ICAI warns against social media posts

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  ICAI warns against social media posts

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• Warning: India's top accountancy regulator - the ICAI (Institute of Chartered Accountants of India) - has warned its professional members that some of their social media posts are “highly objectionable” and may have internal security, cross-border or geopolitical implications. While it’s not clear which tweets, likes or posts set off this warning, ICAI has indicated such commentary on social media would be construed as professional misconduct under the law.

• Please shut up: In an advisory published on Feb. 11, the ICAI  said it came across “certain instances” where members and students have expressed professional or academic grievances on social media without first approaching the ICAI. Some have also written to the Ministry of Corporate Affairs, the nodal body for ICAI, or higher forums. That’s not all, the posts could have internal and external security implications, the regulator has warned. The posts are highly objectionable which have the potential to create social and communal disharmony, threatening peace, tranquility and may disrupt the security of the nation, public order and friendly relations with other nations. 
• Will pay the price: The advisory said any such post will be deemed to be a “other misconduct” under the Chartered Accountants Act. The Act empowers the ICAI council to reprimand a member, cancel his registration or impose a fine upto Rs 1 lakh if it thinks that the member’s activity—whether or not related to his professional work—causes disrepute to the accountancy profession or the regulator. Similarly, students may lose their registration if they indulge in such activities.
• How will ICAI surveil: How the institute seeks to regulate or surveil the social media commentary of over 8 lakh members and accountancy students is not clear. Nor does the Chartered Accountants Act offer any guidance on how the institute will assess if a post by a member or student is against national security or public order etc. It’s also not clear if the Act authorises the institute to take such action. 
• Practically speaking: It would be very difficult for ICAI to regulate commentary on social media or define what constitutes disrepute to profession or disturbing communal harmony. There may be challenges in distinguishing whether an act of a person is in a personal or professional capacity. 
• Fundamental rights: The ICAI advising its members to curtail their freedom of expression is an absolutely new salvo, in the emerging battle of freedom of expression and the steady erosion of individual rights. Whether the CAs now choose to stay quiet on national issues, fearing loss of registration, remains to be seen. But what's clear is that the ICAI indeed is scared of what may happen if people express themselves freely.

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