India’s government has proposed a new set of regulations that would require tech giants like Facebook and Google to remove “unlawful” content within 24 hours. It’s not clear what kind of content the government will deem unlawful, but it could include anything from blasphemous material to misrepresentation or fake news. The Indian Minister for Information Technology Ravi Shankar Prasad says he wants to bring social media platforms under control with this new legislation because they currently lack accountability for their actions.
New Indian government social media rules and regulations
The Indian government’s new social media regulation rules are aimed at controlling social media companies such as Facebook, WhatsApp and Twitter. Under the new regulations, these companies will be required to remove content within 24 hours of a government request if it’s deemed to be “unlawful.” Failure to comply with these regulations could result in fines or imprisonment for executives at these companies.
The move is part of a larger effort by the Indian government to curb press freedom in the country by regulating how much information gets shared online. This has been happening since February when Prime Minister Narendra Modi passed an order requiring news outlets wishing to report from Parliament to submit their coverage plans five days in advance and give copies of their stories six hours before they publish them online or air them on television channels
The new rules require major tech companies to find and remove “unlawful” content within 24 hours of a government request, with failure to do so leading to harsh consequences. Under the law, the types of content that can be considered unlawful include anything that is “blasphemous,” inflammatory against religions or their prophets, hate speech aimed at inciting violence against certain groups of people and other forms of content that could cause communal violence.
But how will it be enforced? This is an especially important question given India’s history of censorship: In 2015, Indian authorities blocked more than 800 websites including GitHub (a site frequently used by developers) in order to prevent cheating during exams administered by India’s Central Board for Secondary Education. And just last year they blocked more than 200 news sites (including The Wire) as part of an effort aimed at curbing fake news ahead of state elections in Karnataka.
What kinds of content is Indian government worried about?
The RTI Act is a powerful tool, but what the government wants to do with it is not clear. The Ministry of Information and Broadcasting has published guidelines on how to use RTIs, but they are very sparse and leave much of the decision-making up to the individual department.
In addition to this lack of clarity, there are many other ways in which press freedom can be curtailed in India. For example:
- Blasphemy laws – In 1988, India passed its first religious offense law that criminalized “deliberate and malicious acts intended to outrage religious feelings.” It was applied over 100 times between then and 2016 (the most recent year for which statistics have been released). However, these laws have often been used by Hindu nationalists against minority groups such as Muslims; they’ve also been used against writers who criticize Hinduism or politicians who question idolatry.
- Misrepresentation – Another problem with media laws is that they don’t make clear how “misrepresentation” should be defined or punished under law—it’s too vague for censors even when used properly. This means that any content deemed “misleading” can be banned from distribution without any explanation from officials—which puts reporters at risk because they won’t know exactly when their work might get censored until after publication has occurred!
Blasphemy of religions or their prophets is also forbidden and can result in fines and jail time.
Blasphemy is not a crime in India.
In Pakistan, it’s illegal to defile the name of Muhammad or defame Islam. The penalty for doing so can be life imprisonment, but there have been several incidents in which people have been sentenced to death for blasphemy—though no one has yet been executed under this law.
The same applies in Saudi Arabia: insulting Allah or Muhammad is punishable by death, although executions are rare and usually reserved for those convicted of killing religious police officers. In Egypt, blasphemy is defined as any act that insults God or Muslims (or their prophets). Blasphemy charges are common in Bangladesh as well; earlier this year an atheist blogger was convicted for “hurting religious sentiments” after publishing articles critical of Islam on his blog and Facebook page.
A number of sweeping changes are being made under the guise of misrepresentation and fake news, India’s Minister for Information Technology Ravi Shankar Prasad told reporters.
“A number of sweeping changes are being made under the guise of misrepresentation and fake news,” India’s minister for information technology Ravi Shankar Prasad told reporters. “We have a responsibility to protect the truth and our society.”
In practice, this means that any content that could offend religious groups, incite violence or harm public morality can be removed from online platforms within 24 hours of its posting. If it is not taken down voluntarily by the platform, users will have to face legal action from an additional gatekeeper: an intergovernmental team that will monitor whether such content violates Indian law.
The government is also concerned about fake news as well as hate speech on social media platforms such as Facebook and WhatsApp; it has asked both companies multiple times this year alone about their plans for tackling these issues in India—and asked them again last month when they announced new features aimed at reducing misinformation on their platforms.
How will the Indian government enforce the rules?
The government has not provided any details about how it will enforce the rules. However, it seems likely that the rules will be enforced through a combination of legal action and other means.
The Indian government could use the law to force companies to take down content when a complaint is filed against it for violating the code. It can also force companies to monitor content for potential violations and share user data with law enforcement agencies on demand.
In addition, should a company refuse or fail to comply with requests from authorities or just ignore them altogether, strict penalties await them as well as their founders: up to 10 years in prison and fines up to Rs1 million (approximately US$13,000).
India’s extraordinarily strict censorship regime is not going away anytime soon.
While it’s unlikely that the Indian government will change its censorship policies any time soon, if you’re a journalist looking to spread awareness about your cause, there are ways to do so.
If you’re trying to get word out about your work but need help with messaging and strategy, reach out here.
Conclusion
This is a big blow to freedom of speech in India, but it’s not an unexpected one. The government has been on a tear lately, passing laws that curb free expression and banning popular apps like TikTok, WhatsApp, and Google Maps from its citizens’ phones. This latest development shows just how far India’s government will go to control the internet—and how little regard it has for privacy rights or freedom of expression.
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