media and social media

Question 1

Federated Learning of Cohorts or FLoC?

Answer 1

recently Google announced plans to phase out support for third-party cookies on its Chrome browser. Additionally Google won’t be building any new alternate techto support user tracking on its browser.

In the absence of cookies, FLoC will be the alternative approach by which Google will help advertisers to advertise.

FLoC aims to track clusters of people with similar interests, instead of individuals. So the targeting will simply shift to collective habits of users.

Question 2

What is the protection accorded to intermediaries under Section 79 of IT Act?

Answer 2

Section 79 says that any intermediary shall not be held legally or otherwise liable for any third party information, data, or communication link made available or hosted on its platform.

This protection, the Act says, shall be applicable if the said intermediary does not in any way initiate the transmission of the message in question, select the receiver of the transmitted message, and does not modify any information contained in the transmission.

This means that as long as a platform acts just as the messenger carrying a message from point A to point B, without interfering with its content in any manner, it will be safe from any legal prosecution brought upon due to the message being transmitted.

Question 3

IT intermediary guidelines and digital media ethics rules 2021: under act

Answer 3

• sec 87(2) of IT Act 2000
• superseding IT (Intermediary Guidelines) Rules 2011

Question 4

IT intermediary guidelines and digital media ethics rules 2021: background?

Answer 4

2018: SC had observed that the GoI may frame necessary guidelines to eliminate child pornography, rape and gangrape imageries, videos and sites in content hosting platforms
2020: government brought video streaming OTT under MoI&B

Question 5

IT intermediary guidelines and digital media ethics rules 2021: for social media: main points?

Answer 5

1. categories of social media intermediaries based on no. of users
2. safe harbour provisions to be provisional on due diligence by intermediaries
3. mandatory grievance redressal mechanism
4. online safety and dignity of users
5. additional responsibility on significant SM intermediaries

Question 6

IT intermediary guidelines and digital media ethics rules 2021: for social media: categories of social media intermediaries based on no. of users?

Answer 6

• SM intermediaries
• Significant social media intermediaries

Question 7

IT intermediary guidelines and digital media ethics rules 2021: for social media: mandatory grievance redressal mechanism?

Answer 7

Grievance redressal officer- acknowledge the complaint within 24 hrs and resolve within 15 days

Question 8

IT intermediary guidelines and digital media ethics rules 2021: for social media: online safety and dignity of users?

Answer 8

remove or disable access within 24 hours of receipt of complaints by an individual or his surrogate of contents that show such individuals in full or partial nudity or is in the nature of impersonation including morphed images etc

Question 9

IT intermediary guidelines and digital media ethics rules 2021: for social media: additional responsibility on significant SM intermediaries?

Answer 9

1. grievance redressal (all resident in India)
   
   1. Chief compliance officer
   2. Nodal contact person
   3. Resident Grievance officer
   • all the above should be resident in India
2. Monthly compliance report
3. enable identification of first originaator of info, to be sought only in case of prevention, detection, investigation, prosecution or punishment of an offence related to
   
   1. sovereignty and integrity
   2. security of state
   3. friendly realtions with foreign states
   4. public order
   5. rape
   6. sexually explicit material
   7. child sexual abuse material (with punishment >5yrs)

Question 10

IT intermediary guidelines and digital media ethics rules 2021: for OTT?

Answer 10

1. self classification of content- 5 age based criterias
   
   • U (universal)
   • U/A 7+
   • U/A 13+
   • U/A 16+
   • A
2. parental lock for U/A 13+ or higher and reliable age verification mechanism for A
3. display rating to allow informed decision

Question 11

IT intermediary guidelines and digital media ethics rules 2021: for digital news media?

Answer 11

1. observe norms of journalistic conduct of PCI and Programme Code under the Cable Television Networks Regulation Act 1995
2. 3-level grievance redressal mechanism
   
   • first two self regulation by publishers
   1. grievance redresal officer to take decision within 15 days
   2. self regulating bodies of publishers
   • headed by retired judge of SC, C or independent eminent person
   • <7 members
   • adherence by the publisher to the Code of Ethics
   • for grievance not redressed within 15 days
3. oversight mechanism by a committee under MoI&B

Question 12

IT intermediary guidelines and digital media ethics rules 2021: pros?

