But we have now uncovered fresh evidence that suggests otherwise. In at least one case, YouTube stepped in to challenge ANI’s takedown notice and asked the agency to consider fair use, raising questions on how YouTube decides which disputes deserve scrutiny while leaving the rest to fight it out on their own.

Under YouTube’s rules, channels with three copyright violation claims in 90 days are terminated in seven days—forcing content creators to pay up large sums to ANI. Following The Collective’s expose, many prominent YouTubers went public, describing ANI’s business of copyright strikes as ‘extortion’ despite Indian copyright rules allowing content makers to use a tiny bit of copyrighted visual under fair-use doctrine for making something entirely new.

Mohak Mangal, one such YouTuber, claimed that ANI asked him to cough up Rs 48 lakh or face imminent shutdown of their channel. Others also went public with similar claims.

ANI had previously defended its actions. “It’s not extortion. It is lawful protection of property” the agency told The Collective during the initial investigation. (read here). YouTube, facing a rare blowback over its three-strike policy and its review mechanism in India, tried to claim it was playing an intermediary and not a judge.

Initially responding  to our investigation, it had told us, YouTube does not sit in judgment on such claims. It wrote to us, “We don’t adjudicate copyright ownership disputes or make legal determinations on the merits of fair use or other exceptions. Our role is to process copyright takedown notices that comply with applicable law.” (Read it here).

We have now found that YouTube’s claim that it just processes takedown notices significantly masks its internal review mechanism.

In a copyright case, YouTube actively mulled over claims of violation after a content maker pushed back against ANI, set off a chain mail seeking more information from ANI, and finally let the YouTuber retain the disputed content online.

However, it did not disclose the basis for its decision or why it changed its decision in the next.

During our investigation, we found YouTube had dealt differently with different content producers, pulling down some creators’ videos and letting off others. What was consistent in its policy was it did not tell the creators how it decided which material fell within the fair-use provisions of Indian copyright law and which didn’t, leaving them to live with the consequences of its decisions, and on several occasions, at the mercy of ANI.

This overwhelming and discretionary power that YouTube holds over the work of millions of creators has set off a heated debate since The Collective’s recent revelations.

Enter Ramit

Ramit Verma runs two popular satirical channels on YouTube: Official PeeingHuman and Kroordarshan. In June 2024, ANI began sending copyright violation notices to YouTube against 14 of his videos.

YouTube wrote back to ANI. “We are concerned that your copyright notification may not be valid for the video(s) listed below. Please keep in mind that in many countries, it is legal to use copyrighted works in specific ways without the owner’s authorization, particularly for transformative purposes such as news reporting, parody, commentary, or review.”

YouTube was referring to the ‘fair dealing’ provisions under the Indian copyright law.

It demanded more information from ANI for its claims.

Contrary to YouTube’s claim of not being an adjudicator, in this case it demanded details from ANI to find out if the videos had been made under fair dealing provisions of the law or not.

ANI then provided a detailed response for stated questions that YouTube reviewed and declined. It wrote to ANI, “We remain concerned that your removal request isn’t valid for the video(s) listed below. As a result the content will remain live on YouTube.”

YouTube wrote to Ramit, “We believe your content is protected by fair use, fair dealing, or a similar exception to copyright protection. We are writing to let you know we do NOT plan to remove your video(s) at this time.” YouTube had put the words in bold to add emphasis.

On the other two videos, YouTube agreed with ANI and blocked them. Ramit wrote back to YouTube that those too, were protected under the principle of fair dealing and were not in violation of copyright rules.

YouTube asked ANI if it had taken the dispute to court. ANI did not respond and YouTube unblocked these two videos as well.

ANI did not pursue any of its 14 notices further in court.

This case also shows that YouTube makes judgment calls on copyright disputes, and decides what is fair use of copyright material or what isn’t. When The Collective asked it to share its standards, tests and parameters for fair use on its platform, YouTube did not reply.

YouTubers have spoken against how this grey zone in YouTube’s policy has left a sword hanging over their heads, with ANI stepping up to use the opportunity to its advantage.

One of the prominent voices among them was Mohak Mangal, one of the largest current affairs creators in India on YouTube with over 4.6 million subscribers. On May 25, Mohak posted an 11-minute video on YouTube addressing ANI and what he claimed to be their “extortionary” tactics.

“This is their business model. Give a strike, get the channel deleted and use extortionary tactics to sell annual subscription plans. This is the state of the country,” he said.

In his video, Mohak claimed the media giant issued him two copyright strikes for using their clippings, one of which was as short as nine seconds. He furnished screenshots and emails, which he says are from ANI, stating the company initially demanded 48 lakh in penalties and licensing fees to remove the strikes. Otherwise, they threatened to issue more strikes to shut down his channel. Mohak also produced recordings of conversations that he says are negotiations between his team and an ANI official.

“On 20th May, I received my first copyright strike for my video on the Kolkata rape case. I made this video many months ago. Who sent the copyright strike, ANI. Why? Because in my 16 minute video I had used 11 seconds of their footage,” Mohak said in his video.

While Section 52 of the Indian Copyright Act establishes grounds for fair dealing, which includes criticism, comment, news, and reporting, it does not specify the exact duration of footage a YouTuber can use in their video.

Mohak said he had learned of other YouTubers facing similar challenges from The Collective’s report. 

We were unable to independently verify Mohak’s claims. He and his colleagues declined to speak to us. ANI, too, didn’t respond to our questions on his allegations or the evidence he shared. Its Editor in Chief, Smita Prakash has retweeted an article on May 26 whose headline read, “Piracy is not free speech. Why YouTubers must pay for ANI’s content.’

In less than two days, Mohak’s video clocked over 48 lakh views and stirred several creators to reveal their negotiations with the agency.

At least six YouTube creators—@peepoye, @OnlyNews 24×7, @samir_talks, @Thugesh, @DhaakadKhabarIN, and @rajatpawarr—spoke out in Mohak’s comment section, revealing that they had also received copyright strikes from ANI, in some cases along with demands for penalties exceeding Rs 18 lakh.

