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  • Imparting direction to science in India

    op-ed snap | Science Tech | Mains Paper 3: S&T – Applications In Everyday Life

    The article elaborates on the various aspect of the 5th Science Policy.

    Scientific publication from India and issues with it

    • From the report published by the National Science Foundation of the U.S. in December 2019, India was the third-largest publisher of peer-reviewed science and engineering journal articles and conference papers, with 135,788 articles in 2018.
    • This milestone was achieved through an average yearly growth rate of 10.73% from 2008, which was greater than China’s 7.81%.
    • However, China and the United States had about thrice and twice the number, respectively, of India’s publications.
    • Also, the publications from India are not impactful.
    • From the report, in the top 1% of the most cited publications from 2016 (called HCA, or Highly Cited Articles), India’s index score of 0.7 is lower than that of the U.S., China and the European Union.
    • An index score of 1 or more is considered good.
    • The inference for India is that the impact, and hence the citation of publications from India, should improve.

    Patents filed by India

    • The World Intellectual Property Organization (WIPO) through their Patent Cooperation Treaty (PCT) is the primary channel of filing international patent applications.
    • In its report for 2019, WIPO says India filed a modest number of 2,053 patent applications.
    • Compared to the 58,990 applications filed by China and 57,840 by the U.S., India has a long way to go.
    • The Indian Government put in place the National Intellectual Property Rights (IPR) Policy in 2016 to “stimulate a dynamic, vibrant and balanced intellectual property rights system”.
    • One of the objectives is human capital development.
    • The mission to foster innovation, replicate it at scale and commercialise it is a work in progress consequent to the policy.

    India’s Science Policies

    • There have been four science policies till now, after 1947, with the draft of the fifth policy having been released recently.
    • India’s first science policy adopted in 1958.
    • It led to the establishment of many research institutes and national laboratories, and by 1980.
    • The focus in the second science policy, Technology Policy Statement, in 1983, was technological self-reliance and to use technology to benefit all sections of the society.
    • The Science and Technology Policy 2003, the first science policy after the economic liberalisation of 1991, aimed to increase investment in research and development and brought it to 0.7%.
    • The Scientific and Engineering Research Board (SERB) was established to promote research.
    • In 2013, India’s science policy included Innovation in its scope and was called Science, Technology and Innovation Policy.
    • The focus was to be one of the top five global scientific leaders, which India achieved.

    What 5th science policy seeks to achieve

    • The draft of the Science, Technology and Innovation Policy 2020 (STIP2020)  has an ambitious vision to “double the number of full-time equivalent (FTE) researchers, Gross Domestic Expenditure on R&D (GERD) and private sector contribution to the GERD every 5 years” .
    • It also aims to “position India among the top three scientific superpowers in the next decade”.
    • It also defines strategies to improve funding for and participation in research. India’s Gross Domestic Expenditure on R&D (GERD) is currently around 0.6% of GDP.
    • This is quite low when compared to the investments by the U.S. and China which are greater than 2% and Israel’s GERD is more than 4%.
    • The policy seeks to define strategies that are “decentralized, evidence-informed, bottom-up, experts-driven, and inclusive”.

    Solutions to improve funding

    • STIP2020 defines solutions to improve funding thus: all States to fund research, multinational corporations to participate in research, fiscal incentives and support for innovation in medium and small scale enterprises.
    • The new measures should not become a pretext to absolve the Union and State governments of their primacy in funding research; the government should invest more into research.

    Other critical focus areas

    • 1) Other critical focal areas ar inclusion of under-represented groups of people in research.
    • 2) Support for indigenous knowledge systems.
    • 3) Using artificial intelligence.
    • 4) Reaching out to the Indian scientific diaspora for collaboration.
    • 5) Science diplomacy with partner countries.
    • 6) Setting up a strategic technology development fund to give impetus to research.

    Conclusion

    More specific directives and implementation with a scientific temper without engaging in hyperbole will be key to the policy’s success; and its success is important to us because, as Carl Sagan said, “we can do science, and with it we can improve our lives”.

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  • Who gets to decide what is legitimate free speech

    op-ed snap | Governance | Mains Paper 2: Executive & Judiciary,Governance, Transparency & Accountability, Citizens Charters

    The article highlights the challenges in regulating the Big Techs.

