From denial to claims it ‘maligns’ India, the government’s response to Pegasus is predictable

 Broken News

Published on July 22, 2021 in Newslaundry

Link: https://www.newslaundry.com/2021/07/22/from-denial-to-claims-it-maligns-india-the-governments-response-to-pegasus-is-predictable

 

The government wishes it would just disappear. It will probably try, as it has done in the past, to come up with a diversionary tactic. But Pegasus is here to stay. The unraveling story of the spyware sold by an Israeli company to "vetted governments" that could have infected as many as 50,000 mobile phones in several countries around the world cannot be pushed under the carpet. It is simply too big, and too important.

With daily exposures, some more sensational than others, how has the Indian media responded to this story? The independent digital platform the Wire was one of 17 international media partners, including Washington Post and the Guardian, in 10 countries that collaborated to bring together the Pegasus Project. It was based on material sourced by the Paris-based non-profit journalism organisation Forbidden Stories and assisted by Amnesty International's Security Lab. The vast trove of telephone numbers were suspected to belong to persons of interest to their respective governments, although proof that all these phones were hacked has not yet been established.

The story broke in India on the night before the Parliament reconvened on July 19 for the monsoon session. Typically, on day one, the Indian media's response was lukewarm. While Indian Express, for instance, gave it front page lead, given that amongst the 40 Indian journalists whose numbers were listed as possible targets of surveillance were three from the paper, the Hindu was more cautious, running it on an inside page without mentioning that one of its own correspondents had also figured on this list.

It was when the next tranche of names was released, which included Rahul Gandhi, former election commissioner Ashok Lavasa, and current IT and Railways minister Ashwini Vaishnaw amongst others, that the media woke up and took note.

Since then, the major national dailies have featured the daily revelations prominently. They also cannot ignore the story, as the Opposition has been vociferous in the Parliament demanding an independent inquiry or a joint parliamentary committee. However, Shashi Tharoor, the MP who heads the parliamentary standing committee on information technology, has said that they will take it up and that at the moment a JPC was not needed.

Several newspapers in editorials have also made demands for an independent inquiry. Amongst them is the Indian Express, which asked for an investigation and held that "trying to snoop unlawfully is what maligns Indian democracy". But then, it also asked for "the department of dirty tricks" to "come clean". That's a contradiction in terms as a "dirty tricks" department is precisely that, because it is not "clean".

The Hindu too emphasised the need for an inquiry and deplored the fact that "state agencies can trample upon the lives of citizens in such a manner while elected representatives plead ignorance is unsettling for a democracy. This is antithetical to the basic creed of democracy." And it asked the question that the government has still not answered: "Has any Indian agency bought Pegasus?"

What we have to constantly remind ourselves is that apart from the prominent individuals that featured in the list of 300 names from India whose mobile phones could have been compromised, phones belonging to the woman who accused the former Chief Justice of India Ranjan Gogoi of sexual harassment, and her relatives, were also on the list. If it is confirmed that a spyware designed to help governments deal with terrorism and crime has been used against ordinary citizens, then every citizen has reason to be concerned, not just journalists or politicians.

Also, amongst the 40 journalists whose phones were identified, although not all have been checked to ascertain whether the spyware was planted, are people like Rupesh Kumar Singh from Jharkhand, a journalist who spent six months in jail for exposing the attacks by state actors against adivasis. It would appear that you don't have to be a Delhi-based journalist working for a prominent media organisation to be targeted. If you simply do your job of exposing the wrongs in our society through your journalism, you are a potential target for surveillance.

The government's response to the Pegasus story has been predictable: outright denial, obfuscation and the usual trope of this being a "bid to malign India". It also continues with the well-worn strategy; attack is the best form of defence. So instead of answering a direct question about whether it has used the spyware, the government skirts around it and instead attacks those who ask the question. And, not surprisingly, pro-government television channels have followed the same line.

So, did this government buy the Pegasus software and for how long has it been in use? According to this story by Gaurav Vivek Bhatnagar in the Wire, WhatsApp had alerted the government in 2019 of attempts by Pegasus to break its encryption in as many as 121 accounts and that it had succeeded in hacking 20 accounts. Furthermore, in response to an RTI filed by Venkatesh Nayak of the Commonwealth Human Rights Initiative, the ministry of communication, electronics and information technology had acknowledged that WhatsApp had informed them about this attempt to break their encryption. Yet, in the Parliament, the newly appointed IT minister Ashwani Vaishnaw stated that there was no "factual basis" to reports about WhatsApp and the use of Pegasus.

