In a strongly worded statement, the Brihnamumbai Union of Journalists (BUJ) has deplored the Union Government’s bald attempts to censor news and views on the internet. The statement has been issued by Indra Kumar Jain, General Secretary of the BUJ. 

In a gazette notification issued on April 6, 2023, the Ministry of Electronics and Information Technology (MEITY) has brought in The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 which empowers a “fact-check unit” only controlled and filled with government nominees, to identify any “fake or false” news which must then be taken down by intermediaries, including social media companies and service providers. Intermediaries that fail to do so are at risk of losing the safe harbour given to them, provided they observed ‘due diligence’, as hosts of content by third parties under Section 79 of The IT Act, 2000. 

This notification, says the statement, follows a convoluted and incomplete consultation process and it does not specify how the unit will be set up and who will be its members, thereby leaving a cloud of uncertainty and doubt over this entire exercise. 

On January 2, 2023, the government had invited public comments on draft rules with respect to online gaming as well as an amendment relating to due diligence by an intermediary under the Rule 3(1)(b)(v) of the controversial Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Writ Petitions challenging the Guidelines are pending before the Supreme Court of India. 

Just before the January 17, 2023 deadline for comments, the Government came out with an amendment to the Draft Rules which set out that intermediaries were to remove any news that was deemed to be fake or false by a fact-check unit of the Press Information Bureau (PIB). Now, the notification replaces the PIB with a “fact-check unit”.   

The BUJ has in the statement issued today, April 11, asserted that such attempts constitute an unacceptable degree of interference in online content and spawn even more scrutiny, regulation and censorship of any information that the government arbitrarily deems is false, fake or misleading. None of these terms have been defined satisfactorily and there are numerous examples of verified news erroneously designated as fake by the Press Information Bureau (PIB) working under the Union Ministry of Information and Broadcasting (MIB). 

Acknowledging that fake news is a genuine global problem, the BUJ however states that the organisation has scant confidence in this government’s efforts to tackle it, given its own track record in this sphere.  Already, the present Indian government is amongst the national governments that send the highest number of take-down requests to social media platforms. The blocking of the BBC documentary on Prime Minister Narendra  Modi’s handling of the 2002 violence when he was Gujarat Chief Minister; raids on dissenting  media houses and the invoking of draconian laws against journalists send out a clear message that independent and critical voices will face punitive action from this regime.

The BUJ, records the statement, believes that free, frank and fearless dissemination and exchange of news and views is crucial for a democracy. In the 75 years of our independence, self-regulation has been the key principle in the government’s relationship with the media. The current trend of debunking, discrediting and criminalising dissenting voices is ominous. Added to this is the government’s stamp over the veracity of news. The “fact check unit” is one more nail in the coffin of meaningful democracy. 

Meanwhile, the Bombay High Court was approached by stand-up comedian Kunal Kamra represented by senior advocate Navroz Seervai on the issue. Kamra has challenged the new amendment to the IT Rules empowering the Union Government to identify “Fake News” about itself in the social media. The matter came up before the court today, notice has been issued and the union directed to file a reply by April 19 after which the matter will be heard on April 21. Today, counsel for the petitioner submitted that certain amendments need to be made to the petition, one provision additionally needs to be challenged and a prayer needs to be added. This was permitted by the court.

Related:

Is MeiTY looking to censor social media completely?

The wide terms of the IT Rules 2021 have a chilling effect on freedom of speech: Bom HC

The post BUJ deplores attempts to censor online content by Government fact check unit appeared first on SabrangIndia.

New Delhi: The Union government has told the Delhi high court that Vice News journalist Angad Singh has been “blacklisted” even though he is an Overseas Citizen of India (OCI) cardholder, according to Livelaw.

An affidavit filed by the Foreigners Regional Registration Office said Singh, in his documentary, had depicted India “in a negative manner”. “Singh is a blacklist subject who was blacklisted at the instance of the consulate-general of India with the remarks that if he ever arrived in India he ought not to be permitted to enter India and the consulate-general would be given information about the same,” the affidavit said, according to Indian Express.

According to the affidavit, Singh was blacklisted at the recommendation of the Consulate General of India in New York. 

Justice Prathiba M Singh of the Delhi high court was hearing Singh’s plea against the Union government’s refusal to permit his entry to India. Singh was deported from Delhi to New York in August 2022.