@rajatpawarr later uploaded a YouTube video in which he claimed that ANI issued a strike for a clip that does not necessarily belong to the company, “One of the clips maybe did not belong to the channel (ANI), only their mike was showing, but they issued a strike anyway,” he claimed.

The Collective was unable to independently verify the creators’ claims, but sought ANI’s response in a detailed questionnaire.

When The Collective first reported this story on May 19, we spoke to at least four creators and identified four more who had either signed or were in the process of signing expensive copyright deals with ANI, following threats to shut down their channels. At the time all the YouTubers preferred to stay off the record.

We followed up our first set of unanswered questions with a second set to YouTube and ANI. Neither responded by the time of publication despite repeated reminders. You can read the questions at the end of the story. We will update this developing story if and when either responds to our queries.

Popular journalist and YouTuber, Ravish Kumar, had told us, “How can three violations steal one’s means of livelihood and years of work?”

While ANI has directly and indirectly indicated before and after the revelations that it stands by its business methods, YouTube has preferred to remain quiet. So far.

Courtesy: The Reporters’ Collective

The post YouTube Says it Doesn’t Judge Claims of Copyright Violation. We Found it Does appeared first on SabrangIndia.

The media platform took to X, formerly Twitter, to announce YouTube’s decision.

चुनाव के बीच ‘Bolta Hindustan’ पर लगे बैन को हटाया गया, Youtube ने कहा- ‘हमें कुछ भी गलत नहीं मिला’ pic.twitter.com/sdX3YZANfO

— Bolta Hindustan (@BoltaHindustan) May 8, 2024

As per the channel, YouTube has undertaken a review and has now ‘confirmed’ that the channel is not in violation of the platform’s Terms and Service. 

In April, YouTube had informed the platform that they were being removed because the government sent them an order. This action had come just a week before voting for India’s Lok Sabha elections began in April, and therefore began raising allegations of press censorship. However, a month later in May, YouTube has reportedly reinstated the account apologising for any inconvenience caused. In response to the latest move, the platform has stated that they did not deter from following journalistic standards and principles. They took the legal path and asked YouTube to reconsider its decision to ban the channel. 

The founder of Bolta Hindustan, Haseen Rahmani, had spoken to Sabrang India after the ban, classifying the ban as an ‘attack on the messenger.’ citing how people who made hate speech were not being persecuted by those in power, but those who showcased crimes against the marginalised were instead being punished. 

This is however not the only independent news platform that has witnessed a ban in the past six months. Soon after Bolta Hindustan was banned, the central government had reportedly issued a notice to ban the online news platform National Dastak from YouTube. Two other platforms, including Article – 19 on April 3rd and Media Swaraj on February 8 were also banned. It is to be noted that each of these media platforms are independent media platforms that are not owned by corporate houses. They have also been noted for criticisms of the current government and its policies.

In 2023, India witnessed several of its news agencies being bought by corporate giants. Renowned agencies and media houses such as NDTV and IANS saw over 50% of their shares being bought by Gautam Adani. In an India where news channels are being increasingly bought by corporate giants with links to governments, the ban on these channels has brought about charges of infringing on press freedom. These bans have brought out criticism from India’s press unions. Press Club of India criticised the move to ban Bolta Hindustan and National Dastak as an “extreme act of the government.” 

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 Hindustan ko bolne do, says DUJ

The post YouTube reinstates Bolta Hindustan account, cites no wrongdoing after government order appeared first on SabrangIndia.

The National Dastak took to X, formerly Twitter, and spoke on the decision. The notice by Google, which was sent to the media platform on Monday, April 8, stated that it could not specify why the channel was being banned as the government had declared that reason confidential. The media platform posted in response:

“नेशनल दस्तक को बंद करवाना चाहती है सरकार।। 3 अप्रैल को यूट्यूब ने नोटिस भेजा था।। आर्टिकल 19 को भी नोटिस है। ।।आचार संहिता में ये सब हो रहा है।। लाखों अखबार टीवी न्यूज चैनल चल रहे। बहुजनों के नेशनल दस्तक से इतना डर।”

(The government wants to shut down National Dastak. YouTube sent a notice on April 3, a notice was also sent to Article 19 . All this is happening under the Model Code of Conduct. Lakhs of newspapers and TV news channels are running. Why are they so afraid of Bahujan people’s National Dastak?)

The ban has been notified in adherence to the with Rule 15 (2) of the Information Technology Rules, 2021 with Section 69A of the Information Technology Act 2000. with Section 69A of the Information Technology Act 2000.

National Dastak describes itself as ‘online media’ and a voice of the oppressed, including Dalits, Adivasis, minorities, backwards, women, and farmers. The YouTube channel had over 9 million subscribers. This has raised questions about why the government, without providing an explanation, is targeting and censoring independent media which are run by and report issues of the marginalised.

Bolta Hindustan’s founder, Haseen Rahmani, had spoken to SabrangIndia earlier and stated how the “messenger is being punished’. The media platform’s channel was similarly banned without providing any reason due to confidentiality of the notice by the government. He further elaborated, saying the media platform will take the legal route if necessary, “Those who give hate speech are free, but if you do a story on these givers of hate speech, then you are punished.”

Related:

Congress approaches Election Commission, raised Bolta Hindustan ban

“The messenger is being punished.” – Bolta Hindustan after YouTube channel ban

YouTube allows content containing false and incendiary information about India’s elections: report

YouTube strikes again, independent channel Media Swaraj, critical of regime shut down without notice, back on after outrage

The post After Bolta Hindustan, Centre tells YouTube to remove National Dastak channel appeared first on SabrangIndia.

The notice sent on April 3rd states that the Information Technology Act 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 has been violated. Furthermore, the notice is said to be confidential which means that it has not been disclosed why the channel has been banned. As per the channel, the ministry will give the final order soon.

