Arnab Goswami accused of a Cyber Crime

In his enthusiasm to break a sensational story, Arnab Goswami appears to have landed himself in one of the biggest problems of his life by declaring possession of e-mails of an UK Member of Parliament which the MP has challenged as a Criminal act.

The defense for Mr Arnab is only that he is a “Journalist” and doing this “Apparent Criminal Act”  in “Public Interest”. Unfortunately this may have to be defended in an UK Court and not in the Indian Court.

The incident relates to a revelation that Mr Lalit Modi living in UK wanted to travel to Portugal ostensibly to sign some hospital papers for his wife to undergo surgery for Cancer and was having difficulty in obtaining travel clearances. Since UK Government had been earlier informed of the pending Enforcement Directorate investigations going on on Lalit Modi in India, there was a perception that allowing Mr Modi to travel would make India unpleasant. In this context it is alleged that Ms Sushma Swaraj, the External Affairs Minister was approached by Mr Modi and she had spoken to the UK MP which ultimately resulted in Mr Modi getting the travel permissions. Ms Sushma Swaraj has stated that she only requested the UK Government to deal with it under UK laws and it would not hurt the relations with India.

Mr Goswami is tying to present this as if Ms Swaraj should be considered as a part of Lalit Modi investigation and naturally the other political parties will be happy to debate this issue all through the day.

However, Mr Goswami has been challenged by the UK MP Mr Keith Vaz that Mr Arnab Goswami is guilty of hacking into the email account of Mr Vaz. The fact that Mr Arnab Goswami is in possession of the emails is prima facie evidence that Mr Keith Vaz’s emails have reached unauthorised hands. It is also prima facie clear that these emails have been used for commercial benefit by Times Now. Hence the charge of “Unauthorized Access” to an electronic document which is also an offence under ITA 2008 cannot be denied.

Mr Goswami has been alleging that Ms Sushma Swaraj was trying to help Mr Modi to get travel clearances. However the accusation is not for any other financial fraud or illegal activity. Ms Sushma on the other hand claims that this was a “Humanitarian” act. It will be therefore essential for Mr Goswami to defend that there was “Public interest” and claim the immunity which journalists normally claim in sting operations. However given the limited benefit if at all that Mr Modi could get from the intervention of Ms Sushma Swaraj, it is unlikely that a Court will be convinced of the “Public Interest” in this e-mail hacking case.

It would be interesting if this issue is taken to a Court.

(PS: It would be interesting to see if Times Now continues to carry Mr Keith Vaz’s interview in which he accuses Mr Arnab of a criminal activity during the rest of the day.)

Naavi