Union government’s counsel, Anurag Ahluwalia, told the court that Singh is a “blacklisted subject” as he had allegedly violated Section 11A of the Foreigners Order, 1948. The particular provision prohibits a foreigner from producing any picture, film or documentary without permission in writing from the Union government.

Singh moved the court against the Union government’s decision to deny entry to him to India. He said the government move was “illegal” and violated Articles 14, 21 and 25 of the Indian constitution, and that he was an OCI card holder. He added that his OCI card was issued to him in March 2007 and was renewed in August 2018.

According to Singh’s counsel, Swati Sukumar, OCI cardholders enjoy all rights granted under the Indian constitution, barring certain rights mentioned under Section 7 B (2) of the Citizenship Act. She also argued that under Section 7D of the Act, OCI cards cannot be cancelled on any grounds, as provided therein.

Sukumar particularly relied on the proviso to the section which holds that an OCI cardholder would have to be given a reasonable opportunity to be heard before an order is passed for the cancellation of their card. She further said no reasons were communicated to Singh on why he was refused a special permit for the production of a food show in August 2022.

She also went on to argue that her client’s OCI card was “still valid” and that he was claimed to have been blacklisted by respondents but his OCI card had not been cancelled yet.

Meanwhile, the government’s affidavit said Singh had “misrepresented facts in the visa application for obtaining a journalistic visa in 2020 and had published a documentary titled India Burning, which depicted India in a negative manner”.

The government’s counsel, Anurag Ahluwalia, said Singh was blacklisted because he had allegedly violated Clause 11A of the Foreigners Order, 1948, which states that “no foreigner can produce a film for public exhibition without permission in writing from the central government”. Therefore, he was blacklisted despite being an OCI cardholder, Ahluwalia added.

The court listed the matter to be heard on February 28, after Ahluwali sought two weeks’ time to obtain information on “whether any showcause notice or proceedings were commenced” against Singh for the cancellation of his Overseas Citizen of India (OCI) card.

Courtesy: The Wire

The post ‘Vice’ Journalist Angad Singh Blacklisted, Showed India in ‘Negative Manner’: Centre to Delhi HC appeared first on SabrangIndia.

 
The Ministry of Information and Broadcasting has sent notice to 121 permitted private satellite TV channels for not providing monitoring facilities/Technical Parameters to EMMC for the purpose of monitoring the content. The notice says that the channels are ‘Not Helping With Content Monitoring’. What does this mean?

“It has been informed by Electronic Media Monitoring Centre (EMMC) that content acquisition of 121permitted private satellite TV channels of this Ministry is not being made possible in EMMC since their technical parameters are not available with EMMC,” the notice read.

Electronic Media Monitoring Centre (EMMC) is a subordinate office under the Indian Ministry of Information and Broadcasting tasked to monitor content of television channels and report on violations of the programme and advertising code.

The notice from the I&B ministry has also warned of action against these Broadcaster companies if complete set of monitoring facilities/Technical Parameters is not provided to EMMC for the monitoring purpose by May 30, 2018.

“All the concerned Broadcaster companies are required to provide complete set of monitoring facilities/Technical Parameters (i.e. professional IRD, Cam Module etc.) in respect of their permitted TV channel(s) to EMMC for the monitoring purpose by 30 May, 2018 positively, failing which action shall be initiated in accordance with these Guidelines,” the notice further read.

The notice also brought the broadcasters’ attention to clause 5.5 of the extant Uplinking Guidelines which provides that “the company/channel shall provide for the necessary monitoring facility, at its own cost, for monitoring of programmes or content by the representatives of the Ministry of Information & Broadcasting or any other Government agency as and when so required.”

Click here for list of channels
 
 

The post I & B Ministry Notice to 121 TV Channels on Monitoring Content Raises Questions of Censorship appeared first on SabrangIndia.

A website, https://onlinefreedomfoundation.org, has also been set up to allow ordinary citizens to oppose the move to regulate online content.

Letter to Minister of Information & Broadcasting
We are a group of Indian citizens who depend on the Internet to gather and share information on a daily basis.

We have come to know that this ministry has issued an order dated Apr 4, 2018 seeking to establish content regulations for the Internet modeled on those applicable for traditional media like print and TV. This letter is to place on record our feedback on the said order.
In the order, you make the following statements:
 

1. There are no norms and guidelines for content shared on the Internet
2. Therefore, the ministry has decided to constitute a committee to frame a regulatory framework for such content
3. Online ‘dissemination of information’ needs to be brought under regulation on the lines applicable to print and electronic media
4. The guidelines shall be sourced primarily from two sources: The Programming & Advertising Code for TV channels put in place by the government, and the norms circulated by traditional media organizations such as Press Council of India, News Broadcasters’ Association and Indian Broadcasting Foundation for their members.