The team at Bolta Hindustan has stated that it was only in 2023 that they could set up a YouTube channel which brought their news to a wider audience and by March 2024, they had accumulated nearly 80 million views and gained 300,000 subscribers, a remarkable number. However, after receiving a notice by Google on April 3, the channel was shut down the following day.

Journalist Samar Raj from Bolta Hindustan has asked whether the content of Bolta Hindustan is more dangerous than the communal environment created by those in power.

बोलता हिंदुस्तान के इंस्टाग्राम अकॉउंट को डिलीट करवाने के बाद, यूट्यूब चैनल को भी बंद करवा दिया गया है।
ईमेल में जवाब आया है-सूचना एवं प्रसारण मंत्रालय ने कहा है।@YouTubeIndia , @Meta और सरकार से सवाल-अभिव्यक्ति की आज़ादी कहाँ है? हमारी सुनवाई के अधिकार कहाँ हैं?: @SamarRaj_ pic.twitter.com/FOmyjXUEsx

— Bolta Hindustan (@BoltaHindustan) April 4, 2024

Interestingly, this is not the first instance of online news platforms being banned recently. On February 8, Sabrang India reported a platform managed by senior journalist Ram Dutt Tripathi named Media Swaraj was banned without any explanation. However, after much public outcry and an appeal, the channel resumed its broadcast on YouTube. Interestingly, YouTube is slated to be the most used source of news for 93 % of Indian internet users.

Haseen Rahmani founder of Bola Hindustan spoke to Sabrang India after the ban, saying “Those who give hate speech are free, but if you do a story on these givers of hate speech, then you are punished.”

He describes the events, “Two days ago, we received a confidential email from the Ministry of Broadcasting via Google’s legal team informing us that our YouTube channel has been banned, they did not tell us why as is routine. Our appeal has also been rejected. Two months ago, our Instagram account was banned, a year before that our Facebook.”

“Currently, we are first seeking clarification from YouTube and subsequently from the Ministry of Broadcasting (PIB). If we do not receive a response, we will only take the legal route forward. Our team is made of alumni from the Indian Institute of Mass Communication (IIMC), and is very familiar with media ethics and boundaries. We do not engage in incendiary content but present the truth. Interestingly, 90% of our channel’s stories are exclusive and not covered elsewhere by mainstream media – perhaps this is why they tried to ban our channel, they don’t want these stories to be shown. Hate speech is circulating freely. However, they will punish those who cover these stories of hate speech. They will punish the messenger.”

Several people on X, formerly Twitter, have written in support of the media portal, using the hashtag #RestoreBoltaHindustanYT.

#RestoreBoltaHindustanYT https://t.co/7Uk6JC1WgB

— Shyam Meera Singh (@ShyamMeeraSingh) April 4, 2024

सोशल मीडिया की सवाल करती हुई आवाज़ों पर पाबंदी लगाने की शुरुआत हो चुकी है. पहले @navinjournalist द्वारा संचालित आर्टिकल 19 के फ़ेसबुक पेज को बंद कर दिया गया, अब @BoltaHindustan के यूट्यूब चैनल को ही बंद कर दिया गया. ये इशारा है. इसके ख़िलाफ़ सभी को आवाज़ बुलंद करनी होगी. pic.twitter.com/4ED9c2pzUL

— Dr. Laxman Yadav (@DrLaxman_Yadav) April 4, 2024

A Hindi news media platform, Bolta Hindustan was reportedly started in 2015 when mainstream media took a nosedive. According to its website, the platform asserts that it is committed to bringing its viewers unbiased news. It was started by media students who wanted to bring to light stories that were ignored in the mainstream media.

From 2015 to 2024, Bolta Hindustan published many crucial stories that were path-breaking such as stories on demonetisation, CAA-NRC, Hathras, COVID-19, migration during the lockdown, mob lynchings, and ongoing hate speech across the country.

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The post “The messenger is being punished.” – Bolta Hindustan after YouTube channel ban appeared first on SabrangIndia.

The investigation has revealed that videos containing encouragement of voter suppression, violence and misinformation were allowed on the platform, according to coverage by Time Magazine. Titled ‘Votes will not be counted,’ details that YouTube, used by over 462 million people in India, has emerged as a very important area for political parties and campaigners in India and it argues that in the current age, political parties have resorted to tactics like purchasing ads and collaborating with influencers on the platform. The report also notes that the fate of the upcoming elections is said to be “dependent” to a large extent on the influence of YouTube. Similarly, Google, along with Kantar, itself had revealed that Indians use 5 platforms on the internet to get their news, one of which is YouTube which over 93% of Indian internet users use to get their news.

Access Now, which calls itself a grassroots-to-global organisation originally formed in the Silicon Valley in the US, and Global Witness is an international NGO founded in 1993 and has its offices located in Brussels, London and Washington D.C. The two organisations conducted a study and created some test runs which involved making some 16 short pieces of election disinformation content tailored to local events and existing misinformation in India. After translating the content into regional languages, they produced 48 videos, each of which featured text on coloured backgrounds. There onwards, they submitted these ads to YouTube between February and March 2024.

All of them were approved for publication on the website. These ads, which violated YouTube’s elections misinformation policies, were withdrawn within 24 hours of publication to prevent them from running on the platform.

Some of the examples of the test posts include the following. As is evident, some of these samples included material that had the most blatantly false pieces of information. However, despite that, as per the report, they were published.

“Due to an increase in infectious diseases, all voters will be automatically sent a mail-in ballot for the 2024 elections. Stay home and stay safe.”

“Combating ageism: new election rules to promote participation mean if you are over 50 your vote counts double.”

Nita Maheshwari, senior policy counsel from Access Now told Time Magazine, that they weren’t expecting such results, “Frankly, we weren’t expecting such a despicable result. We thought they would do better at least catching the English ads, but they didn’t, which means the problem is not the language, it’s more also a problem of which countries they’re choosing to focus on.”

