Pathways to Higher Education

Privacy Protection Bill, 2013 (With Amendments based on Public Feedback)

elonnai — 2013-07-12T10:50:22Z

In 2013 CIS drafted the Privacy Protection Bill as a citizens' version of a privacy legislation for India. Since April 2013, CIS has been holding Privacy Roundtables in collaboration with FICCI and DSCI, with the objective of gaining public feedback to the Privacy Protection Bill and other possible frameworks for privacy in India.

This research was undertaken as part of the 'SAFEGUARDS' project that CIS is undertaking with Privacy International and IDRC

As a part of this process, CIS has been amending the Privacy Protection Bill based on public feedback. Below is the text of the Bill as amended according to feedback gained from the New Delhi, Bangalore, and Chennai Roundtables.

Click to download the Privacy Protection Bill, 2013 with latest amendments (PDF, 196 Kb).

For more details visit https://cis-india.org/internet-governance/blog/privacy-protection-bill-2013-with-amendments-based-on-public-feedback

Indian Language Wikipedia Statistics (September 2012 – April 2013)

T.Vishnu Vardhan, Nitika Tandon and Subhashish Panigrahi — 2013-08-23T01:48:16Z

The Access to Knowledge team carried out a quantitative analysis to identify trends and growth patterns in Indian Language Wikipedias over the time period from September 2012 to April 2013.

It is difficult for the CIS-A2K programme to either take direct credit for the growth or direct blame for the lack of it in the Indian language Wikimedia projects. However, we believe that we have been one of the factors — and sometimes a key factor — in impacting the growth of the Wikimedia projects and communities in India since the commencement of the project.

Though the A2K programme has done some amount of work with almost all Indian language Wikipedias, the A2K team has had relatively more involvement in 10 Indic languages: Assamese, Bengali, Gujarati, Hindi, Kannada, Malayalam, Marathi, Odia, Punjabi and Telugu.

In addition to this based on the various outreach work done by A2K we have attempted to present an analysis of direct new Wikipedia users that have emerged in languages impacted by the A2K programme, keeping in mind that community mobilisation will always be an autonomous activity to some extent.


Graph 1: Growth of Articles in Indian Language Wikipedias from September 2012 to April 2013

The growth momentum in Indian languages over the eight month period from September 2012 to April 2013 looks healthy.
Some language Wikipedias have been growing at a phenomenal rate than others in terms of percentage change since September 2012.
Assamese, Punjabi, Kannada and Odia Wikipedias have a growth rate of 58 per cent, 55 per cent, 30 per cent and 26 per cent respectively. These were the top four Indian language Wikipedia projects during the eight month period.
In terms of absolute number of articles, Tamil, Malayalam, Kannada and Hindi Wikipedias have grown by about 4,200; 3,600; 3,300; and 2,300 articles respectively.
However, given the small size of the Wikipedia communities in Assamese, Punjabi, Kannada and Odia (as given in Graph 2 below) the growth achieved by them is much commendable and all efforts have to be put to ensure that this momentum continues by strengthening these communities and also expanding them.


Graph 2: Active Editors in Indian Language Wikipedias from September 2012 to April 2013

There is a fluctuation in the number of active editors in majority of the Indian language Wikipedias, except for Punjabi Wikipedia, which has seen a consistent growth. Starting from July 2012, the Wikimedia India Programs Team began working with the Punjabi community, an activity which we have continued at the A2K programme.
The active editors on Hindi, Marathi and Sanskrit Wikipedias have been consistently coming down, which is a cause of concern.
It is important to note that Kannada and Telugu Wikipedias where the number of Active Editors were in a declining trend as of September 2012 have shown a remarkable turnaround. The A2K programme has spent the last 3-4 months working closely with both the Kannada and Telugu communities.
Overall the active editors on Malayalam Wikipedia have crossed the 100 mark numerous times, making it the first Indian language Wikipedia to reach this benchmark.
Looking at the trends Tamil Wikipedia may soon reach the 100 active editor mark.
Even Bengali Wikipedia community could cross 100 active editors if concerted efforts are put in.
The Assamese Wikipedia, which received support from A2K programme until January 2013, had a consistent active editor population which was around 20 people. However, once the support from the A2K programme dwindled a declining trend (since February 2013) has set in. This is worrying as it gives rise to the possibility of building dependencies through the A2K programme. Going forward we need to address this and rectify by creating self-sustaining momentum in our outreach work that lasts beyond our involvement.


Graph 3: Monthly growth of New Editors on Indian Language Wikipedias from September 2012 to April 2013

On an average 96 new editors have joined Indian language Wikipedias every month.
Bengali, Hindi, Malayalam and Tamil Wikipedias have consistently seen more than 10 new editors joining every month.
Assamese, Odia and Sanskrit Wikipedias did have many new editors joining.
A total of 673 new people have become editors for Indian language Wikipedia since September 2012.
However, the conversion rate of new editors into active editors is still a challenge across all Indian language Wikipedias.


Graph 4: Snapshot of “Page Views” of Indian Language Wikipedias in September 2012 & March 2013

Overall the “Page View” trends of Indian Language Wikipedias look positive.
Bengali, Odia and Punjabi Wikipedias have shown the highest percentage growth in page views since August 2012.
In absolute numbers Bengali Wikipedia has seen a spectacular growth of 14,00,000  page-views, Marathi and Tamil Wikipedias witnessed a growth of about 10,00,000 and 8,00,000 page-views respectively.
These clearly indicate the demand for knowledge and information in Indian languages on the internet.