    Controlling Big Tech

    • Recently, the Indian government announced a sweeping array of rules reining-in social media.
    • Specifically, social media platforms are required to become “more responsible and more accountable” for the content they carry.
    • India is by no means alone in taking steps to regulate at Big Tech.
    • The social media companies would argue that they are self-regulating.
    • The problem is that their actions are ad hoc, inconsistent and reactive 

    Issues

    • A user can be removed from the platform if his post threatens the “unity, integrity, defence, security or Sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any foreign States”.
    • In other words, the government is giving itself plenty of room to cut Big Tech down to size.

    Why the issue needs government intervention: 3 arguments

    1) Conflict of interest

    • The government intervention rests on the presumption that it is never in the commercial interest of Big Tech to remove offensive speech.
    • This is because as such content goes viral more readily, bringing in more eyeballs, more data and more advertising revenue.
    • Big Tech proponents would contend that the companies are getting smarter about the risks of allowing such content on their systems and will inevitably find it in their self-interest to pre-emptively kill it.

    2) State is the guardian of public interest

    • A second argument in favour of government would be as follows: States are the guardians of the public interest.
    • In democratic societies, governments are elected to represent the will of the people.
    • So if there is a hard choice to be made about curtailing speech or permitting it, it seems only natural to turn to the public guardian.
    • The counter to this theory would be that, in practice, even democratically elected governments are far from perfect.
    • In fact according to The Economist Intelligence Unit’s Democracy Index, both India (ranked 53rd ) and the US (ranked 25th) are “flawed democracies”.
    • In parallel, the argument for Big Tech to be the upholder of the public interest could rest on the theory that well-functioning markets are superior to flawed democracies in optimising social welfare.
    • The counter-argument to this view would be that the tech industry is itself deeply flawed.
    • There is a lack of sufficient choice of platforms; there are asymmetries in power between the companies and users and Big Tech is amassing data on the citizens and using this information for its own purposes, which makes the disparity even greater.

    3) Bargaining power of BigTech

    • A third perspective is to acknowledge it doesn’t matter who is the “true” upholder of the public interest.
    • For all practical purposes, the outcome of the struggle between Big Government and Big Tech will be determined by relative bargaining power.
    • While governments technically have the ability to take entire platforms offline within the borders of their countries, these platforms are now so enormous that their users would revolt.
    • This is why we witnessed the audacity, recently, of Google and Facebook, threatening to de-platform Australia.

    Consider the question “What are the challenges in the regulation of Big Techs? Suggest ways to deal with these challenges.”.

    Conclusion

    While governments technically have the ability to take entire platforms offline within the borders of their countries, these platforms are now so enormous that their users would revolt. This is why we witnessed the audacity, recently, of Google and Facebook, threatening to de-platform Australia.

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  • Historical and Archaeological Findings in News

    10th century Buddhist Monastery uncovered in Jharkhand’s Hazaribagh

    | History | Mains Paper 1: Arts & Culture

    The Archaeological Survey of India (ASI) has unearthed a Buddhist monastery, believed to be at least 900 years old, buried under a mound in a village situated in a hilly area of Hazaribagh district of Jharkhand.

    Details of the excavation

    • The findings were significant since the monastery is on the old route to Varanasi, 10 km from Sarnath, where the Buddha gave his first sermon.
    • Archaeologists found four statues of the deity Tara in Varad Mudra and six statues of the Buddha in bhumisparsa Mudra
    • So it is a significant finding as deity Tara’s statues mean this was an important centre of the Vajrayana sect of Buddhism.
    • Vajrayana is a form of Tantric Buddhism, which flourished in India from the 6th to 11th century.

    Tap to read more about Buddhism at:

    Chapter 5 | Mauryan Period (400BC – 200BC)

    Learning: Various Mudra of Buddha

    PC: Pinterest

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  • Digital India Initiatives

    E-Daakhil portal for consumer grievance redressal

    Prelims Only | Governance | Mains Paper 2: Governance, Transparency & Accountability, Citizens Charters

    The Union Government has informed that the ‘E-Daakhil’ portal for consumer grievance redressal is now operational in 15 states and Union Territories (UTs).

    Try this question from our AWE initiative:

    What are the objectives sought to be achieved through The Consumer Protection (E-Commerce) Rules, 2020 to regulate commercial transactions? What are the issues with the rules? 10 marks

    E-Daakhil

    • The Consumer Protection Act, 2019, which came into force on July 20, 2020, has a provision for e-filing of consumer complaints in the consumer commissions and online payment of the fees for filing a complaint.
    • A web application for e-filing of consumer complaints named ‘edaakhil.nic.in’ has been developed by NIC for the purpose.
    • E-filing was launched by the National Consumer Disputes Redressal Commission (NCDRC) on September 7, 2020.
    • Delhi was the first state to implement it on September 8, 2020.