The magazine also spoke to a Google spokesperson, who denied the claims, “Not one of these ads ever ran on our systems and this report does not show a lack of protections against election misinformation in India.”

Youtube’s Policies

“Voting age has been increased to 21 now. If you are under 21, please don’t try to vote – it will be unlawful.” – One of the test ads by the investigation that YouTube allowed to get published on its website.

YouTube claims to use variety and a combination of automated and human means of moderation to handle prohibited content. However, recent developments have seen tech giants such as Google, Amazon and even X, formerly Twitter, and Meta have laid off employees working in their fact-checking and hate speech curbing divisions, which does not bode well for internet safety. Google reportedly had a large number of layoffs, which included staff from its ‘trust and safety’ teams. The report tells us that this reduction in the workforce comes at a time when YouTube’s advertising revenue has surged to $31.5 billion, marking an 8 percent increase from the previous year. YouTube is owned by Google. With a current revenue of over 31 billion dollars, it was bought by the tech giant in 2006.

YouTube also is specifically reported to contain policy guidelines for misinformation during an election in its community guidelines. However, the report argues that despite Google India announcing in a blog post of this policy for the Indian elections, it does not seem to have been implemented for reviewing ads as of yet, the reports findings indicate. Furthermore, the report suggests that there may even be a hierarchy between countries in the implementation of such policies. The report notes that it had earlier conducted its analysis of disinformation around national elections in Portugal and the US. While the platform allowed such ads to be published in Portugal, the same did not take place during the elections in the US, YouTube rejected over 100 % of their test ads. What could this difference mean for the globe?

Therefore, this recent investigation shines a light on whether the tech giants actually take disinformation seriously and if it does – are its interests only located for developed and more powerful countries?

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The post YouTube allows content containing false and incendiary information about India’s elections: report appeared first on SabrangIndia.

When arguments lead by advocate Richarson Wilson were advanced by the petitioner, strangely, union of India’s MeitY were silent and left the response entirely to the corporate giant YouTube. This when it was at the behest of MHA-MeitY that the channels had been clocked/removed in the first place!

Now for the detailed timeline.

First, eight videos of RootsTamil were blocked (geographically) in India on May 16, 2023. Within a month on June 15, 2023 the entire channel was (geographically) blocked in India. Immediately thereafter, Karikalan and his team created Roots 24X7 on June 15, 2023 and on the next day, June 16, 2023 appealed to YouTube requesting information about the blocking of RootsTamil. Within five days they were simply informed –on June 21, 2023 that Roots 24X7 was terminated (permanently removed). [Reasons later given revealed that Karikalan was wrongly charged with “impersonation” of another channel when, in fact, it was that channel that had come in later impersonating Roots 24X7. On the same day, Karikalan and his team appealed to YouTube to restore 24X7 when on the same day they receive a reply that the channel cannot be restored. 

Then, on June 26, 2023, the team appealed to MeitY to restore RootsTamil and the very same day, unsurprisingly the Ministry replied confirming the complaint received from Union Ministry of Home (MHA) and asserting their action directing, to block the Roots Tamil. Undeterred, another channel on YouTube was created called Tribes but this time it took MeitY four months to block Tribes on October 6, 2023. This was when the feisty team filed a writ petition under Article 226 of the Constitution in the Madras High Court on October 18, 2023 demanding a restoration of their right to free speech! By November 2023 when the final order in their favour was delivered by the Madras High Court, huge resources and a substantial viewership had been sacrificed by this young journalist and his team. 

The six-month long saga meant that Tamil news channels were unilaterally removed, two others also blocked that were created in the wake of the blocking also blocked. Finally, both YouTube and MeitY went on the backfoot only after the Madras HC stayed the last censorship order (October 6, 2023) blocking Tribes and MeitY was forced to unblock all channel(s).

The devious role of MeitY extended even during the hearings in the High Court. When the stay was first granted in October 2023 and Tribes channel restored, Karikalan the editor in chief received a call from MeitY asking them to “apologise” for the content that had been removed! When he refused saying he had merely reproduced, reported on speeches and press conferences of social and political leaders, against whom no action had been filed, no cases lodged why should his news channel as communicator be penalized (victimized)? Undeterred the MeitY official tried to push harder asking him for a letter assuring that no such content against “National security” or “sovereignty” would be used in future. Again. Karikalan declined stating that when he did not accept the allegation, where was the question of such a pre-emotive note. Finally, MeitY had to give in to the impending proceedings in the High Court.

The Saga of a Fight for Free Speech –A Timeline:

16-May-2023: 8 Videos were blocked in India.

15-June-2023: “Roots Tamil” was blocked in India.

*15-June-2023: New Channel “Roots 24×7” was created.

16-June-2023: Appeal to YouTube Team, requesting the information about the blocking of “Roots Tamil”.

*21-June-2023: “Roots 24×7” was terminated (permanently removed).

21-June-2023: Appeal to YouTube Team to restore “Roots 24×7”.

21-June-2023: YouTube Team replied that the channel cannot be put back.

26-June-2023: Appeal to MeityY to restore “Roots Tamil”.

26-June-2023: MeitY replied, confirming the complaint received from Union Home Ministry and asserting their action directing, to block the “Roots Tamil”.

July 2023: Created new channel for third time, Tribes” 

06 Oct 2023:  MeitY initiated the process to block Tribes” 

18 Oct 2023:  Case Filed at Madras High court

Nov 2023:    All 3 channels were restored 1) Roots Tamil 2) Roots24X7 3) Tribes

Justification for MHA-MeitY-YouTube’s covert action

YouTube a mega corporation owned by Google clearly does as it is ordered by the union government of India. One-line responses to reasons for disappearances of content –without prior notice – are all that the service provider gives to YouTubers and Editors of YouTube channels. The much-abused section 69A empowers the Union Government to block the public from accessing “any information” on the internet when: (1) the Government believes it is “necessary or expedient”; and (2) it is in the interests of the defence, sovereignty, integrity, or security of India or its relations with foreign states, public order, or the incitement of a cognisable offence relating to these categories. When the government decides to block content, it must follow the procedure set out under the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009; however scant procedure was followed here.

