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:
The publishers (shall appoint grievance redressal officer);
Self-regulating bodies (headed by a retired judge);
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.