As this column is being written, there are more revelations emerging. And apart from the Opposition, at least some in the media are asking the questions that need to be asked. They are demanding that the government explain whether and when it has bought Pegasus from NSO, the Israeli company, how much it paid for it, to what use has it been put, and what are the systems set up to govern how it will be used. The answers to these questions are crucial, irrespective of whether there can ever be conclusive proof that it was the Indian government that was behind the targeting of individuals with this spyware.

It is also important to remember that although most governments conduct surveillance at various levels, this particular spyware is deadly because it mines all the information people have on their phones, not just their voice calls or location. And it can do this in such a way that the uninitiated would never be able to detect its presence. Given that ordinary citizens are also on the list of potential targets, this is something that would concern more than just journalists, or people in public life.

Several Indian newspapers have done well to explain the process of how the spyware works with graphics. Readers also need to know the background of NSO, and how Pegasus has been used elsewhere. The Guardian provides useful background in its "Today in Focus" podcasts where it is focusing currently on the Pegasus Project.

The bottom line, as far as the media is concerned, is that this government really does not need sophisticated spyware to bully it to fall in line. The largest circulating Hindi newspaper, Dainik Bhaskar, has been consistently calling out the government's lies on the pandemic, especially the underestimates in the death count as well as the shortage of oxygen during the second wave. It has also prominently displayed the Pegasus story on its front page. As if on cue, on July 22, income tax raids were conducted on its offices in Bhopal and elsewhere.

This government's attitude towards individual journalists, or media houses, that attempt to do their jobs as guardians of free speech and expression, is an open secret. Hence, the fact that neither the prime minister nor anyone else from the government had the grace to issue a statement about the killing of the talented, award-winning Indian photojournalist from the Reuters news agency, Danish Siddiqui, in Afghanistan earlier this month comes as no surprise.

Danish's brilliant and evocative photographs will live on, calling out every lie uttered by this government, especially about the impact of the second wave of the pandemic, the mismanagement, the toll on ordinary people, and the deaths. These images cannot be erased. That is the power of an image, truly greater than thousands of words. And this is the uncomfortable truth that the Modi government simply cannot digest.

 

Will mainstream media show the same attention to the Bhima Koregaon case as it did to Stan Swamy’s death?

 Broken News

Published on July 8, 2021 in Newslaundry

Link: https://www.newslaundry.com/2021/07/08/will-mainstream-media-show-the-same-attention-to-the-bhima-koregaon-case-as-it-did-to-stan-swamys-death

In a time of constantly breaking news, when events such as the recent dramatic cabinet overhaul in the Modi government tends to sweep all other news off the front pages, it is imperative that the implications of Father Stan Swamy’s death in judicial custody are not forgotten.

On the afternoon of July 5, Father Stan, 84, died at the Holy Family Hospital in Mumbai. He was still in judicial custody in the Bhima Koregaon case, one of 16 who have been incarcerated without trial, charged under the draconian Unlawful Activities (Prevention) Act.

Father Stan's death represents more than the passing of a fine human being who gave his life for the welfare of Adivasis in Jharkhand, which he considered home. It forces us to think about the callous and cruel nature of the criminal justice system in this country as illustrated in this piece in the Wire by Susan Abraham, one of the lawyers fighting for the Bhima Koregaon accused and the wife of accused Vernon Gonsalves. It also ought to make us question the manner in which laws like the UAPA are increasingly being used to suppress all forms of dissent and interventions for the rights of the most marginalised.

While the Bhima Koregaon case itself has drawn sporadic interest in the media since 2018, when the first arrests were made, Father Stan's death has provoked an unexpected and strong response from national English language papers.

Not only were reports of his death on the front page of practically every leading national daily newspaper, but there were also strong editorial comments. While the Telegraph held that "the State is responsible for Stan Swamy’s death. But the shame of it and the loss it signifies are the Indian people’s", Times of India held the criminal justice system responsible and argued for revisiting provisions of the UAPA. The Hindu saw in the treatment meted out to Father Stan in prison "institutional oppression" and wrote that his death "will weigh on the country’s collective conscience for long". And Indian Express called the attitude of the courts in delaying and denying his legitimate plea for bail on medical grounds a "dark blot"; it concluded that his death "has left the highest institutions of India’s justice system diminished".

