Hindi English Translation || Editorial || Safe harbour at risk: On the impact of the proposed Digital India Act, 2023

Safe harbour at risk: On the impact of the proposed Digital India Act, 2023

Regulation (विनियमन) of Internet intermediaries must not involve unreasonable requirements

In formally outlining the crux (essence, most important point, central point) of the proposed Digital India Act, 2023 (New Digital India Act will be a comprehensive overhaul of the country’s cyberlaws; it is a broad overhaul of the decades-old Information Technology Act, 2000), the Minister of State, IT, Rajeev Chandrasekhar, made a case for a robust (मजबूत, शक्तिशाली) replacement of the IT Act, 2000, which is somewhat obsolete (अप्रचलित) now. He ominously (alarmingly, threateningly, dangerously, menacingly, forbiddingly) added a question that the government sought to revisit (फिर से आना, पुनर्परीक्षा): “should there be a ‘safe harbour (सुरक्षित बंदरगाह)’ at all for all intermediaries?” This acquires significance as the government has been working towards increasing the compliance (अनुपालन) burden (बोझ, दायित्व) on Internet intermediaries, in particular (विशेष रूप से) in the IT Rules 2021 and its later amendments. These Rules themselves had put the onus (responsibility, burden, obligation, liability) on social media intermediaries to arbitrate on content on their platforms with regulations that were weighted (attribute importance to; provide value to) in favour of (पक्ष में) the government of the day (existing at a particular period of time), and had invited (आमंत्रित करना, नेतृत्व करना) legal appeals as digital news media platforms among others questioned the constitutionality (संवैधानिकता) of the Rules. Meanwhile, an amendment in October 2022 provided for government-appointed committees (समिति, परिषद) that will adjudicate (निर्णय करना, फैसला सुनाना) on an individual user’s appeals against moderation (the process of doing something within reasonable limits; temperance, fairness) decisions of these intermediaries. In January 2023, the IT Ministry proposed an amendment on the take down (remove, eliminate, withdraw) of social media/news content that has been marked (इंगित करना, प्रतिनिधित्व करना) as “fake” or “false” by the Press Information Bureau or any other government agency. These, in sum (in short, briefly, in a nutshell, to sum up), had already put the safe harbour protections for intermediaries (social media website, eCommerce website, blogging platform, search engine, telecom provider, Internet platform (hosting user-generated content), cloud provider, etc) at much risk.

Regulation of hate speech and disinformation (fake news, made-up story, false information, lie, falsehood) on the Internet is a must and intermediaries, including digital news media and social media platforms, have an accountable (responsible, answerable, liable) role to play. The IT Rules’ specifications on giving users prior notice before removing content or disabling access, and for intermediaries to come up with (propose, put forward, present) periodic (regular, recurrent, repeated, occasional) compliance reports are well taken (sound, justifiable, convincing). Social media intermediaries should not shut down (close down, stop, halt) users’ posts or communications except in the interests of public order (it means the situation that exists when people obey the laws, rules or authority of the State) and to avoid legal consequences (adverse results/fallouts; after-effects, repercussions). But care should be taken to ensure that requirements on intermediaries should not become needlessly (unduly, unnecessarily, inappropriately, unreasonably, unjustifiably) onerous (burdensome, difficult, tough, troublesome, stressful) and punitive, which also vitiate the principle of safe harbour. There is a legitimate (valid, reasonable, reliable; legal, lawful) concern that the government is keener on regulating (supervise, oversee, monitor, check, inspect, administer) or taking down critical (criticizing, disapproving, unfavourable, fault-finding) opinion or dissent (opposition, disapproval, disagreement, lack of agreement, difference of opinion, protest) in social media/news platforms than hate speech or disinformation, which in many cases has originated from representatives (official) of the state (the government, the administration, the executive, the regime). Safe harbour provisions (term, clause, requirement/condition), in particular Section 230 of the U.S. Communications Decency Act, 1996 (it states that “no provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” it protects Americans’ freedom of expression online by protecting the intermediaries they all rely on. Section 230 has protected all: small blogs and websites, big platforms, and individual users), that explicitly provided immunity (exemption, exclusion, exception, indemnity, freedom, exemption from punishment, freedom from punishment) to online services with respect to (in relation to something; referring to; concerning) user-generated content had gone a long way in catalysing (to cause/accelerate some action/process) the Net’s development (growth, evolution, progress, improvement). While modern regulations to tackle issues related to misinformation, problematic content and the side effects of the new form of the Internet are a must, they should still retain first principles of safe harbour without whittling down (reduce, cut down, lessen, decrease) their core (the fundamental/essential/central part of something).

