News
1. Manipur Rape Incident Video
- Overview: A video concerning a rape incident in Manipur was disseminated widely via social media platforms.
- Implications:
- Secondary Victimization: When a traumatic incident (like rape) is shared and reshared, especially without the victim's consent, it can lead to what is known as "secondary victimization". This is when the victim feels victimized again due to the repeated exposure and public discussion of their trauma.
- Debate on the Right to be Forgotten:
- Definition: The "Right to be Forgotten" (RtbF) refers to the individual's right to request that their personal data be removed or de-indexed from search engines or other platforms, particularly when it's outdated or irrelevant.
- Relevance: The spreading of such sensitive incidents on social media brings up the importance of RtbF. The victim, in this case, may wish for the video to be removed from platforms to prevent further emotional harm and invasion of privacy.
- Challenges: While the right to be forgotten can help protect individual privacy, it has to be balanced against the public's right to know and freedom of expression.
2. 5-Year-Old Kid from J&K's YouTube Video
- Overview: A 5-year-old child from Jammu & Kashmir uploaded a video on YouTube which subsequently went viral.
- Viral Power of Social Media: This example highlights the vast reach of platforms like YouTube, where even content created by a 5-year-old can garner massive attention. This calls for responsible consumption and sharing practices by netizens.
Quotes on Social Media and Truth
- Noam Chomsky on Social Media's Dual Role
- Quote: "Social media is a Double-Edged Sword."
- Elaboration: Social media platforms can serve constructive purposes by democratizing information and providing a voice to the voiceless. However, they can also be used in ways that manipulate public opinion and "undermine democracy."
- Key Concept: "Consent is being Manufactured by Social Media." This suggests that through curated feeds and algorithms, social media platforms can shape and influence the thoughts and beliefs of their users.
- The Concept of 'Free' Online Services
- Quote: "If you are not paying for the product, you are the product." - Anonymous
- Elaboration: Many online platforms offer 'free' services, but they monetize user data and attention. Users become the product sold to advertisers, highlighting a potential conflict of interest regarding user privacy and content curation.
- The Cost of Lies
- Quote: "Every lie we tell incurs a debt to the truth. Sooner or later, that debt is paid." - Anonymous
- Elaboration: Falsehoods may provide temporary relief or advantage, but the truth has a way of emerging, often with consequences.
- Chernobyl and the Danger of Lies
- Quote: "The Real Danger is that we hear enough lies that we can no longer recognize the truth." - From the Chernobyl Documentary
- Elaboration: Continuous exposure to falsehoods can distort our perception, making it difficult to discern reality from fiction.
References & Contextual Insights
- Matrix and Reality
- Reference: "How you woke up from the matrix if u don’t know, you are in the matrix."
- Elaboration: The 'Matrix' analogy highlights the idea that many people are unaware of the constructed reality they live in, especially concerning media consumption and the influence of external factors.
- Technology's Dual Effects
- Essay Topic: "The Technology that connects us also harms us."
- Insight: While technology has bridged gaps and brought people closer, it has also introduced challenges, such as misinformation, mental health issues, and privacy concerns.
- The Social Dilemma Documentary
- Reference: "Rise of Social Media and the Damages it causes - discussed in Netflix Documentary Social dilemma."
- Elaboration: The documentary explores the dangerous human impact of social networking, with tech experts sounding the alarm on their own creations.
- Terminology in Industries
- Observation: "Only a few industries call their customers as users - one is in drugs and one is social media."
- Insight: This draws a parallel between drug addiction and social media addiction, emphasizing how both industries thrive on constant usage and consumption.
- Attention Economy
- Reference: "This industry works on the attention economy."
- Elaboration: In the digital age, attention has become a scarce and valuable commodity. Platforms compete for users' attention, often using algorithms that prioritize engagement over truth.
Data
IAMAI: The Internet and Mobile Association of India (IAMAI) provides data and insights about Internet usage, mobile services, and related digital technologies in India.
Internet Users in India
Active Internet Users: As of 2022, India has over 750 million active Internet users.