    Features of the portal

    • The E-Daakhil portal empowers the consumer and their advocates to file the consumer complaints along with payment of requisite fees online from anywhere for the redressal of their complaints.
    • It facilitates the consumer commissions to scrutinise the complaints online to accept, reject or forward the complaint to the concerned commission for further processing.
    • The digital software for filing consumer complaints has many features like e-notice, case document download link and virtual hearing link, filing written response by the opposite party, fling rejoinder by complainant and alerts via SMS/e-mail.
    • To facilitate the rural consumers for e-filing, it has been decided to integrate the common service centres (CSC) with the E-Daakhil portal.

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  • Historical and Archaeological Findings in News

    Inscription on Krishnadevaraya’s death discovered

    | History | Mains Paper 1: Arts & Culture

    The first-ever epigraphical reference to the date of death of Vijayanagara king Krishnadevaraya has been discovered in the Tumakuru district of Karnataka.

    Try this question from CS Mains 2016:

    Q.Krishnadevaraya, the King of Vijayanagara was not only an accomplished scholar himself, but was also a great patron of learning and literature. Discuss.

    Who was Krishnadevaraya?

    • Krishna Devaraya was the emperor of the Vijayanagara Empire during 1509–1529. He was the third ruler of the Tuluva Dynasty and is considered to be its greatest ruler.
    • He possessed the largest empire in India after the decline of the Delhi Sultanate.
    • Krishnadevaraya earned the titles Kannada Rajya Rama Ramana (lit, “Lord of the Kannada empire”), Andhra Bhoja (lit, “Andhra Bhoja(Scholar) King”) and Mooru Rayara Ganda (lit, “King of Three Kings”).
    • He became the dominant ruler of the peninsula of India by defeating the Sultans of Bijapur, Golconda, the Bahmani Sultanate and the Gajapatis of Odisha, and was one of the most powerful Hindu rulers in India.
    • Indeed, when the Mughal Emperor Babur was taking stock of the potentates of north India, Krishnadevaraya was rated the most powerful and had the most extensive empire in the subcontinent.
    • Portuguese travellers Domingo Paes and Fernao Nuniz also visited the Vijayanagara Empire during his reign.

    His literary work

    • The rule of Krishnadevaraya was an age of prolific literature in many languages, although it is also known as a golden age of Telugu literature.
    • He was fluent in many languages like Kannada, Marathi, Sanskrit, Telugu and Tamil.
    • Eight Telugu poets were regarded as eight pillars of his literary assembly and known as Ashtadiggajas. He himself composed an epic Telugu poem Amuktamalyada.
    • He took the title of Abhinava-Bhoja and Sakala-Kala-Bhoja (“Bhoja of all the arts”) in honour of Parmara emperor Bhoja who was a polymath, a master of 64 arts and a military genius.

    What does the inscription say?

    • As per the inscription, Krishnadevaraya died on October 17, 1529, Sunday.
    • Incidentally, this day was marked by a lunar eclipse.
    • The inscription also registers the gift of village Honnenahalli in Tumakuru for conducting worship to the god Veeraprasanna Hanumantha of Tumakuru.
    • The Kalahasti inscription refers to the date of Achyutaraya’s (his successor) coronation as October 21, 1529 AD.

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  • Wildlife Conservation Efforts

    Species in news: Caracal

    States | Enviro & Biodiversity | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia

    The National Board for Wildlife (NBWL) and MoEFCC last month included the caracal, a medium-sized wildcat found in parts of Rajasthan and Gujarat, in the list of critically endangered species under the Species Recovery Programme.

    Caracal in India

    IUCN status: Least Concerned

    • The wildcat has long legs, a short face, long canine teeth, and distinctive ears — long and pointy, with tufts of black hair at their tips.
    • The iconic ears are what give the animal its name — caracal comes from the Turkish karakulak, meaning ‘black ears’.
    • In India, it is called siya gosh, a Persian name that translates as ‘black Ear’.
    • A Sanskrit fable exists about a small wild cat named deergha-karn or ‘long-eared’.
    • While it flourishes in parts of Africa, its numbers in Asia are declining.