Courtesy: The Hindu

Important Word List With Meaning

1.safe harbour (noun)

Hindi Meaning - सुरक्षित बंदरगाह
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).

2.at risk (phrase)

Hindi Meaning - खतरे में
English Meaning - in a situation where you may be harmed/damaged; in danger, in jeopardy, peril.

3.regulation (noun)

Hindi Meaning - विनियमन
English Meaning - supervision, overseeing, monitoring, inspection; control, direction, guidance.

4.robust (adjective)

Hindi Meaning - मजबूत, शक्तिशाली
English Meaning - strong, powerful.

5.obsolete (adjective)

Hindi Meaning - अप्रचलित
English Meaning - out of date, outdated, old-fashioned, no longer in use, discontinued, discarded.

6.revisit (verb)

Hindi Meaning - फिर से आना, पुनर्परीक्षा
English Meaning - reexamine, reevaluate, reanalyze, review.

7.compliance (noun)

Hindi Meaning - अनुपालन
English Meaning - adherence, observance, conformity.

8.burden (noun)

Hindi Meaning - बोझ, दायित्व
English Meaning - responsibility, onus, obligation, liability.

9.in particular (phrase)

Hindi Meaning - विशेष रूप से
English Meaning - specifically, especially, particularly.

10.in favour of (phrase)

Hindi Meaning - पक्ष में
English Meaning - in support of, to the advantage of, approving of.

11.invite (verb)

Hindi Meaning - आमंत्रित करना, नेतृत्व करना
English Meaning - cause, lead to, call forth, bring on, make happen.

12.constitutionality (noun)

Hindi Meaning - संवैधानिकता
English Meaning - legality, lawfulness, legitimacy, validity, rightness, permissibility.

13.committee (noun)

Hindi Meaning - समिति, परिषद
English Meaning - panel, council, advisory body,

14.adjudicate (verb)

Hindi Meaning - निर्णय करना, फैसला सुनाना
English Meaning - adjudge, judge, decide, settle, resolve.

15.mark (verb)

Hindi Meaning - इंगित करना, प्रतिनिधित्व करना
English Meaning - indicate, represent, signify.

16.Digital India Act, 2023 (noun)

English Meaning - New Digital India Act will be a comprehensive overhaul of the country’s cyberlaws; it is a broad overhaul of the decades-old Information Technology Act, 2000.

17.intermediary (noun)

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

18.internet intermediary (noun)

English Meaning - a company that facilitates the use of the Internet.

19.outline (verb)

English Meaning - define, indicate, summarize.

20.crux (noun)

English Meaning - essence, most important point, central point.

21.make a case for something (phrase)

English Meaning - to mention the reasons why something should be done.

22.Information Technology (IT) Act, 2000 (noun)

English Meaning - it is an Act of the Indian Parliament notified on 17 October 2000. It is the primary law in India dealing with cybercrime and electronic commerce.

23.ominously (adverb)

English Meaning - alarmingly, threateningly, dangerously, menacingly, forbiddingly.

24.sought past tense of seek (verb)

English Meaning - try, aim, attempt.

25.at all (phrase)

English Meaning - in any way; to any extent.

