India’s new digital media codes are fine but ...

... enforcement of regulations must not stifle dissent or curb free speech

Indian government on Thursday announced sweeping new rules to tighten regulatory grip on digital media, including news websites and social media platforms. The new regulations, called Intermediary Guidelines and Digital Media Ethics Code, come after Twitter declined to comply with government directives on suspending accounts and in the backdrop of legal cases mounted against companies that disseminate TV content through internet. Under the new rules, each company will have to appoint compliance officers and a high-powered committee will handle complaints against these platforms.

On the face of it, there is a consensus that some kind of regulatory oversight is required for digital media in India where 50 per cent of population have some form of access to internet and up to 150 million smartphones are sold annually. Internet content consumption on hand held and desktop devices is robust, growing exponentially in comparison to traditional media like cable TV, movie theatres and print media. Disturbingly, this exponential growth has also witnessed proliferation of fake news and TV content that sometimes push social and religious boundaries. Moreover, political parties are known to use social media to disseminate content that plays a big role in targeting minorities and spreading religious bigotry.

Still, we must understand that media regulation is a double-edged sword, too much of it can stifle free speech and creativity. Traditional forms of media are regulated by either government controlled agencies or self-regulatory mechanisms. For example, TV news is self-regulated by broadcasters’ bodies, newspapers by Press Council of India and cinema by a censor board.

The new codes announced on Thursday go beyond self-regulation, the government can now legally demand WhatsApp, Twitter and Facebook to remove posts or messages and identify the originator of a message or tweet. These platforms will have to act within 36 hours after receiving a request and publish a monthly compliance report. While the government assured that it simply wants to identify the source of “mischief” on social media, the new rules are likely to deter millions of anonymous users who criticise the government on social media without disclosing their identities. News websites will also have to disclose names of promoters and editors.

India is a vibrant democracy and government agencies must exercise utmost restraint while enforcing these regulations. The new codes must not be allowed to become tools to stifle dissent or target political opponents and critics. Also, the government must not act selectively while seeking to eliminate fake news and offensive content that threaten public order. Finally, officials enforcing the new codes must ensure that free speech is upheld and critics of the government are protected from legal witch-hunt.

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