    Try this PYQ:

    Q.Consider the following pairs:

    Wildlife:  Naturally found in

    1. Blue-finned Mahseer: Cauvery River
    2. Irrawaddy Dolphin: Chambal River
    3. Rusty-spotted Cat: Eastern Ghats

    Which of the pairs given above are correctly matched? (CSP 2018)

    (a) 1 and 2 only

    (b) 2 and 3 only

    (c) 1 and 3 only

    (d) 1, 2 and 3

    In history and myth

    • The earliest evidence of the caracal in the subcontinent comes from a fossil dating back to the civilization of the Indus Valley c. 3000-2000 BC.
    • The caracal has traditionally been valued for its litheness and extraordinary ability to catch birds in flight; it was a favourite coursing or hunting animal in medieval India.
    • Firuz Shah Tughlaq (1351-88) had siyah-goshdar khana, stables that housed large numbers of coursing caracal.
    • It finds mention in Abul Fazl’s Akbarnama, like a hunting animal in the time of Akbar (1556-1605).
    • Descriptions and illustrations of the caracal can be found in medieval texts such as the Anvar-i-Suhayli, Tutinama, Khamsa-e-Nizami, and Shahnameh.
    • The East India Company’s Robert Clive is said to have been presented with a caracal after he defeated Siraj-ud-daullah in the Battle of Plassey (1757).

    Back2Basics: Species Recovery Programme of NBWL

    • The programme is one of the three components of the centrally funded scheme, Integrated Development of Wildlife Habitats (IDWH).
    • Started in 2008-09, IDWH is meant for providing support to protected areas, protection of wildlife outside protected areas and recovery programmes for saving critically endangered species and habitats.
    • So far, the recovery programme for critically endangered species in India now includes 22 wildlife species.
    • The NBWL in 2018 has added four species- the Northern River Terrapin, Clouded Leopard, Arabian Sea Humpback Whale, Red Panda- to the list.
    • Other species include the Snow Leopard, Bustard (including Floricans), Dolphin, Hangul, Nilgiri Tahr, Marine Turtles, Dugongs, Edible Nest Swiftlet, Asian Wild Buffalo, Nicobar Megapode, Manipur Brow-antlered Deer, Vultures, Malabar Civet, Indian Rhinoceros, Asiatic Lion, Swamp Deer and Jerdon’s Courser.

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  • Modern Indian History-Events and Personalities

    [pib] Who was Mannathu Padmanabhan (1878-1970)?

    Prelims Only | | Mains Paper 1: Modern Indian History

    The Prime Minister has tweeted tributes to Sri Mannathu Padmanabhan on his death anniversary.

    UPSC is digging deeper in the regional freedom movements to get such questions beyond our knowledge base.Try this question from CSP 2020

    Q.The Vital Vidhvansak, the first monthly journal to have the untouchable people as its target audience was published by:

    (a) Gopal Babu Walangkar

    (b) Jyotiba Phule

    (c) Mohandas Karamchand Gandhi

    (d) Bhimarao Ramji Ambedkar

    Here, we know something about options b, c and d. So it is less dicey to pull the odd man out.

    Mannathu Padmanabhan

    • Padmanabhan was an Indian social reformer and freedom fighter from the south-western state of Kerala.
    • He is recognised as the founder of the Nair Service Society (NSS), which claims to represent the Nair community that constitutes 12.10% (From KMS 2011) of the population of the state.
    • He fought for social equality, the first phase being the Vaikom Satyagraha, demanding the public roads near the temple at Vaikom be opened to low caste Hindus.
    • He took part in the Vaikom (1924) and Guruvayoor (1931) temple-entry Satyagrahas; the anti-untouchability agitations. He opened his family temple for everyone, irrespective of caste distinction.
    • He became a member of the Indian National Congress in 1946 and took part in the agitation against Sir C. P. Ramaswamy Iyer’s administration in Travancore.
    • As the first president of the Travancore Devaswom Board, he revitalised many temples which had almost ceased to function.

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  • A fine balance in digital age

    | Governance | Mains Paper 2: Executive & Judiciary,Governance, Transparency & Accountability, Citizens Charters

    The Digital Media Code seeks to balance the priorities and interests of several stakeholders. The article explains the various aspects of the code.

    Guidelines and ethics code

    • The Ministry of Electronics and Information Technology, Government of India (MeitY) has announced the proposed Intermediary Guidelines and Digital Media Ethics Code. 
    • The guidelines will cover social networks, digital media companies, and OTT platforms.
    • The guidelines will also make the nation’s sovereign stance clear on matters of ethics and the protection of freedom of expression of creators, publishers, and digital platform companies.
    • The guidelines and ethics code seek to balance the questions of accountability and grievance redressal that are posed by the citizens of the country.

