The directive was issued in writing to all Senior Deputy Inspectors General (SDIGs) and other high-ranking police officials across the island.
Under the new guidelines, the IGP emphasized that an individual can only be arrested under this Act after a thorough investigation into whether their speech or expression specifically constitutes an incitement to national, racial, or religious hatred. For a statement to fall under this category, it must be proven to intentionally provoke discrimination, hostility, violence, or the propagation of war.
Furthermore, the IGP has introduced a mandatory procedural safeguard: before any arrest is made under the ICCPR Act, the investigating officer must inform the Director of the Police Legal Division and obtain prior written approval. This measure is intended to ensure that the legal threshold of the Act is strictly met before any person is taken into custody.
Significantly, the guidelines clarify that the mere fact that a person or a group feels offended, insulted, or considers a statement to be "blasphemous" is not sufficient grounds for an arrest under Section 3 of the ICCPR Act. The IGP noted that "hurt feelings" alone do not constitute a criminal offense under this specific international human rights framework.
The IGP concluded the directive with a stern warning, stating that disciplinary action will be taken against any investigating officer found to be acting in violation of these guidelines or misusing the provisions of the Act.
