Hindi English Translation || Editorial || Draconian rules: On the impact of the IT (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023

Draconian rules: On the impact of the IT (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023

The new amendment rules on intermediary (‍मध्‍यस्थ) guidelines amount to censorship

With the advent (आगमन, आविर्भाव) of social media — the product of the evolution (विकास, प्रगति) of the Internet into a sphere (an area/field of activity; arena, domain, realm, field, territory, area) of communication that allows for relatively (अपेक्षाकृत) unfettered (निरंकुश, अप्रतिबंधित) user-generated content — the problem of misinformation (गलत सूचना) has taken a grotesque (ridiculous, outrageous, inappropriate, shocking; strange, bizarre) form. Express measures (उपाय, कदम) to curb (निंयत्रण रखना) misinformation, called “false news” and the somewhat inaccurate “fake news”, are a must. However, this raises the question whether the Union government or its divisions can be the regulating (नियमित करनेवाला) entity (organization, establishment, body, unit). In the IT (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023, the Union government has added a provision (प्रावधान, खंड) of a fact-check unit to identify fake or false or misleading online content related to the government. Against such content identified by this unit, intermediaries, such as social media companies or net service providers, will have to take action or risk losing their “safe harbour (a place of safety; something that provides safety/protection; a regulatory provision that provides protection/safety. (The Indian government is reconsidering a key aspect of cyberspace — ‘safe harbour’, which is the principle that so-called ‘intermediaries’ on the internet are not responsible for what third parties post on their website. This is the principle that allows social media platforms to avoid liability for posts made by users))” protections in Section 79 of the IT Act, which allows intermediaries to avoid liabilities for what third parties post on their websites. This is unacceptable and problematic. Also, Section 69A of the IT Act, 2000 (Section 69A of the Information Technology Act, 2000, was introduced by an amendment to the Act in 2008. It gives the Central government the power to block public access to any information online — whether on websites or mobile apps) elucidates (स्पष्ट करना, समझाना) the procedure to issue takedown (removal of a content (in reply to a formal request)) orders, which these notified amendments could bypass (उपमार्ग बनाना). They also run afoul of Shreya Singhal vs Union of India (2015), a verdict with clear guidelines for blocking content.

Without a right to appeal or the allowance (permission, consent, granting, authorization) for judicial oversight (निरीक्षण, निगरानी), the government cannot sit on judgment on whether any information is “fake” or “false” as the power to do so can be misused to prevent questioning or scrutiny (examination, inspection, investigation) by media organisations. Takedown notices have been issued by the government for critical (आलोचनात्मक) opinion or commentary (comments, opinions, remarks, reports, analysis) on social media platforms, with several having to comply with (follow, obey, conform to, adhere to, abide by) them and only a few such as Twitter contesting them in courts. By threatening to remove a platform’s immunity (exemption, exclusion, exception, indemnity, freedom, exemption from punishment, freedom from punishment) for content that is flagged (indicate, point out, identify; draw attention to something) by a government unit, it is clear that the Union government intends to create a “chilling effect” on the right to speech and expression on online platforms. To keep the establishment (the authority, the government, the powers that be, the ruling class, the regime) — which includes the executive (the executive is a branch of government that enforces the law as written by the legislature and interpreted by the judiciary)P government of the day (existing at a particular period of time; incumbent, reigning, present, in power, in office) — on its toes and to speak truth to power is a non-negotiable (inviolable, undebatable, unchallengeable) and salient (important, main, major, primary, notable) role of journalism in a democracy. In India, freedom of the press is guaranteed (assure, promise, support, back, vow) through Article 19 of the Constitution, with media rights and public right to free speech (the right to express one’s opinions publicly (without any restraint)) derived from this Article. It stands to reason (it is obvious, it is logical, it is sensible, it is understandable) that any relationship between the government and the media should be one kept at arm’s length, with the media having sufficient freedom. The government being the arbiter (judge, referee; authority, arbitrator) on what constitutes (comprise, amount to, compose, form, represent) “false” or “fake” news and having the power to act upon (to take action because of something) platforms for publishing these will amount to draconian censorship.

Courtesy: The Hindu

Important Word List With Meaning

1.draconian (adjective)

Hindi Meaning - कठोर, गंभीर
English Meaning - (of laws or punishments) extremely harsh, severe, strict, stringent, tough, oppressive.

2.intermediary (noun)

Hindi Meaning - मध्‍यस्थ
English Meaning - social media website, eCommerce website, blogging platform, search engine, telecom provider, Internet platform (hosting user-generated content), cloud provider, etc.

3.advent (noun)

Hindi Meaning - आगमन, आविर्भाव
English Meaning - arrival, appearance, emergence.

4.evolution (noun)

Hindi Meaning - विकास, प्रगति
English Meaning - progress, advancement, progression, development.

5.relatively (adverb)

Hindi Meaning - अपेक्षाकृत
English Meaning - comparatively, to a certain extent, somewhat.

6.unfettered (adjective)

Hindi Meaning - निरंकुश, अप्रतिबंधित
English Meaning - unrestrained, unrestricted, unconstrained, free, unchecked, unconfined, uncontrolled.

7.misinformation (noun)

Hindi Meaning - गलत सूचना
English Meaning - disinformation, false information, alternative fact, fake news, false rumour.

8.measure (noun)

Hindi Meaning - उपाय, कदम
English Meaning - action, step, procedure.

9.curb (verb)

Hindi Meaning - निंयत्रण रखना
English Meaning - limit, restrict, control.

10.regulating (adjective)

Hindi Meaning - नियमित करनेवाला
English Meaning - supervising, overseeing, monitoring, checking, inspecting.

11.provision (noun)

Hindi Meaning - प्रावधान, खंड
English Meaning - clause, requirement, condition, stipulation.