Projected Growth: IAMAI estimates that the number of internet users in India will rise to 900 million by 2025. This indicates a significant increase in digital penetration in the country over the coming years.
Social Media Usage in India
Total Social Media Users: There are more than 460 million social media users in India as of January 2023.
Most Used Social Media Platforms:
- WhatsApp: Topping the list as the most used app in India.
- YouTube: Secures the position right after WhatsApp.
- Facebook: Ranks third in the list of most used social media platforms.
Conclusion
The data provided by IAMAI paints a picture of rapidly increasing digital penetration in India. The massive numbers of internet and social media users highlight India's importance as a major market for digital services, online platforms, and tech innovation. Furthermore, with platforms like WhatsApp, YouTube, and Facebook leading the charge, tech companies are likely to focus their strategies and services to cater to the diverse and vast Indian audience.
One Definition of Social Media
Social Media refers to a website that allows the creation and exchange of user-generated content
Two Shifts by Social Media (2S’s)
Shift/Change | Traditional Model | Social Media Model | Characteristics/Impact |
Communication Model | Monologue
(One-to-many) | Dialogue
(Many-to-many) | Traditional: Single source broadcasts to many receivers. Limited audience interaction
Social Media: Multiple sources can broadcast and multiple receivers can respond. Enhanced audience interaction with features like comments, shares, and likes. |
Content Creation Role | Content
Consumers | Content
Producers | Traditional: Public consumed content produced by professionals
Social Media: Users are empowered to create and share their content. Rise of Social Media Influencers leading to a new influencer marketing strategy. |
Three Characteristics of Social Media (3C’s)
- Conversation (Two Way Conversation)
- Community (Social Media is based on Community)
- Connectedness (Network Effect)
Seven Roles of Social Media (7R’s)
- Democratization:
- Empowers individuals by bypassing traditional gatekeepers.
- Facilitates a shift from one-way communication to interactive dialogue.
- Example: Social media's role in the Arab Spring.
- This promotes informed decisions and active citizen participation.
- Diversity:
- Offers a platform for varied voices and perspectives.
- Enables rich discourse by bringing in ideas from different backgrounds.
- Dialogue Dispose:
- Encourages discussions and open communication.
- Digital Literacy:
- Helps in understanding and navigating the digital world.
- Furthers the progress of the 4th Industrial Revolution.
- Direct Communication:
- Provides a platform for unmediated and instantaneous communication.
- Development of e-commerce:
- Supports new commerce avenues like E-Commerce and Instagram influencing.
- Disaster Response:
- Allows for rapid communication and response during emergencies.
Current Legal Mechanism
1. IT Act, 2000
The IT Act, 2000 is a foundational legislation that governs electronic commerce and cybercrimes in India.
- Section 69A
- Purpose: This section provides the Government of India the power to block public access to any information through any computer resource.
- Implication: If a website or online service is seen as a threat to national security or public order, the government has the authority to block it.
- Section 79 - Safe Harbour Protection for Social Media Intermediaries
- Purpose: Social Media Companies are protected from legal liabilities for user-generated content on their platforms, as long as they don't have a role in its creation or selection.
- Implication: This essentially means that platforms like Facebook, Twitter, and others cannot be held responsible for the content users post unless these platforms themselves violate other provisions of the law.
2. IT Rules 2021
These are a set of guidelines and rules for ensuring safe and responsible use of the internet.
- Traceability
- Purpose: It requires social media companies to assist government agencies in identifying the origin of certain messages when required.
- Challenge: Platforms like WhatsApp oppose this rule as it goes against their end-to-end encryption feature, which ensures that only the sender and receiver can read the message.
- Due Diligence
- Big Tech v/s State: The clash between big tech companies, commonly referred to as MAAA (Microsoft, Meta - formerly Facebook, Amazon, Apple, and Alphabet - Google's parent company), and the Indian state revolves around issues of data privacy, sovereignty, and content moderation.
- Appointment of Country-Specific Complaint Officer: Social media giants are required to appoint a dedicated complaint officer for the country who would address grievances of users.