Answer 12

level playing field between the offline (Print, TV) and digital media by asking them to abide by journalistic oncduct code and programme code

large focus on self-regulation

interim blocking provisons are not new; further they have to be ratified within 48 hs

Question 13

IT intermediary guidelines and digital media ethics rules 2021: cons?

Answer 13

• could have a chilling effect on free speech and conversations.
• in an emergency situation, interim blocking directions may be issued by the secretary, MoI&B
• new rules pertain only to digital news media, and not to the whole of the news media
• purview of the IT Act, 2000, has been expanded to bring digital news media under its regulatory ambit without legislative action
• imposing a compliance burden on digital publishers — many are small entities
• possibilities of all kinds of interventions
• how will social media messaging apps will be able to track the originator since they are end-to-end encrypted
• laws to combat unlawful content are already in place. What is required is their uniform application

Question 14

IT intermediary guidelines and digital media ethics rules 2021 : overview mindmap?

Answer 14

Question 15

Quote for state-society balance?

Answer 15

In ‘The Narrow corridor: states, societies and the Fate of liberty’ economists Acemoglu and Robinson, write that squeezed betn lawless chaos of a failed state (‘absentee leviathan’) and the choke on civil liberties by autocracy (‘despotic leviathan’), there is a narrow corridor where the state and society can be in balance (‘shackled leviathan’).

Question 16

SC verdict on internet shutdowns?

Answer 16

• laid down a framework of how the Internet can be suspended, and what rights and legal recourses a citizen has when it is suspended.
• Observations made on Internet restrictions:

1. Right to internet is a FR (subject to reasonable restrictions) included in Freedom of Expression
2. These freedoms could only be restricted as a last resort if “relevant factors” have been considered and no other options are there. It cannot be done by exercise of arbitrary powers.
3. Any order passed to restrict or suspend judicial scrutiny will be subject to judicial scrutiny.

• Observations on Section 144

1. Sec 144 cannot be used to suppress the legitimate expression of opinion or grievance, or the exercise of democratic rights.
2. When Sec 144 is imposed for reasons of apprehended danger, that danger must be an “emergency”.
3. The imposition of Sec 144 must strike a balance between the rights of the individual and the concerns of the state.
4. Powers under Sec 144 should be exercised in a reasonable and bona fide manner, and the order must state material facts in order to enable judicial review.

• Observations on 2017 rules:

1. court recognised that the 2017 Rules are the only procedure to be followed to suspend Internet services in the occurrence of a “public emergency” or for it to be “in the interest of public safety”.
2. reiterated that the competent authority to issue an order under the Suspension Rules, in ordinary circumstances, would be the Home min secy
3. Clear reasons for such orders need to be given in writing, and need to be forwarded to a Review Committee by the next working day.
4. confirmation must not be a mere formality, but must indicate independent application of mind by the competent authority to the order passed by the authorised officer, who must also take into account changed circumstances if any, etc.

Question 17

INternet shutdowns in India?

Answer 17

• India tops the list of Internet shutdowns globally. According to Software Freedom Law Center’s tracker, there have been 381 shutdowns since 2012, 106 of which were in 2019.
• Relevant legislative provisons:
  
  1. IT Act 2000, CrPC, 1973 and Telegrah Act 1885 deal with internet shutdowns
  2. Before 2017, Internet suspension orders were issued under section 144 of the CrPC.
  3. In 2017, the CG notified the Temporary Suspension of Telecom Services (Public Emergency or Public Service) Rules under the Telegraph Act to govern suspension of Internet. These Rules derive their powers from Section 5(2) of the Indian Telegraph Act, which talks about interception of messages in the “interests of the sovereignty and integrity of India”.
  4. According to these rules, only the Home Secretary of the country and a secretary of a state’s home department can pass such an order.
  5. These also state that any such order should be taken up by a review committee within five days.
  6. Rules also say that in case the confirmation does not come from a competent authority, the orders shall cease to exist within a period of 24 hours.
  7. Clear reasons for such orders need to be given in writing, and need to be forwarded to a Review Committee by the next working day.
  8. However, despite 2017 rules, govt has often used the broad powers under sec 144

Question 18

Mahatma Gandhi’s words on Journalism?

