Fake news order: What Smriti Irani did not learn from Rajiv Gandhi, Vasundhara Raje

fter massive outrage from media and the Opposition, the Ministry of Information and Broadcasting withdrew its contentious guidelines to penalise journalists for fake news. The decision to withdraw the orders came on the directions of Prime Minister Narendra Modi.

The guidelines issued by the Smriti Irani's Ministry of Information and Broadcasting, on Monday night, had said that a complaint on fake news in print media would be sent to the Press Council of India and in electronic media to the News Broadcasters Association.

Once the publication or telecast of fake news was confirmed, accreditation of a journalist would be suspended for six months in case of first violation, for a year in case of second violation, and permanently for the third time.

The guidelines, however, were termed by journalists and the Opposition as an attempt to "muzzle" the free press. In less than 24 hours, the guidelines were withdrawn.

This, however, is not the first time when free press has come under attack from the government. In the past too, similar attempts to gag the media were made and then contentious orders were withdrawn following widespread criticism.

THE INFAMOUS PRESS BILL OF BIHAR

The Bihar Press Bill, pushed through by then Bihar chief minister Jagannath Mishra, was dubbed a "black bill", a "draconian law" and a device "designed to derail democratic functioning". The infamous bill was passed by the Bihar Assembly on July 31, 1982 in a matter of five minutes.

The bill brought in amendments to Section 292 of the Indian Penal Code (IPC) and Section 455 of the Criminal Procedure Code (CrPC). The IPC amendment gave the state government powers to prevent the printing and publishing of "grossly indecent or scurrilous matter or matters intended for blackmail". The CrPC amendment made the offence cognisable and non-bailable.

A year later, the bill was withdrawn. In an interview to ANI last year, Jagannath Mishra said that the Press Bill was "not intended to suppress the voice of the press, but it was in public interest". "But considering the intensity of the protest, we surrendered to people's rights and withdrew the bill," the former Bihar chief minister said.

Jagannath Mishra said that then prime minister Indira Gandhi was "upset with reports published in the newspaper about her differences with Maneka Gandhi" and was "really disturbed". "So, I got the hint of introducing the Press Bill," he said.

RAJIV GANDHI'S GOVERNMENT'S DEFAMATION BILL

In July 1988, the Rajiv Gandhi government at the Centre introduced a Defamation Bill in Lok Sabha. The government was hit with allegations regarding the Bofors scandal and the elections will just a year away.

The bill, passed in the Lok Sabha, was withdrawn two months later after protests by media which called the bill an instrument to bludgeon free speech.

In tone and tenor, the Defamation Bill was similar to the Bihar Press Bill and sought to create new categories of offences under "scurrilous" writings and "criminal imputation".

The Rajiv Gandhi government's statement on withdrawing the Bill read, "A free press is an integral part of the inner strength and dynamism of our democracy. Without a free press there can be no democracy. The imperishable values of our freedom struggle have gone into the making of the press in India. We uphold this legacy."

VASUNDHARA RAJE'S MEDIA GAG BILL

Last year, the Vasundhara Raje government in Rajasthan brought in the Criminal Laws (Rajasthan Amendment) Ordinance 2017 which sought to protect serving and former judges, magistrates and public states in the state from being investigated for on-duty action, without the state government's prior sanction.

The controversial ordinance barred the media from reporting on such accusations till the government sanctioned a probe. The ordinance said that anyone revealing the name and identity of an official against whom a case for an FIR has been filed would face imprisonment for two years.

The ordinance was promulgated by the Rajasthan government on September 6, 2017, and the Bill was introduced in the Assembly on October 23, 2017. The ordinance was criticised by media, including the Editors' Guild.

In February this year, the government announced that it is withdrawing the controversial Bill. "We referred the Bill to the Select Committee, we allowed the ordinance to get lapsed and when it is not a law yet, then what should we withdraw? However, we are taking the Bill back from the Select Committee," Raje said.