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Draconian rules

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

The new amendment rules on intermediary guidelines amount-to censorship

With the advent of social media — the product of the evolution of the Internet into a sphere of communication that allows for relatively unfettered user-generated content — the problem of misinformation has taken a grotesque form. Express measures to curb 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 entity. In the IT (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023, the Union government has added a provision 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 ” 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 elucidates the procedure to issue takedown orders, which these notified amendments could bypass . 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 for judicial oversight , 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 by media organisations. Takedown notices have been issued by the government for critical opinion or commentary on social media platforms, with several having to comply-with them and only a few such as Twitter contesting them in courts. By threatening to remove a platform’s immunity for content that is flagged 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 — which includes the executive government of the day — on its toes and to speak truth to power is a non-negotiable and salient role of journalism in a democracy. In India, freedom of the press is guaranteed through Article 19 of the Constitution, with media rights and public right to free speech derived from this Article. It stands-to reason 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 on what constitutes “false” or “fake” news and having the power to act-upon platforms for publishing these will amount to draconian censorship.

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Draconian
(adjective) – Harsh, oppressive, severe, strict, austere

कड़ा, निर्दय

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Amendment (noun) – Modification, revision, alteration, change, improvement,

संशोधन

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Intermediary
(noun) – it refers to social media companies or internet service providers that enable and manage the exchange of information between users.

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Amount
to (phrasal verb) – Be equivalent to, add up to, be tantamount to,

के बराबर होना

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Censorship
(noun) – Suppression, restriction, control, restraint, curtailment,

नियंत्रण

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Advent
(noun) – Arrival, emergence, inception, appearance, onset,

आगमन

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Evolution
(noun) – Development, growth, progression, maturation, unfolding,

विकास

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Sphere
(noun) – Domain, area, field, realm, territory,

क्षेत्र

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Unfettered
(adjective) – Unrestricted, unrestrained, unconstrained, unbridled,

अनियंत्रित

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Misinformation
(noun) – Disinformation, false information, distortion, fabrication,

ग़लत जानकारी

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Grotesque
(adjective) – Bizarre, distorted, deformed, unnatural, abnormal,

विकृत

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Curb
(verb) – Restrain, control, limit, check, suppress,

नियंत्रण करना

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Somewhat
(adverb) – Slightly, moderately, relatively, fairly,

कुछ हद तक

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Division
(noun) – Department, section, branch, unit,

विभाग

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Regulating
(adjective) – Controlling, managing, directing, overseeing,

नियमित करनेवाला

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Misleading
(adjective) – Deceptive, false, inaccurate, incorrect,

भ्रामक

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Risk
(verb) – Endanger, jeopardize, imperil, hazard,

खतरे में डालना

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Safe harbor
(noun) – it refers to Section 79, which grants intermediaries immunity from liabilities for the content that third parties post on their platforms, as long as they adhere to certain guidelines and act upon unlawful content when notified.

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Liability
(noun) – Responsibility, obligation, accountability,

दायित्व

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Problematic
(adjective) – Troublesome, difficult, contentious, debatable,

समस्यात्मक

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Elucidate
(verb) – Clarify, explain, illuminate, expound, interpret,

स्पष्ट करना

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Takedown
(noun) – Removal, deletion, erasure, suppression, withdrawal

, हटाना

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Bypass
(verb) – Circumvent, avoid, evade, sidestep, skirt,

टालना

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Run afoul of
(phrase) – Violate, infringe, breach, break, contradict,

उल्लंघन करना

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Verdict
(noun) – Judgment, decision, ruling, resolution, determination,

निर्णय

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Oversight
(noun) – Supervision, surveillance, inspection, monitoring, scrutiny,

निगरानी

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Sit on
(phrasal verb) – Suppress, stifle, restrain, hold back, withhold,

दबाना

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Scrutiny
(noun) – Examination, inspection, analysis, evaluation, investigation,

छानबीन

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Commentary
(noun) – Explanation, interpretation, exposition, annotation, review,

टिप्पणी

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Comply
with (phrasal verb) – Adhere to, abide by, conform to, follow, obey,

पालन करना

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Contest
(verb) – Challenge, dispute, oppose, question, resist,

विरोध करना

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Threaten
(verb) – Intimidate, menace, terrorize, alarm, warn,

धमकी देना

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Immunity
(noun) – Protection, exemption, freedom, impunity, privilege,

छूट

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Flag
(verb) – Signal, indicate, point out, draw attention to, identify,

संकेत करना

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Chilling
effect (noun) – Deterrent, discouragement, intimidation, inhibition, constraint,

डराने वाला प्रभाव

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Keep someone on one’s toes
(phrase) – Alert, attentive, watchful, vigilant, on guard, स

तर्क रखना

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Non
-negotiable (adjective) – Unalterable, inflexible, fixed, unchangeable, immutable,

अचल

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Salient
(adjective) – Prominent, important, significant, noticeable, striking,

प्रमुख

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Derive
(verb) – Obtain, gain, acquire, attain, secure,

प्राप्त करना

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Stands to reason
(phrase) – Logical, rational, reasonable, sensible, coherent

, युक्तिसंगत

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Keep at arm’s length
(phrase) – Maintain distance, avoid closeness, be detached, be aloof,

दूर रखना

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Arbiter
(noun) – Judge, adjudicator, referee, mediator, negotiator

, मध्यस्थ

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Constitute
(verb) – Comprise, make up, form, compose, establish,

बनाना

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Act upon
(phrasal verb) – take action according to or in the light of.

पर कार्रवाई करना