12.elucidate (verb)

Hindi Meaning - स्पष्ट करना, समझाना
English Meaning - explain, clarify, make clear.

13.bypass (verb)

Hindi Meaning - उपमार्ग बनाना
English Meaning - circumvent, avoid, dodge, sidestep.

14.oversight (noun)

Hindi Meaning - निरीक्षण, निगरानी
English Meaning - supervision, inspection, management, controlling/handling, direction.

15.critical (adjective)

Hindi Meaning - आलोचनात्मक
English Meaning - censorious, condemnatory, condemning, castigatory, reproving, disparaging, disapproving, scathing, criticizing.

16.The Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021 (noun)

English Meaning - it has been framed in exercise of powers under section 87 (2) of the Information Technology Act, 2000 and in supersession of the earlier IT (Intermediary Guidelines) Rules 2011. It empowers ordinary users of social media, embodying a mechanism for the redressal and timely resolution of their grievances. Rules about digital media and OTT focuses more on in house and self-regulation mechanism whereby a robust grievance redressal mechanism has been provided while upholding journalistic and creative freedom. The guidelines have been framed keeping in mind the difference between viewership in a theatre and television as compared to watching it on the Internet.

17.IT (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 (noun)

English Meaning - issued on 6th April, 2023, these Amendment Rules amend the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. These amendments creates a comprehensive framework for Online Gaming Eco-system and also deals with Fact checking related to online content pertaining to Government.

18.amount to (verb)

English Meaning - be equal to, be equivalent to, be tantamount to, represent.

19.censorship (noun)

English Meaning - the suppression of speech, public communication, or other information, on the basis that such material is considered objectionable, harmful, sensitive, or inconvenient.

20.sphere (noun)

English Meaning - an area/field of activity; arena, domain, realm, field, territory, area.

21.grotesque (adjective)

English Meaning - ridiculous, outrageous, inappropriate, shocking; strange, bizarre.

22.express (adjective)

English Meaning - rapid, swift, fast, quick, speedy, prompt.

23.entity (noun)

English Meaning - organization, establishment, body, unit.

24.safe harbour (noun)

English Meaning - a place of safety; something that provides safety/protection; a regulatory provision that provides protection/safety. (The Indian government is reconsidering a key aspect of cyberspace — ‘safe harbour’, which is the principle that so-called ‘intermediaries’ on the internet are not responsible for what third parties post on their website. This is the principle that allows social media platforms to avoid liability for posts made by users).

25.Section 79 in The Information Technology Act, 2000 (noun)

English Meaning - Section 79 of the Information Technology Act, 2000 exempts intermediaries from liability in certain instances. It states that intermediaries will not be liable for any third-party information, data, or communication link made available by them.

26.liability (noun)

English Meaning - accountability, responsibility, legal responsibility, answerability.

27.Section 69A of IT Act, 2000 (noun)

English Meaning - Section 69A of the Information Technology Act, 2000, was introduced by an amendment to the Act in 2008. It gives the Central government the power to block public access to any information online — whether on websites or mobile apps.

28.takedown (noun as modifier)

English Meaning - removal of a content (in reply to a formal request).

29.fall/run afoul of (phrase)

English Meaning - get into trouble, come into conflict with, go against (by not following rules/standards).

30.allowance (noun)

English Meaning - permission, consent, granting, authorization.

31.sit on (phrasal verb)

English Meaning - suppress, repress, squelch or silence someone/something forcefully; to force someone not to do something.

32.scrutiny (noun)

English Meaning - examination, inspection, investigation.

33.commentary (noun)

English Meaning - comments, opinions, remarks, reports, analysis.

34.comply with (phrasal verb)

English Meaning - follow, obey, conform to, adhere to, abide by.

35.immunity (noun)

English Meaning - exemption, exclusion, exception, indemnity, freedom, exemption from punishment, freedom from punishment.

36.flag (verb)

English Meaning - indicate, point out, identify; draw attention to something.

37.intend (verb)

English Meaning - plan, aim, think of, expect, want.

38.chilling (adjective)

English Meaning - frightening, terrifying, disturbing/horrifying.

39.Article 19(1) (a) of the Constitution of India (noun)

English Meaning - It states that, “all citizens shall have the right to freedom of speech and expression”.

40.the establishment (noun)

English Meaning - the authority, the government, the powers that be, the ruling class, the regime.

41.the executive (noun)

English Meaning - the executive is a branch of government that enforces the law as written by the legislature and interpreted by the judiciary.

42.of the day (phrase)

English Meaning - existing at a particular period of time; incumbent, reigning, present, in power, in office.

43.keep someone on their toes (phrase)

English Meaning - to remain alert and ready to deal with anything might happen.

44.non-negotiable (adjective)

English Meaning - inviolable, undebatable, unchallengeable.

45.salient (adjective)

English Meaning - important, main, major, primary, notable.

46.guarantee (verb)

English Meaning - assure, promise, support, back, vow.

47.Article 19 of the Constitution of India (noun)

English Meaning - Right to Freedom; it deals with “Protection of certain rights regarding freedom of speech, etc.”

48.free speech (noun)

English Meaning - the right to express one’s opinions publicly (without any restraint).

49.it stands to reason (phrase)

English Meaning - it is obvious, it is logical, it is sensible, it is understandable.

50.keep at arm’s length (phrase)

English Meaning - avoid being very close to someone/something; stay clear of, keep away from, keep one’s distance from.

51.arbiter (noun)

English Meaning - judge, referee; authority, arbitrator.

52.constitute (verb)

English Meaning - comprise, amount to, compose, form, represent.

53.act upon (phrasal verb)

English Meaning - to take action because of something.