    Balancing many priorities

    • The ministry’s announcement reveals an approach that is aligned with the thinking of today without imposing unreasonable boundaries on the innovation and expression.
    • The guidelines are designed to carefully balance the many priorities and contexts of all stakeholders.
    • With this move, India continues to deepen its position as a leader in digital policy and technological innovation.
    • These guidelines have been intentionally designed so that India’s next-gen digital media innovators can propel the acceleration of value generation and inclusive empowerment of their local users.
    • Global companies that have large user bases in the country can also align with a common framework that protects creators and consumers alike.

    Grievance redressal mechanism

    • The proposal has mechanisms that empower every social and digital media intermediary to self-enforce effective mechanisms to address complaints from users.
    • With a special focus on protecting the online safety and dignity of users, especially women, the guidelines have prioritised affirmative addressal of the most serious issues that have affected India’s digital population.
    • The digital platform companies are empowered to report the first originator of the grievance-causing information.
    • This will ensure that liability is limited while the country’s laws can be fully and effectively enforced on the actual perpetrators.

    Addressing the arbitrary censorship

    • Guidelines provide users with an opportunity to be heard — a vital defence against the arbitrary censorship that several social media platforms are increasingly embracing globally.
    • The need of the hour is for every country to have a body of clearly-defined policy that is consistent with the principles of their democracies.
    • The country’s guidelines will ensure that unlawful information has clear boundary conditions, liability is defined, the process for enforcement of orders is transparent.
    • The guidelines will also ensure that all social and digital media companies can rely on a consistent definition of the ethics code that protects all participants in the digital ecosystem.

    Conclusion

    This light-touch, empowering, and inclusive regulatory architecture is exactly what the country was hoping for, and India’s citizens will applaud this move as a foundational pillar towards an Atmanirbhar India.

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  • Anti Defection Law

    The absurdity of the anti-defection law

    op-ed snap | | Mains Paper 2: Parliament & State Legislatures

    The article highlights the shortcomings of the anti-defection law and its failure in ensuring the stability of the government.

    Background of anti-defection law

    • The anti-defection law was included in the Constitution as the Tenth Schedule in 1985.
    • The main purpose was to preserve the stability of governments and insulate them from defections of legislators from the treasury benches.
    • The law stated that any Member of Parliament (MP) or that of a State legislature (MLA) would be disqualified from their office if they voted on any motion contrary to the directions issued by their party.

    Issues with the anti-defection law

    1) Against the concept of representative democracy

    • The provisions of the anti-defection law is not limited to confidence motions or money bills.
    • It applies to all votes in the House, on every Bill and every other issue.
    • It even applies to the Rajya Sabha and Legislative Councils, which have no say in the stability of the government.
    • Therefore, an MP (or MLA) has absolutely no freedom to vote their judgement on any issue.
    • They have to blindly follow the direction of the party.
    • This provision goes against the concept of representative democracy.

    2) The act turns legislator to be an agent of  the party

    • There are two broadly accepted roles of a representative such as an MP.
    • One is that they are agents of the voters and are expected to vote according to the wishes and for the benefits of their constituents.
    • The other is that their duty to their constituents is to exercise their judgement on various issues towards the broader public interest.
    • In this, they deliberate with other MPs and find a reasonable way through complex issues.
    • The anti-defection law makes the MP neither a delegate of the constituency nor a national legislator but converts them to be just an agent of the party.

    3) Broken chain

    • The legislator is accountable to voters, and the government is accountable to legislators.
    • In India, this chain of accountability has been broken by making legislators accountable primarily to the party.
    • This means that anyone from the party having a majority in the legislature is unable to hold the government to account.
    • This negates the concept of them having to justify their positions on various issues to the people who elected them to the post.

    4) No incentive for MPs to understand policy choices

    • If an MP has no freedom to take decisions on policy and legislative proposals, there would be no incentive to put in the effort to understand the different policy choices and their outcomes.
    •  The MP becomes just another number to be tallied by the party on any vote that it supports or opposes.

    5) Weakening of the accountability mechanism

    • While introducing the draft Constitution, Dr. B.R. Ambedkar said that the presidential form (such as in the United States) had higher stability but lower accountability.
    • This is because the President is elected for four years, and cannot be removed except for proven misdemeanour.
    • In the parliamentary form, the government is accountable on a daily basis through questions and motions and can be removed any time it loses the support of the majority of members of the Lok Sabha.
    • The drafting committee believed that India needed a government that was accountable, even at the cost of stability.
    • The anti-defection bill weakens the accountability mechanism.