- Grievance Redressal Officer: This officer is in charge of ensuring that grievances from users are addressed promptly and effectively.
3. MeITY Rules (Ministry of Electronics & Information Technology)
MeITY is responsible for framing policies and setting standards related to Information Technology, Electronics, and the Internet in India.
Latest Amendment - Fact Check Unit
- Purpose: Considering the rise in misinformation on various platforms, the latest amendment mandates social media companies to establish a fact-checking unit.
- Implication: If a social media company fails to set up and operationalize such a unit, they might risk losing their Safe Harbour Protection. This means they could be held liable for misleading or false information spread on their platforms.
Social Media Concerns
Cyber Threats & Security
- Cyberbullying & Cyber Harassment: Malicious activities on social media platforms targeted towards individuals
- Revenge Porn: Sharing intimate images or videos without consent
- Financial Scams & Digital Frauds: Deceptive activities aiming to extract money or personal data
- National Security: Threats to a nation's security via platforms that can be used for espionage or influencing public opinion.
- Cyber warfare Bot Farms: Automated cyber-attacks
Radicalization, Unrest & Violence
- Religious Radicalization: Spreading extremist ideologies
- Lone Wolf Attack: Individuals radicalized to commit acts of terrorism
- Over Ground Workers (OGW) in Terrorism (Sleeper Cells)
- Overt Role: Appears as an ordinary citizen
- Covert Role: Secretly supports terrorist activities
- Mob Lynching
Instances where crowds take justice into their hands without legal process
- Social Unrest
Social media as a catalyst for civil disturbances or conflicts
- Chinese Model of "Three Warfare Strategy":
- Psychological Warfare: Strategies to mentally subdue opponents.
- Legal Warfare: Using legal systems for warfare
- Media Warfare: Controlling narratives through media.
Fobbing (Fob + Snubbing): Ignoring others even when present with them
Information, Integrity & Intellectual Growth
- Disinformation Economics
Demonetization of Disinformation: The effort to prevent monetization from false information
- Digital Undemocracy: Suppression or misrepresentation of public opinion using digital tools
- Misinformation & Filter Bubbles
- Disinformation & Misinformation: Spread of false or misleading information
- Echo Chambers: Environments where users hear only agreeing viewpoints, reinforcing their beliefs
- Filter Bubbles: Algorithms that show content based on past interests, limiting exposure to diverse perspectives
- Intellectual Growth
Being trapped in filter bubbles can hinder the growth of knowledge and understanding
- Political Implications
- Manipulations: Manufacturing public opinions through tactics.
- Post-Truth Society: Preference for emotional appeals over factual truths, exemplified by Brexit.
- Social & Communal Polarisation: Intensifying societal divides through targeted content.
Example: Cambridge Analytica's role in the US Presidential Elections.
Data Privacy & Survelliance
- Data Collection & Manipulation: Unauthorized or excessive data collection and its misuse
- Monopolization of Data: Large entities have control over vast amounts of data.
Example: Cambridge Analytica's influence on voter preferences, discussed in "How Democracies Die."
- Attention Economy: Monetizing user attention, leading platforms to benefit from societal divides
- Surveillance Capitalism: Companies profiting by putting users under surveillance
- Data as the New Oil: The increasing value and potential misuse of data
- Censorship & Data Protection
Undisclosed Censorship: Suppressing content without public knowledge
B N Srikrishna Committee on Data Protection: Recommendations for a new data protection regime.
Indian Train Syndrome by Simon Dalot: Indians' general lack of concern about privacy, exemplified by freely sharing personal details with strangers
- Cyber Marginalization: Digital discrimination based on age, location, gender, etc.
Economic & Commercial Implications
- Attention Economy
The competition for people's attention, leads to potential distractions and mental health concerns
Algorithm Bias: Algorithms promoting content that ensures prolonged user engagement
- Financial Concerns
Digital Economy Scams: Financial fraud in the digital age.
Example: High-interest loans from certain Chinese apps and companies
- Influencer Economy
Embedded Advertisement: Ethical concerns over undisclosed promotions in content.