Answer 18

always insist on truth, and urge it with with humility and grace… to curb your pen and tongue. Exercise the strictest economy of words, bt nt of truth. retsrain your expression bt nt the inner light which should burn brighter with increasing restraint.

Question 19

“Media interest in conflict zones should move beyond reporting events”?

Answer 19

• Media interest in conflict zones should move beyond reporting events to understanding processes, seeking resolution
• On the ground, conflict reporting remains important. To be non-partisan, journalists should access both parties in the conflict, which can potentially contribute to the resolution of conflict and alleviation of violence.
• There is a growing disconnect in conflict-induced reporting. Journalists do what they prefer to do, while readers look for something else from reporting.
• Taliban has targeted the media and women in the media — mediapersons are not allowed to place their political views on social media. As a result, journalists often tend to self-censor their stories. Moreover, women journalists face peculiar threats.
• Indian photojournalist Danish Siddiqui’s death unravelled the flaws of embedding journalists with armed forces.
• media should continuously cover the conflict, of course, and not just evacuation of refugees and others. Evacuation is a short-term goal while the international media can amicably attempt to resolve the conflict by following editorial policies that push for conflict transformation.
• The media should also pay attention to marginalised sections, especially women, minorities and children, who face the brunt of societal prejudices. Their concerns are under-reported during war and armed conflict. For instance, few media outlets covered a group of disabled children who could flee Afghanistan.
• Usually, the media is driven by “breaking news”. However, the unexpected developments in Afghanistan have taught us the importance of keeping an eye on processes, not just events. In this context, sourcing the views of experts from Afghanistan who have migrated to the rest of the world, would be useful.
• International media should collaborate with the local media in developing and sharing editorial guidelines. The importance of local media coverage had become evident during the Balkan and Yugoslavia conflicts. However, local media should do responsible journalism by developing its own ethical guidelines and fulfilling the responsibility for alleviating conflict through accurate and non-partisan reporting.

Question 20

impact of instagram on teenagers’ mental health?

Answer 20

Acc to WSJ report, Instagram’s internal research has found that the app affects teens in the US and UK negatively.

Thirty-two percent of teen girls said that when they felt bad about their bodies, Instagram made them feel worse.

Teenagers also tend to blame their usage of Instagram for increased rates of anxiety and depression

13 percent of British users and six percent of users in the US connected their desire to kill themselves to their usage of Instagram.

Question 21

I&B Ministry can regulate content of which media? under what acts/rules?

Answer 21

Till 2021: TV channels, newspapers and magazines, movies in theatres and on TV, and the radio — barring the internet.

Post the implementation of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021: Regulatory powers extended over internet content too, especially on digital news platforms and OTT platforms such as Netflix, Amazon Prime or Hotstar.

● Through Cable TV network rules: The Information and Broadcasting Ministry, in 2021, amended the Cable Television Network Rules, 1994 regulating Cable TV networks, providing for a “statutory” mechanism for complaints raised by citizens regarding any content broadcast.
● The Electronic Media Monitoring Cell: It tracks channels for any violations of the programming and advertising codes mentioned in the Cable TV Network Rules, 1994. Violation can lead to revocation of a channel’s uplinking licence (for sending content to a satellite) or downlinking licence.

Question 22

Cable Television Networks (Amendment) Rules, 2021?

Answer 22

Provides a statutory mechanism for redressal of grievances/complaints of citizens.

• It provides for a three-level grievance redressal mechanism — self-regulation by broadcasters, self-regulation by the self-regulating bodies of the broadcasters, and oversight by an Inter-Departmental Committee at the level of the Union government.
• Procedure for grievance redressal:
• *1. A viewer can file a complaint directly to the broadcaster, who will have to respond within 15 days.**
• *2. If the complainant is not satisfied with the response, the complaint can be escalated to the self-regulating bodies set up by TV channels, which should deal with the case in 60 days.**
• *3. If the complainant is not satisfied with the decision of the self-regulating body, he may, within 15 days of such decision, prefer an appeal to the Central Government for its consideration under the Oversight Mechanism.**
• *4. Such appeals will be dealt with by the Inter-Departmental Committee set up under the Oversight Mechanism.**
• Various Self-regulatory bodies like News Broadcasters Standards Authority (NBSA) and Broadcasting Content Complaints Council (BCCC) will get legal recognition.
  • At present, there is an institutional mechanism by way of an Inter-Ministerial Committee to address grievances of citizens relating to violation of the Programme/Advertising Codes under the Rules.
  • Various broadcasters have also developed their internal self-regulatory mechanism for addressing grievances.
• This will bring the television’s self-regulatory mechanism at par with that being set-up for OTT players and digital news publishers, as envisaged in the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

Question 23

Cable Television Network Act, 1995?