In this instance too, it was when Karikalan appealed to MeitY, from June 2023 onwards that the reasoning of sorts, citing section 69(A) of the IT Act 2000 for eight videos in question was provided. MeitY, in its response stated that, as per a “complaint received from Ministry of Home Affairs, repeatedly videos have been by you (RootsTamil, Roots 24X7) which are “strongly advocating dissolving of India and fight for Tamil Independence, burning of constitution and inculcating separatists’ sentiments among people about ideology of Tamil Nationalism, separate Tamil nation etc have been reported.” Moreover, since “these kinds of posts are definitely against the interest of sovereignty and integrity of India”, accordingly “the inter-ministerial Committee has recommended blocking the YouTube channel. Based these recommendation and approval of Competent Authority, directions for blocking have been issued.”

The saga does not end here. In its appeal for a hearing before MeitY, Karikalan and team explain in detail the unreasoning behind the hasty and unilateral decision.

In their reasoned response to the MeitY they point out specifically that, only eight (eight) videos have been identified by MeitY as reasons behind the punitive action. All eight videos relay Coverage and News Reporting of various Political Public Meetings by Political Parties concerning their official stand on various current issues, Protests by Political Movements in Tamil Nadu, and the interviews of the Members and Participants. None of those actually making these speeches have been acted against, no cases filed. 

This is a classic case of “Shooting the Messenger”.

For example:

1. The following https://www.youtube.com/watch?v=6gDxd2eP8UA displays Mr. Thiyagu’s speech at a Public Meeting held on behalf of Periyar EVR’s 144th Birth Anniversary (Social Justice Day) organized by ‘Podhumai Sei Study Circle’ at Porur, Chennai. In this speech, Mr. Thiyagu criticizes the Tamil Nadu DMK Government and Dravidian Model. He compares Periyar EVR’s perspective of the Dravidian Model with the DMK-led government’s Dravidian Model. He also explains the Periyar EVR’s dream of a casteless, religionless Dravidian Society and criticizes Chief Minister MK Stalin-led DMK Government.
   
2. The following https://www.youtube.com/watch?v=rRe5dWYL8dE displays Mr. Jayaraman’s speech at a public meeting at Arangam, Adyar, on Feb 12th of 2023, held on behalf of the 200th Anniversary of Saint Vallalar. The topic discussed was, knowing Vallalar through the words of Valluvar. He explained the history of Vallalar, How Vallalar fought against the discriminatory the Caste system. He also criticized those who wish to create a casteist ecosystem with the name of Tamil and Tamilnadu.
3. The following https://www.youtube.com/watch?v=YV-Z6zARBUM displays Mr. Pozhilan’s speech at a Seminar on 02nd April 2023 on the topic ‘Who are Tamils’, at Pavalareru Tamil Kalam, Medavakkam, Chennai. This was organized as there are debates in Tamil Political Scenario (e.g.: Naam Tamilar) reg Tamil People and their Castes. Mr. Pozhilan insisted that no one should be discriminated against by birth and that No caste should be a prefix or suffix to Tamil.
4. The following https://www.youtube.com/watch?v=fd4VwWAdg3k displays Mr. Praveen’s speech at a public meeting held at MGR Nagar Market, Chennai. The meeting was about Manu Smrithi which had created controversies in Tamil Nadu (Also at that time Honorable MP Mr. A. Raja’s speech related to Manu was widely commented on and debated). He explained why Dr. Ambedkar resigned from the Ministry and why Periyar EVR called the cadres to burn the Constitution and also recalled the incidents and historical reasons stated about these events. He quoted Periyar’s speech, wherein he asks that, if the law protects the castes, then why shan’t we burn those laws? In the same way, why shouldn’t we burn the constitution/law? The ultimate intention is nothing but the critical approach towards the caste system and historically how the Tamil people and Periyar handle any law which supports caste system.
5. The following https://www.youtube.com/watch?v=xaj7gfjtyW8 displays Mr. Kondalsamy’s speech at a public meeting held at MGR Nagar Market, Chennai. The meeting was about critical analysis of Manu Smrithi which had created debate in Tamil Nadu in recent days (Also at that time Honorable MP Mr. A. Raja’s speech related to Manu was widely commented on and debated). He highlighted since 1989, around 30 judgments issued by the court of laws of different jurisdictions which quoted Manusmrithi. Also, he spoke regarding how Manusmrithi was and irrelevant and injustice on par with modern Constitution and Rule of Law.
6. The following https://www.youtube.com/watch?v=aC43eyts4Mc displays the Interview with Mr. Rajiv Gandhi, Spokesperson and Student wing chairperson of Dravida Munnetra Kazhagam. In this video, he explains the Speech of Honourable MP A. Raja about Manusmrithi. He also explains Hindu Code Bills, the usage of the word Sudra, and the odds of caste discrimination. Also, he explains how Sethupathi Chieftains/Kings went to the Privy Council against the then-existing laws/Hindu laws and got their rights of succession and their properties.
7. The following https://www.youtube.com/watch?v=aC43eyts4Mc displays Hon’ble Justice GR Swami Nathan’s speech at a book release function about the demography and constitution, of Tamil language activists. Professor and Researcher Mr. Mani Ko Panneerselvam gave an Interview reg the above speech. In this, Prof explains what were the view of Sankaracharya and a few of his supporters. He compared Bhagavad Gita and Thirukural. Also, he explained how the views of Manu Smrithi followers and Thirukural followers differ.
8. The following https://www.youtube.com/watch?v=_gJtOP3tMac Mr. Viduthalai Arasu and Mr. Kali Poongundran’s speech at a Public Event about the fundamental right under article 15. This public conference’s core motive was Equality and Social Justice. It was organized by association of Priests trained by the Govt of Tamil Nadu scheme. The dismissal of Priests appointed by (the Govt of Tamil Nadu) at Vayalur Murugan Temple, by the High Court order has been taken for discussion. Both Mr. Seeni Viduthalai Arasu of Thanthai Periyar Dravidar Kazhagam and Mr. Kali Poongundran of Dravidar Kazhagam spoke about the social justice movement and Periyar EVR’s Social Contribution in that arena. No person should be banned from performing Pooja based on race or caste was the core insistence of their speeches. Also the Judge’s remark and judgment were quoted all along the speech and critically analysed with the relevant Judgments of Apex Court in the same subject matter.

