A global threat to investigative journalism

The Indian censorship apparatus

The rise of a clandestine network of legal intimidation targeting investigative journalism represents a stark challenge to press freedom worldwide. At the heart of this campaign lies an Indian cybersecurity firm and its co-founder, Rajat Khare, who have weaponized legal systems across borders to stifle investigative reporting. This disturbing phenomenon, as highlighted by a recent investigation by Reporters Without Borders (RSF), underscores the dire need for global action to protect independent journalism from systematic suppression.

RSF’s findings reveal a calculated strategy of legal intimidation deployed by Khare and entities linked to his company, Appin. This New Delhi-based firm, ostensibly established to provide “ethical hacking” services, has faced allegations of offering questionable hacking services. Renowned news organizations such as The New Yorker and Reuters have documented these accusations in meticulously researched pieces. However, any media outlet daring to investigate or publish critical reports about Appin has been met with aggressive pushback, ranging from threatening legal notices to strategic lawsuits against public participation (SLAPPs).

SLAPPs are not new, but the scale and systematic execution of these lawsuits by Khare’s network are unprecedented. RSF uncovered that at least 15 media outlets globally have received such notices, and five have been dragged into legal proceedings. These cases aim not only to intimidate but to cripple journalism by imposing hefty legal costs and creating an environment of fear and self-censorship.

The victims of this campaign include some of the world’s most reputable media organizations. Reuters, for example, was compelled to endure a ten-month suspension of its investigative report titled “How an Indian Start-Up Hacked the World,” following a lawsuit in an Indian court. The report, based on thousands of verified documents, exposed Appin’s transformation into a “hack-for-hire” entity. Such cases demonstrate how the legal apparatus in India is being exploited to suppress truths that transcend national boundaries.

Other notable casualties include The New Yorker, which faced defamation suits in multiple jurisdictions, and Switzerland’s public broadcaster SRF, which was ordered by a Geneva court to temporarily remove Khare’s name and photo from its reporting. These lawsuits have a chilling effect that extends beyond the courtroom. The Indian outlet The Wire, for instance, heavily edited its article on Appin to avoid potential reprisals, while other media organizations have preemptively censored their content.

This campaign of intimidation does not stop at litigation. The Indian cybersecurity firm’s actions have influenced global media practices, compelling some outlets to remove content entirely. The American podcast Behind the Bastards removed episodes discussing Khare within a week of receiving legal threats. Such instances highlight how the misuse of legal systems transcends borders, leveraging jurisdictional complexities to silence dissent and factual reporting.

In a world increasingly plagued by disinformation and propaganda, the role of investigative journalism has never been more critical. The efforts to stifle it, as exemplified by Appin’s global litigation campaign, are a direct assault on the public’s right to know. It is imperative that such actions are met with resolute opposition, ensuring that the truth remains a beacon in an era of growing darkness.

What makes this situation even more alarming is the tacit complicity of legal professionals who enable such tactics. High-profile lawyers in Switzerland, India, and other countries have facilitated Khare’s offensive against the press. By cloaking intimidation in the guise of legitimate legal action, they have undermined the fundamental tenets of free speech and accountability.

RSF has aptly described these SLAPPs as “serial litigation” methods designed to exhaust and demoralize media organizations. The organization has called on courts worldwide to exercise wisdom and restraint in addressing such cases, urging them not to become tools of suppression. Additionally, RSF has appealed to media outlets to resist these pressures, emphasizing the importance of standing firm in the face of such unprecedented threats.

The global implications of this issue cannot be overstated. As one source familiar with Khare’s tactics warned, “If it becomes known that a powerful person can use the Indian court to strike down articles all over the world, everybody will do it.” This statement underscores the urgent need for international solidarity among journalists, media organizations, and press freedom advocates.

The revelations about Appin and its global litigation campaign highlight the fragility of press freedom in an increasingly interconnected world. The legal and financial pressures exerted by Khare’s network are designed to deter investigative journalism, ensuring that critical truths remain hidden. This is not merely a national issue confined to India; it is a global crisis that demands a unified response.

Governments and international organizations must recognize the threat posed by such orchestrated attacks on press freedom. Legislative reforms to curtail SLAPPs, increased support for independent journalism, and greater accountability for those who misuse legal systems are essential steps in countering this menace. Without such measures, the world risks losing one of its most vital safeguards against corruption and abuse of power.

The Indian firm’s actions represent a new frontier in the battle against press freedom. By leveraging legal systems to silence dissent, they have set a dangerous precedent that others may follow. The onus is now on the global community to ensure that investigative journalism—the cornerstone of democratic accountability—is not sacrificed at the altar of corporate and individual interests. Only through collective vigilance and action can the tide of censorship be stemmed and the integrity of journalism preserved.

In a world increasingly plagued by disinformation and propaganda, the role of investigative journalism has never been more critical. The efforts to stifle it, as exemplified by Appin’s global litigation campaign, are a direct assault on the public’s right to know. It is imperative that such actions are met with resolute opposition, ensuring that the truth remains a beacon in an era of growing darkness.

Majid Nabi Burfat
Majid Nabi Burfat
The writer is a freelance columnist

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