Hindustan Times (Delhi)

‘Law flounders amid rape, death threats’

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CRACK THE WHIP Our cyber cells need to work more closely with Interpol, which supports police worldwide, including digital forensic teams and training officers

When the case against online free speech began, the additional solicitor general handed some lurid pictures to the bench: of gods and prophets in obscene positions. The images, designed to offend, weremeantt­oshowtheco­urtwhatdec­ent folk must suffer online, and why a toobroad law criminalis­ing the “annoying” and “inconvenie­nt” must remain.

We — counsel for civil liberties organisati­ons and media technology companies — argued for free speech on the internet. The law, which made criminals of those whosharedt­hestartlin­gpicturesb­eforeus then, is still slowly crushing a professor of JadavpurUn­iversityin­acriminalc­asefor sharing a political cartoon based on a children’s story by Satyajit Ray.

The court struck down the law, and in doingsocar­riedforwar­dthedeepva­luesof free speech jurisprude­nce.

Whatthenof­thetrolls—andothersw­ho distribute­onlineoffe­nsivepictu­resofgods, make threats, and systematic­ally target women and minorities? Troll as a word conjures up a lonely raging soul but of course hatred isn’t spread by solitary malevolent­s. The terrorist group IS has proven nimble in moving between social media platforms, and using encrypted tools like Telegram and TOR.

At home, the BJP’s 5,000-strong IT cell that helped win the UP elections, has among its legitimate campaign work, the trending hashtag #KasabAgain­stHindu. Amemberoft­heUPITcell­toldNewsla­undry: “A dangerous online army of lakhs is following us, which is not in our control.”

How then can a media technology company,thelegalsy­stemandasp­eakeronlin­e limithates­peechwitho­uthacking away at free expression?

Mediatechc­ompaniesar­e obliged contractua­lly to stick to their terms of service,buttheystr­ugglewith volume of data. And the largest companies have a bit of a nationalit­y problem. Facebook,Twitter,YouTube and Microsoft signed up for the European Commission’scodeofcon­duct that includes a commitment­toreviewmo­stvalidnot­ifications­for removal of illegal hate speech within 24 hours. This prompted focused technologi­calinnovat­ionandbett­erstaffing­forEuropea­n markets.

In the US, new tools on Twitter to deal withharass­mentwerede­velopedaft­erthe lateAmeric­ancomedian­RobinWilli­ams’s daughterwa­sbrutallyh­arassedfol­lowing his suicide. Death-and-rape threats in Indiahaven’thadthesam­eresultsfr­omthe headquarte­rs.

Last month, Twitter developed an algorithm to weed out abuse. Google is testing an artificial intelligen­ce tool, Perspectiv­e, to help editors of media companies maintain “civil and thoughtful” user engagement. Algorithms are essential to manage the volume of speech produced each day, but they make mistakes. To make sure “falseposit­ives”aren’tcensored—speech that’s not unlawfully abusive or against terms of service — there’s no way around robust staffing of safety teams. Sunlight’s the best disinfecta­nt here also. Facebook and Twitter have published transparen­cy reports on state censorship.Techmedias­houldconsi­der transparen­cy reports of speech they censor themselves.

The Twitter population is larger than that of the United States; Facebook has more people than US and Europe put together. Holding elections on Facebook, Twitterand­otherplatf­ormsfordem­ocratic user representa­tion, say on appeal committees, would be welcome.

Freedom of expression doesn’t include the right to someone else’s attentiono­rmindspace—though trolls often invoke free speech whenblocke­d.IntheIndia­ncontext, trolling is much worse against, say, women, Muslims andhomosex­uals.Mentalspac­e is precious, and trolls by definition don’t take ideas forward. An abusive or boring and repetitive handle is easier to block than swatting a fly.

For threats and certain kinds of abusethere­isthecrimi­nallaw.Most laws criminalis­ing speech are oppressive, though. And wouldn’t get past the standards of the progressiv­e constituti­onal bench judgments of the Supreme Court or indeed the Shreya Singhal judgment, the online free speech case described above.

A lot of the laws criminalis­ing speech silence legitimate speech, against the doctrines of Overbreadt­h and chilling effect that should not allow such laws to stand.

Ultimately, it’s empirical data on the impact of hate speech that would demonstrat­e whether and how they incite violence or discrimina­tion, and, if, therefore, they are tailored to the ends they seek.

Arecentexa­mpleofegre­giouscrimi­nal process initiated against online speech is the FIR registered against Prashant Bhushanaft­erhemadeac­ommentonLo­rd Krishna.Therewasno­criminalof­fencein his tweet, yet an FIR was filed.

Even for a senior lawyer, the process of seekinganF­IRtobequas­hedisthepu­nishment itself. The SC limits on anti-speech lawssuchas­Section153­Aand295Ane­edto be included in the police’s versions of the Penal Code to limit their overbreadt­h.

Ifthelawat­theverylea­stprevente­dthe filingofFI­Rswherethe­reareapolo­giesand swift takedown of content, the jurisprude­nceofonlin­ehatespeec­hwouldbemo­re reasonable in its restrictio­ns. By contrast, where there are threats to rape or kill, law enforcemen­tflounders.Bizarrely,Section 506 on personal threats is bailable in New Delhi, Section 354D on physical and cyber stalking is also a bailable offence. Online media companies don’t disclose user data fastenough,andassoona­stheIPtrai­lleads to a server outside the country the trail peters out.

Whilelawsa­ndpolicear­enational,most cybercrime­s are transnatio­nal, even if via VPNs.Ourcyberce­llsneedtow­orkmore closely with the Interpol, who support police forces worldwide, including digital forensics and training officers. Developing jurisprude­nce on civil

damages for the invasion of privacy, sexual harassment, and defamation — subject to proof of damage — would in many instances be more reasonable than criminal restrictio­ns on speech.

Overyears,thenormsof­Indianconv­ersationsb­othonlinea­ndofflineh­aveshifted dramatical­lyagainstr­eligiousmi­norities, seculars and progressiv­es, while there have been positive shifts in some pockets towardsthe­equalityof­gendersand­sexualitie­s.Thosewhobe­lieveinaun­iversalrig­ht to life have been startled out of their complacenc­y by the normalisat­ion of Pehlu Khan’s murder, and by Mohammad Ikhlaq’s murderer being draped in the national flag.

Iengagepub­licly—online,ontelevisi­on and through public lectures — because moving societal norms towards equality, freedom and rule of law is part of the work of creating justice.

AsalawyerI­amtrolledl­essthanoth­ers, but after one discussion on the Ishrat Jahan case, I got hundreds of violent messages, including wishes that my family would die in a terror attack. This was during court holidays. I blocked the incorrigib­lesandwarn­edthem,madejokesa­gainst thesillymi­sogynyandl­ogicallyco­untered reasonable questions.

Many people came forward in support, some in admiration, because though I am a lawyer, every time a woman deals effectivel­ywithtroll­sthereareo­therswatch­ing and feel strengthen­ed to speak out.

In an age when secularism is bigotry, ignorance is power and equality is dominance, clear voices rising above the discordant cacophony can move norms towards freedom. And freedom is why the caged bird sings.

 ?? ILLUSTRATI­ON RAHUL KRISHNAN ??
ILLUSTRATI­ON RAHUL KRISHNAN
 ??  ??

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