At the same time, it must be noted that on the whole, barring routine reports about the cases for bail filed by the 16 (now 15) men and women in the Bhima Koregaon case, the mainstream media did little to highlight the injustice meted out to them or investigate whether the case had any basis.

It was the Washington Post that broke the story about the malware planted on the laptops of Rona Wilson, one of the accused, and subsequently another report about the malware on the laptop of Surendra Gadling. If this is true, then the very basis on which these arrests were made will be proven as baseless. Neither of these stories created more than a ripple in the national media, although Sreenivasan Jain of NDTV did report on it in his programme Reality Check.

The point I am making is that the coverage given to this tragic death of an 84-year-old priest, cannot end with some reports and a few editorials. There is clearly a larger story that needs to be pursued, not just about the Bhima Koregaon case but also about the rampant misuse of the UAPA. Only weeks before Father Stan's death, Akhil Gogoi, who was elected to the Assam assembly while still in jail under the UAPA, was exonerated of all charges. Bashir Ahmad Baba from Srinagar was released after 11 years in prison after being acquitted under all charges under the UAPA. We also have the Delhi High Court judgement granting bail to Natasha Narwal, Devangana Kalita and Asif Tanha that draws attention to the misuse of this law.

According to the National Crime Records Bureau, only two percent of those arrested under the UAPA between 2015-19 have been convicted. The rest, one can assume, are still in jail. Each of them has a story that needs telling. Will at least those newspapers, which were moved to comment strongly after Father Stan’s death, take this on?

There is another death that took place a few weeks before Father Stan's that also calls for a pause and introspection about the kind of society we live in. That is the death of a 22-year-old woman in Kerala.

Vismaya from Kollam had been married for only a year to Kiran. Yet, despite complaining about the violence she experienced within the four walls of her home, she was persuaded to remain and give her marriage to an abusive man a chance. It ended with her death.

Within hours of the news about Vismaya, there were reports of a 24-year-old woman's death in Thiruvananthapuram. In both cases, there was a link to dowry.

The giving and taking of dowry was made illegal by the Dowry Prohibition Act in 1961. That made no difference. After campaigns by women's groups in the late 1970s and early 1980s, when newspapers particularly in Delhi carried routine reports about young brides dying in "accidental" kitchen fires, Section 498A was introduced in the Indian Penal Code making the unnatural death of a woman within seven years of marriage a cognizable offence.

Even this has made no difference. Despite the increasing levels of literacy amongst women, and their participation in the workforce, the scourge of dowry remains, and perhaps has become stronger if you go by this well-researched report by Haritha John in the News Minute. What then does this say about Indian society that in the 21st century, a woman's worth continues to be determined by the amount of gold and other "gifts" that her family sends with her to her marital home?

According to this article in Article 14, "Over 38% of murders of women are committed by current or former partners finds the National Crime Records Bureau (NCRB), and Indian women account for 36% of global female suicide deaths, finds the Harvard School of Public Health despite making up less than 18% of the world’s female population. Suicide is a leading cause of death among women aged 15-29 in India."

The article in the News Minute also raises several important points about the role of the media in perpetuating the prevalence of dowry. In the opinion of Burton Cleetus, an assistant professor of history at the Jawaharlal Nehru University, "When we enforce conventional marriages, the fundamental factor in it is wealth transfer. Though we romanticize marriage, it is basically a market for this wealth transfer. It is the same people and media who speak against the dowry system, who run matrimonial sites. It is the same media that promotes a luxurious lifestyle which creates a desire in people, a desire that is above our income. So on one hand, they promote consumerism, and on the other, they criticise these systems. This is pointless. All these are causes of the problem in a larger perspective.”

Whether one agrees with this analysis or not, it is evident that Vismaya's death has reminded us again how a woman's worth is calculated in modern day India. Economic progress, education, pro-women laws have failed to dent the patriarchy that ensures that most marriages remain a transaction. And the price for an unsatisfactory deal, as viewed from the man's side, is always paid by the woman. For every one report that comes to light, there would be thousands that are never reported.

These are the truths about our society that the media needs to report. Of the thousands unjustly incarcerated under laws that have no place in a democracy. Of an unjust, cruel and callous criminal justice system that denies bail even to the old and ailing. And of the way regressive, patriarchal values continue to ensure that women are treated as little more than a commodity.