This was when finally, they are called to Delhi for a meeting at MeitY. On arrival there, Karikalan who is fluent in Tamil and other south Indian languages urges that he be assisted by his counsel since officials only spoke English! When initially they refused the advocate entry, Karikalan – a journalist who had already expended considerable resources for travel and stay from Chennai to Delhi—insisted on getting this refusal in writing. At this, MeitY officials disappear, confer, then return and inform him of relenting, accepting his advocate’s presence but –ironically—stating that this would now be a meeting not physical, but online. Which means that the entire effort was further postponed and their trip wasted.

Detailed documents of this fascinating and tragic case study are available with the channel but cannot be published as MeitY has decreed that their “Orders are confidential as per rules of procedure”

During the arguments in the Madras High Court, Karikalan the Petitioner submitted succinctly that since as of date, “no penal action has been initiated against any of the political parties, Members or Movements, Speakers, etc. of the aforesaid concerned identified videos. Therefore, the channel by itself has not transmitted any information against the interest of the Sovereignty or integrity of India, the security of the State, Friendly relations with foreign States, Public Order, etc. The channel has not violated the intermediary guidelines and digital media ethics.” 

Besides, he argued that “the wholesale blocking of an account is not only disproportional and excessive, but it impedes a user’s right to freedom of speech and expression enshrined under Article 19(1)(a). It effectively assumes that the future speech of the user would also fall within the four corners of the grounds under Section 69A of the IT Act and renders the user incapable of voicing themselves. Initiates a prior restraint on speech as well as a chilling effect that prevents users from posting anything in fear of losing access to their accounts.”

The judgement of the Madras High Court may be read here

Detailed documents of this fascinating and tragic case study cannot be published or made public because MeitY Orders are “confidential” as per their “rules of procedure”

Postcript:

Section 69A (a product of the 2009 Rules) was applied to ensure this draconian mode of censorship even as the controversial 2021 changes to the IT Rules had been notified on April 6, 2023. Communicator comedian, Kunal Kamra filed his petition challenging these amendments on April 10, 2023 and on April 24, 2023 the Union of India gave an undertaking to the court not to notify the amendments stayed. A split verdict was delivered in the Bombay HC in January 31, 2024 and now the case will be heard afresh. 

A brief legal analysis of the present situation may be read here

The post EXCLUSIVE: Three independent Tamil channels win battle against censorship by MeitY-YouTube after 6 months of a gritty battle appeared first on SabrangIndia.

The mandatory appeal filed by Media Swaraj was brief and filed on the prescribed format. The channel informed Sabrang India that “We have been following all rules and guidelines and see no valid reason for this drastic action. We have filed an appeal against this decision and requested them to restore the channel.”

Ram Dutt Tripathi, senior journalist and with the BBC for 21 years is the founder and anchor of the channel, Media Swaraj news YouTube channel that is being run on the principles of Public Service Journalism and has been following rules and guidelines. The focus of the platform is politics, democracy, rule of law, health and environment. The channel has been terminated by the YouTube on 7th February around 4 pm.

Media Swaraj and Ram Dutt Tripathi received the intimation of the unilateral termination by email and an appeal has been filed on prescribed format. The news has come as a shock to Media Swaraj listeners and subscribers. People are expressing their support and solidarity. Tushar Gandhi, great grandson of Mahatma Gandhi is one among them. On the afternoon of Thursday, Media Swaraj received an email that the channel has been restored.

Founders have no claim, traitors and deserters have ownership rights in politics in India #Shiv_Sena #NCP #ECI

— Tushar GANDHI (@TusharG) February 6, 2024

In solidarity with #Media_Swaraj You Tube shame on you for suspending an independent media channel for doing their job without partiality. #Free_Media_Swaraj

— Tushar GANDHI (@TusharG) February 7, 2024

Related:

A split judgment in the challenge against the 2023 IT amendments

The post YouTube strikes again, independent channel Media Swaraj, critical of regime shut down without notice, back on after outrage appeared first on SabrangIndia.

According to the channel head veteran journalist M.A. Kazmi, Youtube sent no warning message that it intended to terminate the channel. The Delhi Union of Journalists feels that, given the timing of this termination, it is a political move, possibly undertaken under pressure from various quarters. The DUJ has appealed to YouTube to immediately restore the channel and let it resume its coverage.

The DUJ has, in its statement also pointed out that it takes years of persistent coverage for a small channel to establish a viewership and reputation. Such efforts must not be destroyed at one fell stroke. YouTube needs to be transparent in all such matters and make public the full reasons for its action. Arbitrarily closing down a channel is a blow to both democracy and free speech.

The statement by DUJ has been issued by Sujata Madhok, president, SK PAnde, vice president, and AM Jigneesh, general secretary.

Related:

DUJ Protests freezing of media accounts

The post Restore the channel, Media Star World, DUJ tells YouTube appeared first on SabrangIndia.

On December 13, 2022, during the ongoing Winter Session of the Parliament, Lok Sabha Members Shri Parthiban S.R. (DMK), Shri Vincent H. Pala (INC), Shri Rajan Vichare (Shiv Sena), Ms. Ramya Haridas (INC), Shri Pradeep Kumar Chaudhary (BJP) and Shri Manoj Kotak (BJP) raised the question whether some websites/news publishers on the internet are running fake news through online media, giving details thereof. They also asked to be provided with the details of the special provisions and other mechanisms available –as also the steps taken– to prevent/curb such misleading or fake news in the country.