    6) The act fails to provide stability

    • The political system has found ways to topple governments by reducing the total membership through resignations.
    • In other instances, the Speaker — usually from the ruling party — has delayed taking a decision on the disqualification.
    • The Supreme Court has tried to plug this by ruling that the Speaker has to take the decision in three months, but it is not clear what would happen if a Speaker does not do so.
    • The premise that the anti-defection law is needed to punish legislators who betray the mandate given by the voters also seems to be flawed.
    • We have seen many of the defectors in States such as Karnataka and Madhya Pradesh being re-elected in the by-polls, which were held due to their disqualification.

    Way forward

    • The problem arises from the attempt to find a legal solution to what is essentially a political problem.
    • If stability of government is an issue due to people defecting from their parties, the answer is for parties to strengthen their internal systems.
    •  If parties attract members on the basis of ideology, and they have systems for people to rise within the party hierarchy on their capabilities rather than inheritance, there would be a greater exit barrier.

    Consider the question “How far has the anti-defection law succeeded in preventing the destabilisation of the governments? Give reasons in support of your argument.”

    Conclusion

    The anti-defection law has been detrimental to the functioning of our legislatures as deliberative bodies which hold the executive to account on behalf of citizens. It has turned them into fora to endorse the decision of the government on Bills and budgets. And it has not even done the job of preserving the stability of governments. The Tenth Schedule to the Constitution must be repealed.

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  • Social Media: Prospect and Challenges

    In Centre’s IT rules, there is accountability with costs

    op-ed snap | Trivia | Mains Paper 3: Social Media Networks & Internal Security

    The article examines the issues with  Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

    Change in the immunity for social media platforms

    • With the social media platforms amassing tremendous power, the Government of India and has over time sought to devise a core framework to governs social media.
    • This framework known as the “intermediary liability” has been made legally through Section 79 of the Information Technology Act, 2000.
    • This framework has been supplemented by operational rules, and the Supreme Court judgment in Shreya Singhal v. Union of India.
    • All this legalese essentially provides large technology companies immunity for the content that is transmitted and stored by them.
    • Recently, the Government of India announced drastic changes to it through the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

    Issues with the Rules

    1) Privacy concern

    • The regulations do contain some features that bring accountability to social media platforms.
    • For instance, they require that prior to a content takedown, a user should be provided adequate notice.
    • However, there are several provisions in the rules that raise privacy concerns.
    • Take traceability, where instant messaging platforms which deploy end-to-end encryption that helps keep our conversations private will now effectively be broken.
    • This is because now the government may require that each message sent through WhatsApp or any other similar application be tied to the identity of the user.
    • When put in the larger context of an environment that is rife with cybersecurity threats, an inconsistent rule of law and the absence of any surveillance oversight, this inspires fear and self-censorship among users.
    • The core of the traceability requirement undermines the core value of private conversations.

    2) Regulation without clear legal backing

    • The rules seek to regulate digital news media portals as well as online video streaming platforms.
    • Rules will perform functions similar to those played by the Ministry of Information and Broadcasting for TV regulation.
    • For instance, as per Rule 13(4), this also now includes powers of censorship such as apology scrolls, but also blocking of content.
    • All of this is being planned to be done without any legislative backing or a clear law made by Parliament.
    • A similar problem exists with digital news media portals.
    • The purview of the Information Technology Act, 2000, is limited.
    • It only extends to the blocking of websites and intermediary liabilities framework, but does not extend to content authors and creators.
    • Hence, the Act does not extend to news media despite which it is being stretched to do so by executive fiat.
    • The oversight function will be played by a body that is not an autonomous regulator but one composed of high ranking bureaucrats.
    • This provides for the discretionary exercise of government powers of censorship over these sectors.

    Way forward

    • This could have ideally been achieved through more deliberative, parliamentary processes and by examining bodies in other democracies, which face similar challenges.
    • For instance, OFCOM, a regulator in the United Kingdom, has been studying and enforcing regulations that promise higher levels of protection for citizens’ rights and consistency in enforcement.
    • Instead, the present formulation increases government control that suffers from legality and core design faults.
    • It will only increase political control.

    Consider the question “What is the purpose of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and what are the concerns with these rules?”

    Conclusion

    While every internet user in India needs oversight and accountability from big tech, it should not be at the cost of increasing political control, chilling our voices online and hurting individual privacy.

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