As people engaged constantly in the dissemination of news and views on the Internet, we would like to record our response on each of the four points.
 

1. On point 1, we deny the assertion there are no norms and guidelines for content on the Internet. Even a cursory reading of the IT Act would reveal that all content is covered under its scope. The Act in fact goes beyond laying down guidelines, and incorporates stiff punishments for those who violate the content norms laid down in it. Similarly, several other laws, such as the Indian Penal Code, also contain clear dos and don’ts for sharing of content, including over the Internet. Therefore, to say that there are no norms and guidelines for content online is contrary to facts.
2. Given that the first premise — that there exists no norms for online content – is incorrect, this statement becomes logically unmaintainable as it relies on the first statement for its validity.
3. Next, the ministry says that online content “needs to be brought under regulation on the lines applicable to print and electronic media.” Our position is that online content is different from print and television content, because most of it is produced by individual citizens in exercise of their constitutional right to freedom of expression, and embodies two way communication and interactivity, and not just publishing. Online, it is also difficult to distinguish between publishing and communications. Much of online content is borne out of an individual’s need to express opinions and exercise artistic freedom, protected by Article 19 of the Indian Constitution. It is also worth noting that, according to the Indian Constitution, an individual has the same right to free speech and expression whether by word of mouth, writing, printing, pictures or any other mode. Therefore, restrictions that do not apply to offline speech cannot be used to control online speech either. On the other hand, provisions that apply to offline behavior – such as the IPC – are equally applicable, and regularly applied, to online content.
4. The objections to this proposal have already been recorded under point 3.

We reiterate that applying additional regulations on Internet content will:

1. Impinge upon the individual citizen’s freedom of expression guaranteed by the Constitution, and/or
2. open up the possibility of widespread abuse and attempts to suppress of political dissent by the government and/or the regulating agency.

We request you to consider these responses, and call upon the government to withdraw its plans to create additional rules for regulation of online content.