The Minister of Information and Broadcasting, Shri Anurag Singh Thakur, responded to the said question by informing the Lok Sabha that “The Government has notified Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021) under Information Technology Act, 2000, on 25th February, 2021, which inter- alia provides for Code of Ethics to be followed by publishers of news & current affairs on digital media and a three level grievance redressal mechanism for looking into complaints relating to violation of the Code of Ethics by such publishers. The Code of Ethics for news publishers on digital media requires adherence to the Norms of Journalistic Conduct of Press Council of India (PCI), which has specific norms relating to accuracy & fairness and reference to caste, religion or community.”

With regards to the steps taken by the government, the minister said that “Under the provisions of IT Rules, 2021 the Ministry issues directions for blocking of content of digital news publishers covered under the provisions of Section 69A of Information Technology Act, 2000. From December, 2021, the Ministry has issued direction for blocking of 104 YouTube news channels, 45 videos and 25 social media accounts/posts/Apps/websites of digital news publishers under these provisions.”

Further questions were then put by MPS to the ministry, these above named MPs then queried, “whether the Government proposes to regulate every website spreading fake news, misleading youths and instigating people especially about caste and religion and the details thereof.” Responding to this, Anurag Singh Thakur replied that “The Ministry of Information & Broadcasting has set up a Fact Check Unit (FCU) under the Press Information Bureau (PIB) in November, 2019. The Unit is mandated to counter misinformation on Government policies, initiatives and schemes either suo-moto or under a reference via complaints. The Fact Check Unit receives communication/message from the public at large through Whatsapp (+918799711259), email (pibfactcheck@gmail.com), Twitter (@PIBFactCheck) and PIB’s website (www.pib.gov.in). Since its establishment, FCU has done fact check in 1,405 cases and posted the result about such fact checks on its social media accounts.”

Lastly, the minister additionally informed the Lok Sabha that “Under the Cable Television Networks (Regulation) Act, 1995 every TV channel is required to adhere to the Programme Code laid down thereunder. Vide Cable Television Networks (Amendment) Rules, 2021, the Government has laid down a Three Tier Grievance Redressal Mechanism to address grievances relating to violation of the Programme Code. Appropriate action is taken where such violations are found.”

The reply can be read here:

Fake News

The menace of fake news is not a recent issue in India, it has not just proliferated but appears to be actively promoted, often even generating social tensions and outbreaks of violence. Political parties and prominent personalities in India have tried to gain political advantage by polarising the elector/voter’s mind by providing “news” with “dubious content” with the intention of deceiving them. This also leads to an intensification of tensions between different sections of society.

As can be deduced from the answers mentioned above, the government is placing its major reliance on the laws that are already in place. There have been no actual actions or steps taken to curb the fake news that spreads in social media. Instead, political parties have set up IT Teams to propagate fake news to push their agendas.

Also, depending on the person responsible for posting un-verified information, action by the government currently in power, has differed. As Sabrangindia had pointed out, criminalisation of the act—even the weapon of arrest –has been used when the person belongs to the political opposition or is expressing views that are critical of the regime. For example, on December 6, 2022 Gujarat Police detained Saket Gokhale, the national spokesperson for the Trinamool Congress (TMC), for allegedly promoting a fake news story concerning Prime Minister Narendra Modi’s visit to Morbi in response to the October bridge collapse tragedy. His offence? He allegedly promoted a fake news story concerning Prime Minister Narendra Modi’s visit to Morbi in response to the October bridge collapse tragedy.

As the Sabrangindia report had then explained, “Gokhale, 35, tweeted a screenshot by a twitter account called @thedaxpatel which quoted a Gujarat Samachar article claiming an RTI had revealed that Rs. 30 Crore was spent on PM Modi’s visit to Morbi in the aftermath of the bridge collapse. Gujarat Samachar has reportedly denied filing any such RTI.  There were about 135 fatalities from the bridge accident. On November 1, the PM travelled to the town in his native state, where he also met the injured people and saw the scene of the disaster. The twitter account @thedaxpatel could not be found on twitter at the time of writing the article on December 8.” 

Some instances wherein fake news was spread while no action was taken against the perpetrators are

• Colonial Navy Symbol Fiasco: In September, 2022, India Today anchor Shiv Aroor hosted a show wherein he claimed that Manmohan Singh’s government had the Indian Navy bring back a colonial ensign after it was banished during Atal Bihari Vajpayee’s rule. Aroor’s point of outrage, implied if not explicit, was that while the BJP, from Vajpayee to Modi, cared for India’s nationalist ethos while the Congress was far removed from it.

• When the said claims were fact checked by Alt News, it was revealed that the ensign was not reintroduced under Manmohan Singh but under Vajpayee. Additionally, the colonial ensign was not brought back, apparently on the Navy’s request, not for any sentimental reason but because it needed to be visible in the open sea. No such punitive action has been taken against Shiv Aroor.

• Shraadha Walkar case fake identity video: On November 21, a video was shared by many known faces on the right including Priti Gandhi, national social media in-charge for the BJP, where a man was being interviewed about the Shraddha Walker murder case. The man can be heard saying that it was “normal” for Aaftab, the accused in the Shraddha murder case, to cut Shraddha’s body into 35 parts. In fact, if a man is angry, they can even cut the body into more than 35 parts. When asked about his hometown, the man replies by stating that he is from Bulandshehar and his name is Rashid Khan.  Priti Gandhi had shared the video with the caption, “Meet Rashid Khan from Bulandshahr. He strongly believes that it is absolutely normal for Aftab to have chopped Shraddha into 35 pieces. Where are we headed?”

• On November 25, the Bulandshahr Police notified that the man in the video has been arrested and his real name is not Rashid Khan but Vikas Kumar who already had multiple cases lodged against him. He was later arrested. No action, however, was taken against Priti Gandhi for spreading fake news, a powerful persona of the party in power. No action was taken against the youtube ‘news’ channel that aired the video either. In fact, the video still exists online. In fact multiple tweets from verified accounts that still identify Vikas Kumar as Rashid Khan and use that fact to spread hatred, are still up on the microblogging site.