26.onus (noun)

English Meaning - responsibility, burden, obligation, liability.

27.arbitrate (verb)

English Meaning - judge, adjudicate, negotiate, mediate, intervene, decide, determine.

28.weight (verb)

English Meaning - attribute importance to; provide value to.

29.of the day (phrase)

English Meaning - existing at a particular period of time.

30.moderation (noun)

English Meaning - the process of doing something within reasonable limits; temperance, fairness.

31.take down (phrasal verb)

English Meaning - remove, eliminate, withdraw.

32.the take down (noun)

English Meaning - (the) removal, elimination, withdrawal.

33.The Press Information Bureau (PIB) (noun)

English Meaning - The Press Information Bureau (PIB) is the nodal agency of the Government of India to disseminate information to the print and electronic media on government policies, programmes, initiatives and achievements. It functions as an interface between the Government and the media and also serves to provide feedback to the Government on people’s reaction as reflected in the media.

34.in sum (phrase)

English Meaning - in short, briefly, in a nutshell, to sum up.

35.hate speech (noun)

English Meaning - abusive or disrespectful speech.

36.disinformation (noun)

English Meaning - fake news, made-up story, false information, lie, falsehood.

37.accountable (adjective)

English Meaning - responsible, answerable, liable.

38.play a role (phrase)

English Meaning - contribute to, be instrumental in, be a factor in.

39.come up with (phrasal verb)

English Meaning - propose, put forward, present.

40.periodic (adjective)

English Meaning - regular, recurrent, repeated, occasional.

41.well taken (adjective)

English Meaning - sound, justifiable, convincing.

42.shut down (phrasal verb)

English Meaning - close down, stop, halt.

43.in the interest of (phrase)

English Meaning - in order to achieve something (a specific result); of at the altar of.

44.public order (noun)

English Meaning - it means the situation that exists when people obey the laws, rules or authority of the State.

45.consequence (noun)

English Meaning - adverse results/fallouts; after-effects, repercussions.

46.needlessly (adverb)

English Meaning - unduly, unnecessarily, inappropriately, unreasonably, unjustifiably.

47.onerous (adjective)

English Meaning - burdensome, difficult, tough, troublesome, stressful.

48.punitive (adjective)

English Meaning - (of an activity) punishable by law; disciplinary, penal, corrective.

49.vitiate (verb)

English Meaning - destroy, impair, spoil, ruin.

50.legitimate (adjective)

English Meaning - valid, reasonable, reliable; legal, lawful.

51.keener comparative form of keen (adjective)

English Meaning - extremely keen, eager, or enthusiastic.

52.regulate (verb)

English Meaning - supervise, oversee, monitor, check, inspect, administer.

53.critical (adjective)

English Meaning - criticizing, disapproving, unfavourable, fault-finding.

54.dissent (noun)

English Meaning - opposition, disapproval, disagreement, lack of agreement, difference of opinion, protest.

55.representative (noun)

English Meaning - official.

56.elected representatives (noun)

English Meaning - Elected representatives are elected by the people in a country, city, or other geographical unit to represent them in a legislature or government.

57.the state (noun)

English Meaning - the government, the administration, the executive, the regime.

58.provision (noun)

English Meaning - term, clause, requirement/condition.

59.Section 230 of the U.S. Communications Decency Act, 1996 (noun)

English Meaning - it states that “no provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” it protects Americans’ freedom of expression online by protecting the intermediaries they all rely on. Section 230 has protected all: small blogs and websites, big platforms, and individual users.

60.explicitly (adverb)

English Meaning - clearly, unequivocally, understandably (without question/doubt).

61.immunity (noun)

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

62.with respect to (phrase)

English Meaning - in relation to something; referring to; concerning

63.go a long way (phrase)

English Meaning - will be very successful; help to achieve something.

64.catalyse (verb)

English Meaning - to cause/accelerate some action/process.

65.Net (noun)

English Meaning - Internet.