cover media coverage of the proceedings. Thus, is misinterpreting
and misusing the Rules framed by the House. This should naturally be of concern
to you as Leader of the House. He is also exceeding the limits set by the
Rules and the Constitutional provisions (Articles 19 and 361A).
I also invite your attention to other actions of the Speaker against the
Press. Accredited press reporters have been denied passes for coverage of
the Assembly. Press photographers are not being allowed to enter the precincts
of the Assembly not to speak of access-- even if restricted to special occasions,
to the Chamber. (It is important that they are issued passes as pictures
are integral to journalistic coverage). The Opposition leaders had to hold
press conferences outside the Assembly buildings and even on the streets.
These tends to diminish the image of the House and your Government.
As Leader of the House, I wish you would take stand on the restrictions imposed
by the Speaker. I request you to intervene to restore Freedom of the Press
(liberal coverage of the proceedings).