Mental Health and Social Behaviour
- Cancel Culture: Social ostracization based on perceived mistakes or disagreements
- Screen Time vs. Sleep: Increased screen time leading to decreased sleep and associated health issues
- Doom Scrolling: Consuming excessive negative content online
- Fubbing: Ignoring the present company in favor of mobile devices
- Technology Facilitated Gender-Based Violence: Using technology as a tool for gendered harassment or violence
- Filter Bubbles: Being trapped in filter bubbles can hinder the growth of knowledge and understanding
Legal Frameworks
Data Protection Bill: Proposed legislation to safeguard user data.
Solutions to Challenges
Cyber Hygiene
- Definition
Cyber hygiene refers to practices and steps that users of computers and other devices can take to maintain system health and improve online security. These practices are critical in protecting systems and data from cyber threats.
- Key Measures
- Not clicking on all links
- Regularly updating passwords
- Use Multi-factor Authentication
- Backup Important Data
- Use Firewall
New IT Rules & Regulations
- Traceability
Combat the spread of fake news and misinformation by tracing the first originator of a message.
By identifying where a particular message started, authorities can act against those spreading harmful or misleading content.
- Due Diligence by Social Media Companies
Appointing India-based Compliance Officer
Ensure there's someone accountable within the country's jurisdiction.
Appointing India-based Grievance Officer:
Address concerns and complaints from the platform's user
- Reporting Fake News & Safe Harbor Protection
Platforms should take proactive measures to flag and remove misleading content. In return, they can enjoy protection from liabilities for user content
- Digital India Bill
Address various challenges arising in the digital landscape of India
- Categorization of Online Intermediaries
Differentiate platforms based on function, size, and impact.
- Proposed New Internet Regulator:
A new entity would manage and regulate the internet ecosystem, similar to TRAI for telecommunications and SEBI for securities and capital markets.
Government's Additional Measures
- Sanchar Saathi Portal
Enhance the protection of mobile phone users with tools and information
- Data Minimization
Companies should only collect essential data, reducing breach risks
- Purpose Limitation
Clearly define data collection purposes and limit its use to that.
Personal Responsibilities: Practising Cyber Hygiene
Important SC Cases
1. Shreya Singhal vs. Union of India Case (2015)
- Background
This case challenged the constitutional validity of Section 66A of the IT (Information Technology) Act, 2000. Section 66A prescribed punishment for sending offensive messages through a computer or other communication devices.
- Key Judgments:
- Doctrine of Chilling Effect:
- Declaration as Unconstitutional:
The Supreme Court noted that Section 66A was vaguely worded, leading to the "chilling effect" on free speech. The chilling effect occurs when a law or practice discourages the legitimate exercise of a right, in this case, the Freedom of Speech and Expression (FoSE).
Due to its vague wording and its potential misuse, which could curb freedom of speech and expression, the Supreme Court struck down Section 66A of the IT Act as unconstitutional.
2. Justice K.S. Puttaswamy (Retd.) vs. Union of India Case (2017)
- Background:
This case pertained to the right to privacy in the age of digital information and the government's move towards the Aadhaar card system.
- Key Judgments:
- Right to Privacy as a Fundamental Right:
- Three-Fold Test for Infringing the Right to Privacy:
- Existence of a Law: Any action curbing this right must be backed by a law.
- Legitimate State Interest: The action or the law must seek to achieve a legitimate state interest.
- Doctrine of Proportionality: The means adopted by the state to achieve that interest should be proportional, i.e., there should be a rational nexus between the objects sought to be achieved and the means used to achieve them. This doctrine ensures that the state doesn't take excessive measures which could curtail individuals' rights beyond what is necessary
The Supreme Court ruled that the right to privacy is intrinsic to life and liberty and is inherently protected under the various fundamental rights enshrined under Part III of the Indian Constitution.
To infringe upon someone's right to privacy, the action must satisfy a three-fold requirement:
Concerns of Tech in Media
1. Pacing Problems
The rate at which technology advances often outpaces the development of laws, regulations, and societal norms to govern its use. In the realm of media, this means that by the time regulators or policymakers understand the implications of technology and implement corresponding rules, the technology itself might have evolved or been replaced by something new.
