The global media environment, over the last decade, has experienced a significant shrinking of space for independent journalism that holds power to account or speaks truth to power. Legal provisions related to defamation, sedition and national security are increasingly being manipulated to criminalise lawful journalistic activities under the guise of protecting public order and national integrity. Yet another phenomenon that has also led to a chilling effect on press freedoms in recent times has been the misuse of financial laws to silence dissenting voices. According to a new report from Unesco, financial crime charges have become an increasingly common tool to stifle journalists and media organisations and unlike laws that directly target media, financial laws can be applied without reference to specific published or aired content of media outlets, so can avoid the level of international scrutiny associated with more explicit anti-media legislation, making them an effective device for silencing critical voices.

It is pertinent to note here that any legislation that is purposely designed for certain segments, like the media, and is not applicable universally, is problematic from the outset as it singles out and restricts the rights of a particular group rather than providing equal protection under the law. Since such provisions directly pertain to newspaper organisations, it is at least easier to voice disagreements and push back against them. However, when financial laws, which are universally applicable, are selectively used with the specific intent to muzzle critical commentary in the media, it becomes far more difficult to challenge these actions, as they are presented under the guise of impartial enforcement of the law.

Already grappling with the decline of sustainable business models, heightened assaults on press freedoms and persistent threats to journalist safety, the modern media landscape, over the last three years, has witnessed a troubling surge in allegations of financial misconduct aimed at pressuring and intimidating independent journalists and media organisations. Out of 120 cases assessed by Unesco from 2005 to 2024, 60 percent were recorded between 2019 and 2023 alone. Charges such as extortion, tax evasion and money laundering are among the most commonly weaponised accusations, while other frequently misapplied charges include blackmail, financing terrorism, fraud, embezzlement and unlawfully accepting foreign funds. These tactics, besides leading to considerable self-censorship, have also significantly undermined public confidence in the media. As the report points out, misusing financial laws enables authorities to freeze assets of journalists and media outlets, disrupt livelihoods and hinder reporting, with the risk of financial ruin and imprisonment having a strong chilling effect. This trend has been evident all over the world, particularly in Eastern Europe and Asia. Closer to home, the report highlights that in South Asia, extortion charges have been increasingly weaponised since the mid-2000s. The Modi government in India has especially been at the forefront in this regard, charging independent media outlets like Newsclick with crimes related to foreign funding and money laundering.

While media organisations have an obligation to defend their work against legitimate legal challenge, when these challenges become a tool for censorship masked as legal action, they threaten the foundations of trust that underpin the entire system. It is important, therefore, that public awareness regarding the misuse of such laws is fostered, while an independent judiciary also has a key role to play to check the excesses of an increasingly draconian executive, and help create a more resilient and protected media landscape.