• JNU Doctored Video: In 2016, it was alleged that Shilpi Tiwari, a close aide of Union HRD minister Smriti Irani, was  behind the circulation of one of the ‘doctored’ JNU videos. At least two out of the seven video clips of alleged ‘anti-national’ sloganeering in Jawaharlal Nehru University (JNU) captured on 9 and 11 February are believed to have been ‘doctored’. Tiwari was also the campaign manager for Irani during the Lok Sabha election in Amethi. The forensic report had said the second video shared online by Shilpi had ‘discrepancies’ in the lip sync as the audio and video streams were from different sources and “merged with an intention to make these recordings appear as representations of true events.” Even though this news was picked up by mainstream media, there was no action taken against Shilpi. Her personal freedom was not denied.

• Shaheen Bagh fake news: In January, 2020 Amit Malviya, the powerful head of the Bharatiya Janata Party’s IT cell, shared a video on social media of a random group of persons claiming that the women of Delhi’s Shaheen Bagh are being paid to protest against the Citizenship Amendment Act. Malviya’s allegation was found baseless by a collaborative Alt News-Newslaundry investigation. 

Related: 

CJP moves NBDSA against News18’s fake story on bombing in Bengal School

CJP Impact: NBDSA directs Zee News to take down video of communal show on Population Control

Fact-Finding Report of Himmatnagar and Khambhat Riots in Gujarat

Hate Buster! Kolkata cop was not killed by mob protesting Nupur Sharma’s anti-Prophet comments

Hate Buster: Harsha Jingade’s sister does not support calls to boycott Muslim businesses

https://www.sabrangindia.in/article/saket-gokhale-being-selectively-targeted-spreading-fake-news

The post More than 100 YouTube channels blocked under new IT Rules: GOI appeared first on SabrangIndia.

A recent report by the NYU Stern Center for Business and Human Rights has revealed how YouTube “serves as a venue for political disinformation, public health myths, and incitement of violence.”

India is the platform’s biggest market with more than 450 million users. But unfortunately a large number of these users are engaged in targeting of Muslims, the content creators allegedly being backers of the ruling Bharatiya Janata Party (BJP) and other right-leaning Hindu nationalist groups, according to the report titled A Platform Weaponized: How YouTube Spreads Harmful Content-And What Can Be Done About It.

The report cites a 2021 report titled How Anti-Muslim Content Spreads on YouTube in India, where a non-profit organization called First Draft News which counters hate and misinformation, identified a number of Islamophobic channels, “each with more than a million subscribers that demean Muslims and incite violence against them.”

Moreover, the report focuses on the online attacks on women “often blend with anti-Muslim themes in India” who are made subject to grave threats often delivered as selfie videos. The fact that social media can be toxic to and for all women, regardless of religion, region, political affiliation and even nationality, is indisputable. But in India, Muslim women in particular are subject to an orchestrated right-wing campaign, abused for both their gender and their religion. This is made worse with the tacit complicity of the government of the day that harbours a hate-filled ideology and holds undisputed sway and power.

The report even addressed last year’s incident where nearly 80 Muslim women were targeted and put up “for sale” on the S**li Deals app, and in January 2022, where over 100 Muslim women were targeted using the B**li Bai app. Both B**li and S**li are sexually derogatory words used to target Muslim women. In both cases, there was no real sale of any kind – the purpose was to degrade and humiliate Muslim women by sharing their personal images, and also to harass them by sharing their personal information.

Moreover, Karen Rebelo, an investigative reporter told the NYU Stern Center how social media has “diluted the quality of journalism and allowed the rise of propaganda to masquerade as news.” Speaking of Hindutva hostility towards Muslims in India, the report names news outlets such as News Nation, ABP News and Zee News with millions of subscribers on YouTube who are actively involved in spreading “anti-Muslim animus” on a daily basis and even amplifying “misleading and inflammatory claims” against Muslims specially during the pandemic. 

For instance, it stated how the viral videos on the platform helped spread a conspiracy theory that Muslims purposefully spread coronavirus in India as a form of jihad. It went on to cite the examples of rivalries between groups of street vendors that turned violent after “YouTube-fueled campaigns singled out Muslim merchants for attack.”

The report addresses the difficulties faced by the platform in monitoring and taking action against such activity. Prateek Waghre, a researcher with the Technology and Policy Program at the Bangalore-based Takshashila Institution told the NYU Stern Center, “You will rarely find a YouTube content creator who sticks to just one language, or especially just English. They are most likely switching between at least English, Hindi, probably a bunch of other languages as well.”

Recommendations by NYU Stern Center:

1.     Disclose more information about how the platform works

2.     Facilitate greater access to data that researchers need to study YouTube

3.     Expand and improve human review of potential harmful content

4.     Invest more in relationships with civil society and news organisations

In CJP’s one of many steps to counter online hate, a complaint was made to YouTube, urging them to take action against hateful content by acting on their Community Guidelines to counter Hate Speech on their platform. As a set of examples, CJP listed some hateful content on the platform which had not been taken down by them despite being flagged. Later, YouTube apprised CJP that they have taken cognisance of the accounts that were reported and suspended the flagged videos violating YouTube’s Community Guidelines regarding Hate Speech.

The report may be viewed here: 

Related:

Muslim women threatened with sexual assault: How does the law defend them?
CJP’s next step in countering Online Hate: YouTube urged to take action against hateful content
CJP Impact: YouTube responds to CJP’s complaint, takes down hate filled content!
CJP approaches Twitter over sexually violent content against Muslim women
CJP approaches Twitter over sexually violent content against Muslim women
CJP Impact: Twitter suspends 21 accounts threatening Muslim women with sexual violence
Facebook refuses to act on CJP’s complaints against Ragini Tiwari

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