No Tech Free-or-all

Context: Centre’s new rules to regulate digital space were much-needed to ensure that online platforms are subject to the law of the land.

Mandates of the new rules:

• To preserve constitutional values and freedom of expression: by keeping out obnoxious online content that promotes violence and vulgarity.
  • Reasonable restrictions vis-à-vis freedom of expression is provided in Constitution so that constitutional rights promote internal peace and harmony.
• To create a level playing field: between online news platforms and print media on the one hand and online and television news media on the other.
  • Brings online news portals within the ambit of the code of ethics that governs print media (Press Council Act and the Cable Television Networks (Regulation) Rules, 1994.)
• To ensure self-regulation of OTT platforms along with a 3-tier grievance redressal mechanism:
  1. The publishers (shall appoint grievance redressal officer);
  2. Self-regulating bodies (headed by a retired judge);
  3. Central government oversight committee.
• To bring online platforms under the ambit of Indian laws (like the Indian Penal Code (IPC)): as they seem oblivious to the violent and vulgar contents leading to defamation or promotion of violence.

Steps taken by other countries:

• Australian Code of Practice on Disinformation and Misinformation: released by the Digital Industry Group in Australia to self-regulate digital content.
  • Actions promised by the digital platforms include disabling accounts and removal of content.
• Proposed “Online Safety Bill” of the United Kingdom: Aims to protect internet users and deal firmly with platforms that promote violence, terrorist material, child abuse, cyberbullying, etc.

Conclusion: We do not want some private international companies to assume the role of some supra courts and put their own spin on our Constitution.