Fascist assault on digital media!

By M.Y.Siddiqui

Fascist NDA Union Government has struck the people of India hard curtailing their fundamental rights to freedom of speech, freedom of expression and privacy by regimenting the social media and Internet based streaming of news and entertainments, which cannot be consumed by people with thinking minds. Government, which is authoritarian and arbitrary in its exercise of power, wants the people to know what the government wishes them (people) to know. This is what happens in fascism where it controls the thought processes of the people. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, promulgated on February 25, 2021, will work as a watchdog over the big tech companies, social media networking sites, other digital platforms including OTT.

Under scanner will be WhatsApp with 53 crore subscription, YouTube with 44.8 crore subscription, Facebook with 41 crore subscription, Instagram with 21 crore subscription and Twitter with 1.75 crore subscription and OTT platforms. Their combined reach is faster, wider and expansive over TV, Radio and print media. What worries the people most is undesirable curb on the fastest ever expanding digital media by a Government that has already captured the mainstream print and electronic media; windows of multiple news, views and critical appraisal of faultiness in the one man fascistic government under the veneer of democratic frame, will be lost under the current regime, thus undermining democracy and core values of public accountability enshrined in the Constitution of India.

Impugned draconian rules have prompted technology platforms to review their own policies and ensure they comply with these rules and subsequently the Protection of Data Privacy Bill since pending in Parliament. In few cases, platforms will review their algorithms to ensure compliance, leading to development costs. Platforms that do not get adequate revenue may be constrained to leave India rather than comply. What is said or done on Internet will come under regulations. Platforms’ activities will be under greater surveillance raising public concerns over misuse and abuse of the rules by both government and platforms. Rules require social media platforms to put grievance redressal officers and trace content to first originator within India. A Code of Ethics and Procedure and Safeguards in Relation to Digital/Online Media has been put in place. Digital media will have to follow the Journalistic Conduct of the Press Council of India and the Programme Code under the Cable TV Networks (Regulations) Act.

Primary public concern involving encrypted messaging Apps will need to collect more user data to trace messages to the first originator, which conflicts with extraterritorial jurisdiction norms in the IT Act. New rules can get people (users) in trouble if they share a twitt or message that originated outside India thus shooting the messenger instead of the actual creator. Media have viewed it with concern maintaining that the IT Act should not apply to news media and putting them and placing them under the same norms would lead to unfair censor of news.

Added to the above, government in the Ministry of Information and Broadcasting has placed all websites of print, electronic and web based media within the ambit of Section 69A of the IT Act. This is an effort to curb liberty of the people to communicate and express themselves. Contexts are different for different application. Ultimately, there will be a big brother, a Joint Secretary in the I & B Ministry, to remove content, making a bonfire of the Constitutional mechanism of fairness of adjudication. 

New rules read with the IT (Procedure of Safeguards for Blocking Access of Information by Public) Rules, 2009, require strict confidentiality to be maintained regarding all blocking requirements by the government and the action taken by the intermediary to comply with content take down request (order), put veil of secrecy to all blocking/take down orders, rendering judicial review of such orders impossible. This also violates with impunity the Shreya Singhal Judgement directing that any content take down/blocking order must be accompanied by a reasoned order, renders entire process opaque like the electoral bonds that benefits the ruling parties.

Both the rules double down on the government regulations without adhering to legislative process as mandated by the Constitution and without public consultations, confers unbridled powers on the executive (government) in complete violations of the Constitutionally guaranteed fundamental rights of citizens to freedom of speech, freedom of expression and privacy, making the entire measures undemocratic, anti-people and anti-free media.  New rules impact digital rights, make it fit for misuse and change the way news is freely communicated online. There is much to be concerned about three-tier framework created for regulation of online content, effectively ensures that government has both the rights to complain and authority to enforce.

Rules are pernicious and designed to deny the people their right to free flow of information on digital media and social networking sites in violation of the Constitutional guarantee. It also stops people from knowing the fault lines of the government and for that matter the truth and the ground reality available in the contents on digital platforms. Some regulations on social media to stop inflammatory, divisive, communal and religious bigotry contents are necessary. But given the communal, divisive and other subversive contents by the troll army and blind supporters of the ruling Sangh Priwar, where people have been witnessing how denying them justice has penalized victims of Sanghi perpetrators of oppressive actions against minorities, Dalits and women and the accused allowed to go scot-free. It is time the Supreme Court of India intervened suo motu to declare the draconian rules ultra virus the Constitution to revive the rule of law based system of Constitutional democratic governance!

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