This letter has been endorsed by all those who are mentioned below:
Raghav Bahl Co-founder, The Quint (www.thequint.com)
MK Venu Founding Editor, The Wire (www.thewire.in)
Paranjoy Guha Thakurta Sr. Journalist (@paranjoygt)
Nalini Singh Sr. Journalist (@nalinisinghtv)
Madhu Trehan Co-founder, NewsLaundry (www.newslaundry.com)
Shivam Vij Sr. Journalist (@DilliDurAst)
Sanjay Pugalia Editorial Director, The Quint
Aniruddha Bahal Editor, Cobrapost
Raman Kirpal Managing Editor, NewsLaundry
Shajan Skariah Founder & Editor, MarunadanMalayali.com
Ritu Kapur Co-founder, The Quint (www.thequint.com)
Seema Mustafa Sr. Journalist & Founder of The Citien
Dhanya Rajendran Co-founder & Editor, The News Minute
Naresh Fernandes Editor, Scroll.in
Tanmay Bhat Co-founder, AIB
(www.youtube.com/user/allindiabakchod)
Saikat Datta South Asia Editor, Asia Times
Abhinandan Sekhri Co-founder, NewsLaundry (www.newslaundry.com)
Jayadevan PK Co-founder, FactorDaily (www.factordaily.com)
Samir Bangara Co-founder, Qyuki Digital Media (www.qyuki.com)
Bharat Nayak Founding Member & Editorial Director, The Logical Indian
Kishalay Bhattacharjee Author, Defence Journalist, Filmmaker
Harini Calamur Writer, Filmmaker (@calamur)
Kuldeep Kumar Sr. Journalist (@kumar55kuldeep)
Amit Varma Editor, Pragat (thinkpragat.com)
Vignesh Vellore Co-founder & CEO, The News Minute
Rega Jha Editor, BuiiFeed India
Nikhil Pahwa Founder, Medianama
Arunava Sinha Consultng Editor, Scroll.in
Jency Jacob Managing Editor, Boomlive.in
Geeta Seshu Journalist & Media Analyst (@geetaseshu)
Pradeep Saurabh Editor, Natonal Duniya
Rangnath Singh Sr News Editor, Lokmatnews.in
CH Unnikrishnan Sr Associate Editor, Business World
Ramanathan S Partner, The News Minute
Sreejith Divakaran Executve Editor, Doolnews.com
KC Arun Editor, Abhimukham.com
Anjan Mitra Consultng Editor, Indiantelevision.com
Amalendu Upadhyaya Editor, Hastakshep.com
Pratk Sinha Founder, Alt News
Vivek Kaul Journalist & Author (@kaul_vivek)
Tript Narain Lifestyle Editor, India TV Digital
Manav Sethi Online media industry professional
Prakash K Ray Editor, Bargad.org (@pkray11)
Joyjeet Das Head, Copy Desk at Catchnews.com
Akhil Kumar Reporter, The Wire
Biraj Swain Columnist, ICFJ Fellow
Atul Chaurasia Executve Editor, NewsLaundry.com
Rohini Singh Journalist (@rohini_sgh)
Monu Rajan Journalist (Hindu Business Line)
Binita Parikh Journalist (@binita_parikh)
Gyana Ranjan Swain Founder & Editor, TeleAnalysis.com
Durga Sengupta Journalist (@the_bongrel)
Ashok Das Editor, Dalitdaskak.com
Aleesha Matharu Asst Editor, The Wire
Rifat Jawaid Founder, JantaKaReporter (former Managing Editor, TV
Today)
Kunal Majumder Journalist (@kunalmajumder)
Akhilesh Krishna Mohan Editor, FarkIndia.org
Sandesh Mysore Journalist (@SandeshMysore7)
Sreejiraj Eluvangal Journalist (@sreejiraj)
Mahima Jain Editor, Research Blog LSE (South Asia)
Shireen Aiam Digital Editor, EPW
Shelly Walia Sr. News Editor, The Quint
Sanjay Rajoura Stand-up Artst
Roy Mathew Editor, NewiScoop.com
Mahibul Hoque Hind Kisan Channel (Youtube)
Tushar Dhara Journalist (@DharaShukoh)
Ruchi Kumar Journalist (@RuchiKumar)
Pawanjot Kaur Journalist, The Wire
Raju PP Founder, TechPP.com
Subhash Gatade Writer/Actvist
Abhishek Srivastava Mediavigil.com
Mani Karthik Blogger (Manikarthik.com)
Raksha Kumar Journalist (@Raksha_Kumar)
Shweta Sengar Journalist (@shwetasengar)
Jhinuk Sen Sr Asst Editor (PCMag, TechRadar)
CL Jose Businessbenchmark.news
MP Basheer Editor, The Newsrupt (@mpbasheer)
Soumya Shankar Journalist (@shankarmya)
Aishwarya Iyer Reporter, The Quint
Shadab Moiiee Journalist (@shadabmoiiee)
Jadeer Nandi Journalist @JadeerTK
Blassey Boben Copy Editor, The Quint
Nadim Asrar Associate Editor, India Today Online
Makepeace Sitlhou Journalist (@makesyoucakes )
Lesley Esteves Digital Editor, Natonal Herald
Thomas Manuel Journalist (FB:thomasonf)
Visvak P Journalist (@visvak)
Meghnad Bose Reporter, The Quint
Amal Vijiv Journalist, NewiScoop.com
Sneha Vakharia Journalist (@sneha_vakharia)
Amandeep Sandhu Journalist (@_asandhu)
Madhu Nainan Journalist
Nitesh Pradhan Chief of Bureau, Sikkim Chronicle
Harachand S Journalist (@pillscribe007)
Dhairya Maheshwari Reporter, Natonal Herald
Vikas Jangra Journalist (@vikasjangraji)
Pragya Tiwari Journalist (@PragyaTiwari)
Rishi Majumder Journalist (@rishimajumder)
Andre Borges Video Producer, BuiiFeed
M Reyai Asst Prof (Journalism), Aliah University, Kolkata
Ashlin Mathew News Editor, Natonal Herald
Asad Ali Journalist (@da_asad_ali)
Parthshri Arora Journalist (online)
Swapnesh Dubey Blogger – Youtube (@Swapnesh_Dubey)
Vishnu Sharma Journalist (@hellovishnu)
Anand Haridas Journalist (@leospeak)

Courtesy: kafila.online
 

The post Media professionals protest against government proposal to regulate online media appeared first on SabrangIndia.