Dr. Vinit Utpal
Digital Media is the tool of communication and instrument for free speech. The digital media platforms tempt people to express themselves almost on anything. What content creators don’t realise is that they should behave ethically, which means knowing what to write or what not to write. Similarly, the publisher should also know what to publish and what not to publish. In the current scenario, several platforms of digital media have emerged as the tool for hate speech, fake news, morphed images or videos. These affect society as they spread hatred among individuals and groups. This also give rise to conflicts and forces the government to take hard decisions against digital media platforms.
Since December 2021, the Indian government has blocked more than 100 YouTube news channels, 45 videos from 10 YouTube channels five websites and a few Facebook accounts and post over several charges such as disinformation, fake news, morphed videos, spreading hatred among religious communities, false news related to national security, false news about the countries which have friendly relations with India. These platforms also release divisive contents in a coordinated manner on topics such as Jammu and Kashmir, Indian Army, minority communities in India, Ram Mandir, demolition of religious structures, banned celebration of religious festivals, declaration of religious war in India, General Bipin Rawat, anti-Indian and Ukraine.
The India government issued directions for blocking these videos under the relevant provisions of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Although, the government said that it was committed to ensuring an authentic, trustworthy and safe online news media environment and thwart any attempt of undermining India’s sovereignty and integrity, national security, foreign relation and public order. Question is, if there is a rule or code of ethics related to digital media, why do such type of contents circulate on various platforms. The simple answer is, lack of awareness among the digital media content creators or aggregators.
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, came into effect in February last year. The key features of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 are due diligence by the intermediaries, code of ethics for publishers, three tier co-regulatory framework such as publishers, self-regulatory bodies and ministry level and furnishing and disclosure of information. Three tier co-regulatory framework says that in level one, grievance redressal by publishers, in level two, self-regulations are adopted by self-regulating bodies of the publishers and level third accompany oversight mechanism by the central government.
In these rules, there are restrictions to publish any content that belongs to another person and to which the user does not have any right including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force.
According to the rules, content should not be harmful to child; not infringe any patent, trademark, copyright or other proprietary rights; not violate any law for the time being in force; not deceive or mislead the addressee about the origin of the message. The creator should not knowingly and intentionally communicate any information which is patently false or misleading in nature.
It must be remembered that there is a code of ethics for digital media mentioned in the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. In terms of news and current affairs, it is suggested that the Norms of Journalistic Conduct of the Press Council of India under the Press Council Act, 1978, Programme Code under section 5 of the Cable Television Networks Regulation Act, 1995, are to be followed. In the second part, the important points of ethics of online curated content are such as a publisher shall not transmit or publish or exhibit any content which is prohibited under any law for the time being in force or has been prohibited by any court of competent jurisdiction. A publisher shall take into consideration some factors, when deciding to feature or transmit or publish or exhibit any content, such as content which affects the sovereignty and integrity of India; content which threatens, endangers or jeopardises the security of the State; content which is detrimental to India’s friendly relations with foreign countries; content which is likely to incite violence or disturb the maintenance of public order. A publisher should take into consideration India’s multi-racial and multi-religious context and exercise due caution and discretion. The ethics mandate that the content shall be classified based on the nature and type of content, into different rating categories such as content suitable for children as well as all ages shall be classified as ‘U’, content suitable for person aged seven and above shall be classified as ‘U/A 7 plus’, content suitable for persons aged 13 years and above shall be classified as ‘U/A 13 plus’, content suitable for person aged 16 years and above shall be classified as ‘U/A 16plus’ and content which is restricted to adults shall be classified as ‘A’. In this code, it is mentioned that the content can be classified on the basis of themes, messages, violence, nudity, sex, language, drug, substance abuse, horror etc.
Similarly, the Information Technology (IT) Act also prohibits hosting, storing or publishing any unlawful information, which is prohibited under any law for the time being in force. Section 69A of the Act strengthens the government to take action against those who fail to follow the law.
The fundamental right to freedom of speech and expression is an essential freedom in any democratic county. But the issue of hate speech, offensive speech, fake news, morphed audios and videos, violence, nudity etc. affects a larger audience as well as genuine intermediaries of digital media. In this scenario, the public should criticise those intermediaries who indulge in creating and publishing anti-social, anti-national contents, which affects the freedom of speech and expression as well as indulge in taking action against them by the government.
(The writer is Assistant Professor and Digital Media course coordinator at Indian Institute of Mass Communication, Jammu)
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