Civics: A wolf in watchdog’s clothing: On government’s move to regulate digital media

The Hindu:

The new rules introduced by the Centre last week to regulate all types of digital platforms, with the idea of redressing user grievances and ensuring compliance with the law, are deeply unsettling as they will end up giving the government a good deal of leverage over online news publishers and intermediaries. This holds troubling implications for freedom of expression and right to information. Electronics and IT Minister Ravi Shankar Prasad, while launching The Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021, presented it as a “soft-touch oversight mechanism”. A government press note termed it “progressive” and “liberal”. It also claimed the rules seek to “address people’s varied concerns while removing any misapprehension about curbing creativity and freedom of speech and expression”. The soft tone notwithstanding, these rules force digital news publishers and video streaming services to adhere to a cumbersome three-tier structure of regulation, with a government committee at its apex. This, in itself, is unprecedented in a country where the news media have been given the space all along to self-regulate, based on the mature understanding that any government presence could have a chilling effect on free speech and conversations. That the new rules pertain only to digital news media, and not to the whole of the news media, hardly provides comfort, as the former is increasingly becoming a prime source of news and views. Further, it is of significant concern that the purview of the IT Act, 2000, has been expanded to bring digital news media under its regulatory ambit without legislative action, which digital liberties organisations such as the Internet Freedom Foundation have flagged.