2. Collingridge Dilemma
- Introduction:
Proposed by David Collingridge, this dilemma highlights the challenges in regulating or controlling technology.
- Explanation:
Early Stage Regulation:
At the early stages of technology, its impacts are not fully understood, making regulation potentially restrictive and hindering its further development.
Later Stage Regulation:
As the technology matures and its impacts become clearer, regulating or altering its course becomes challenging due to widespread adoption and reliance on the technology
Best Practise - EU DSA
Digital Services Act of the EU
- Overview
The DSA is a significant legislative effort by the European Union to regulate online platforms, especially the large ones, ensuring they operate transparently, fairly, and are accountable for the content on their platforms.
- Mandatory Flagging of Disinformation:
- One of the key concerns addressed by the DSA is the spread of disinformation online. While the DSA's main focus is on illegal content, it recognizes the broader societal harms of disinformation.
- The DSA requires online platforms to set up mechanisms allowing users to flag disinformation or misleading content.
- Platforms, especially very large ones, would have to act upon these flags, either by reviewing, labeling, or removing such content based on the platform's terms and conditions.
- Additionally, the DSA mandates a more transparent advertising ecosystem, where users should be able to see why they are being shown specific ads, reducing the chances of targeted disinformation campaigns.
Significance of Mandatory Flagging:
- User Empowerment: By allowing users to flag content, the power to challenge and address misleading content is distributed across the platform's user base.
- Reduction in Disinformation: The very fact that there's a mechanism to report disinformation acts as a deterrent to those intending to spread it.
- Transparency and Accountability: Mandatory flagging also necessitates that platforms have clear, transparent policies on how they handle such flags, leading to greater accountability.
- Protection of Public Interest: Disinformation, especially on critical subjects like health, elections, or public safety, can have severe societal consequences. This provision helps protect the public interest by curbing misleading narratives.
Best Practise - Digital India Bill
The Ministry of Electronics and Information Technology (MeitY) has been working towards building a consensus on the proposed Digital India Bill, which is intended to replace the 23-year-old IT Act of 2000. The IT Act 2000 currently defines an intermediary as any entity between a user and the Internet【5†(INSIGHTSIAS)】. Discussions regarding the Digital India Bill began around April 2022, and a public consultation on the Bill was held in Bengaluru as a preliminary step towards overhauling the outdated IT Act【6†(IAS EXPRESS)】.
India, being the world's largest "digitally connected democracy" with 850 million internet users, necessitates updated legislation to address modern cyber threats, growing cyber crimes, disinformation, and privacy concerns. The existing IT Act was crafted for a pre-digital era and lacks provisions for user rights, trust, safety among other modern cyber threats【7†(Civilsdaily)】.
The core objectives of the Digital India Bill include promoting an open and safe internet that protects user rights and reduces online risks, along with accelerating the growth of technology innovation. It's part of an overarching framework of technology regulations the Centre is developing, which also includes the draft Digital Personal Data Protection Bill【8†(Dhyeya IAS)】.
The Digital India Act, 2023, aims at enhancing the country's digital infrastructure and data protection policies, planned to be introduced by the Ministry of Electronics and Information Technology. This act will replace the outdated Information Technology Act of 2000【9†(UPSC Pathshala)】.
Questions for Practise
Question 1
What do you understand by the concept of Freedom of Speech and Expression?
Question 2
Freedom of Press in Indian Constitutional Context?
Question 3
Issues of Media in General?
Question 4
in the context of the increasing influence of social media and its potential for misuse. Examine the need for its regulation
Structure
Data/Definition
Definition
Influence
Potential for Misuse
Diagram: Dis Mis Info → Amplifier -? Fake News → Law & order
Need for Regulations
Counter Argument - Double-Edged Sword
Way Forward with Example
Conclusion: Soft Touch Regulation or Implementation of Dat Protection Law or Digital India Bill. There is also the problem of Collingridge DIlemma or Example of Digital Service Act of EU - Mandatory Flagging of Disinformation