No Tech Free-or-all

The Indian Express     27th February 2021     Save    
QEP Pocket Notes
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.
QEP Pocket Notes