Answer 23

• The Act aimed at regulating content and operation of cable networks. This Act regulates the ‘haphazard mushrooming of cable television networks’.
• Important Provisions:
  • Section 2: Under the Act, district magistrates, sub-divisional magistrates and police commissioners are the ‘authorised officers’ to ensure that the Programme Code is not breached.
  • Section 3: No person shall operate a cable television network unless he is registered as a cable operator under this Act.
  • Section 4A: It is obligatory for cable operators to transmit programmes of any channel in an encrypted form through a digital addressable system when the centre asks them to do so.
  • Section 16: Whoever contravenes any of the provisions of the code under the Act shall be punishable. The code, which contains an elaborate list of don’ts for cable TV channels, states that no programme should be aired that contains anything obscene, defamatory, false, and suggests innuendos and half-truths.
  • Section 19: Authorised officer has power to prohibit transmission of certain programmes in public interest if it promotes, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, linguistic or regional groups or castes or communities.
  • Section 20: Parliament has power to prohibit operation of cable television networks in public interest.

What kind of content is not allowed?
There are no specific laws on content allowed or prohibited in print and electronic media, radio, films or OTT platforms.
● The content on any of these platforms has to follow the free speech rules of the country. Article 19(1) of the Constitution, while protecting the freedom of speech, also lists certain “reasonable restrictions” including content related to the security of the state, friendly relationship with foreign states, public order, decency and morality etc.

Question 24

Indian Broadcasting Foundation?

Answer 24

is a unified representative body of the television broadcasters in India.

The organisation was founded in the year 1999.

Over 250 Indian television channels are associated with it.

The IBF is the parent organisation of the Broadcasting Content Complaints Council (BCCC) which was set up in the year 2011. The BCCC examines content-related complaints relating to all non-news general entertainment channels in India

In 2021, it expanded its purview to cover digital streaming platforms and will be renamed as the Indian Broadcast and Digital Foundation (IBDF).

The move would bring the broadcasters and OTT (over-the-top) platforms under one roof.

Question 25

Surrogate Advertising: what? other scrupulous advertising practices?

Answer 25

Surrogate advertising is a form of advertising which is used to promote regulated products, like cigarettes and alcohol, in the disguise of another product.

In India, tobacco products and alcohol cannot be advertised openly under laws like the Cigarette and Other Tobacco Products Act, 2003, which bans all kinds of direct and indirect advertisements of tobacco products. To circumvent them, surrogate advertising is done.

many alcoholic spirits and beverages are being advertised under the garb of music CDs, club soda and packaged drinking water whereas chewing tobacco and gutkha has taken the veil of fennel and cardamom,

The negative impact of surrogate advertisement: It violates the right to be informed (of negative effects), and the right to be safeguarded against potentially unsafe products.

Other questionable advertising practices:

• Bait advertising: It means enticing consumers to buy the product at a lower price. Computers and other high-tech items are easy to bait and switch because many people don’t understand the technology. So, when a salesperson claims that the only difference between this model and the one advertised is that the manufacturers are different, the consumer believes it. They are regulated in India
• Free advertisements: The advertising method that helps brands get free promotion and boost online presence without any high price tags.
• Advertisements targeted at children and youth: The guidelines prohibit the advertisement of such products that will harm kids in any way.
• The guidelines also prohibit advertisements that can develop a negative image of the body in the minds of the children. E.g Fairness cream etc.
• Advertisements also cannot give the impression that a product is better than the traditional food that children usually consume at home. E.g Maggi, Yippee noodles, etc.

Question 26

Surrogate Advertising: guidelines?

Answer 26

Central Consumer Protection Authority has come up with the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022.

• This also bans surrogates.
• Penalty: It prescribes monetary penalties to the tune of Rs 10 lakh for the first offence, which can go up to Rs 50 lakh for subsequent offences,and imprisonment of up to two years under Section 89 of the Act.