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Can journalists be compelled to hand over electronic devices?

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On October 3, 2023, the Delhi police arrested the founder and editor-in-chief of Newsclick Prabir Purkayastha, and the Human resources head, Amit Chakraborty -under the stringent anti-terror law Unlawful Activities (Prevention) Act). The same day it raided the homes and offices of 46 people including reporters, columnists and commentators associated with the news portal and seized their laptops, phones and other devices for further examination.

 

In a letter to the Chief Justice of India, DY Chandrachud at least 18 press bodies have expressed alarm over the impingement of press freedom and spoken about the need to urgently issue guidelines related to search and seizure of personal digital devices drawing attention to the matter pending in the Supreme Court. Suno India’s Menaka Rao speaks with Prasanna S, who has filed the 2021 PIL for academics Ram Ramaswamy, Sujata Patel, Madhav Prasad, Mukul Kesavan, and Deepak Malghan seeking guidelines for the seizure of electronic documents. 


Additional Resources:

Delhi Police arrest NewsClick founder, HR head in alleged terror case - The Hindu

FIR links NewsClick case to legal aid for Chinese companies - The Hindu

NewsClick raids: Young staffers and part-time employees to freelancers – no one spared

NewsClick Raids: Can journalists be compelled to share passwords and hand over electronic devices? | Explained - The Hindu

In NewsClick FIR, ‘false narrative’ on Govt, ‘paid news’ fall in terror ambit | India News - The Indian Express

NewsClick Case: Pressing Questions on Delhi Police's Powers To Search and Seize | OPINION

Hackers Planted Files to Frame Indian Priest Who Died in Custody | WIRED

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