In the below given Graph 5, we have also looked at the direct impact the A2K programme had in cultivating new editors on Indian language Wikipedias through various outreach programmes conducted during September 2012 to April 2013.

It should be noted that a total of 1,275 participants were reached out by the A2K programme. However, the username data for more than 700 participants could not be ascertained, due to inefficient data collection and input. This includes participants giving wrong usernames, trouble with the handwriting of some of the participants, etc. We have already taken note of this issue and have put in measures to efficiently capture the new user data. Hence, we have only presented an analysis of 558 participants, whose usernames are valid.

Of this it can be noted that more than 120 users have done more than 5 edits, which is 21 per cent of the participants. Further, 24 participants have done more than 100 edits on English and various Indian language Wikipedias, which constitutes 4 per cent of the total participants that the A2K programme has reached out to.


Graph 5: Snapshot of “New editors from outreach” of English & Indian Language Wikipedias in September 2012 and March 2013

For more details visit https://cis-india.org/a2k/blogs/indian-language-wikipedia-statistics

CIS's Closing Statement at Marrakesh on the Treaty for the Blind

pranesh — 2013-07-03T12:01:25Z

Pranesh Prakash read out an abridged version of this statement as his closing remarks in Marrakesh, where the WIPO Treaty for the Blind (the "Marrakesh Treaty") has been successfully concluded. The Marrakesh Treaty aims to facilitate access to published works by blind persons, persons with visual impairment, and other print disabled persons, by requiring mandatory exceptions in copyright law to enable conversions of books into accessible formats, and by enabling cross-border transfer of accessible format books.

Thank you, Mr. President.

I am truly humbled to be here today representing the Centre for Internet and Society, an Indian civil society organization. If I may assume the privilege of speaking on behalf of my blind colleagues at CIS who led much of our work on this treaty, and the many blindness organizations we have been working with over the past five years who haven't the means of being here today, I would like to thank you and all the delegates here for this important achievement. And especially, I would like to thank the World Blind Union and Knowledge Ecology International who renewed focus on this issue more than 2 decades after WIPO and UNESCO first called attention to this problem and created a "Working Group on Access by the Visually and Auditory Handicapped to Material Reproducing Works Produced by Copyright".

While doing so, I would like to remember my friend Rahul Cherian — a young, physically impaired lawyer from India — who co-founded Inclusive Planet, was a fellow with the Centre for Internet and Society, and was a legal adviser to the World Blind Union. He worked hard on this treaty for many years, but very unfortunately did not live long enough to see it becoming a reality. His presence here is missed, but I would like to think that by concluding this treaty, all the distinguished delegations here managed to honour his memory and work.

I am grateful to all the distinguished delegations here for successfully concluding a reasonably workable treaty, but especially those — such as Brazil, India, Ecuador, Nigeria, Uruguay, Egypt, South Africa, Switzerland, and numerous others — who realized they were negotiating with blind people's lives, and regarded this treaty as a means of ensuring basic human rights and dignity of the visually impaired and the print disabled, instead of regarding it merely as "copyright flexibility" to be first denied and then grudgingly conceded. The current imbalance in terms of global royalty flows and in terms of the bargaining strength of richer countries within WIPO — many of who strongly opposed the access this treaty seeks to facilitate right till the very end — is for me a stark reminder of colonialism, and I see the conclusion of this treaty as a tiny victory against it.

It is historic that today WIPO and its members have collectively recognized in a treaty that copyright isn't just an "engine of free expression" but can pose a significant barrier to access to knowledge. Today we recognize that blind writers are currently curtailed more by copyright law than protected by it. Today we recognize that copyright not only may be curtailed in some circumstances, but that it must be curtailed in some circumstances, even beyond the few that have been listed in the Berne Convention. One of the original framers of the Berne Convention, Swiss jurist and president, Numa Droz, recognized this in 1884 when he emphasized that "limits to absolute protection are rightly set by the public interest". And as Debabrata Saha, India's delegate to WIPO during the adoption of the WIPO Development Agenda noted, "intellectual property rights have to be viewed not as a self contained and distinct domain, but rather as an effective policy instrument for wide ranging socio-economic and technological development. The primary objective of this instrument is to maximize public welfare."

When copyright doesn't serve public welfare, states must intervene, and the law must change to promote human rights, the freedom of expression and to receive and impart information, and to protect authors and consumers. Importantly, markets alone cannot be relied upon to achieve a just allocation of informational resources, as we have seen clearly from the book famine that the blind are experiencing. Marrakesh was the city in which, as Debabrata Saha noted, "the damage [of] TRIPS [was] wrought on developing countries". Now it has redeemed itself through this treaty.

This treaty is an important step in recognizing that exceptions and limitations are as important a part of the international copyright acquis as the granting of rights to copyright holders. This is an important step towards fulfilling the WIPO Development Agenda. This is an important step towards fulfilling the UN Convention on the Rights of Persons with Disabilities. This is an important step towards fulfilling Article 27 of the Universal Declaration of Human Rights, Article 15 of the International Covenant on Economic Social and Cultural Rights and Article 30 of the UN Convention on Persons with Disabilities, all of which affirm the right of everyone — including the differently-abled — to take part in cultural life of the community.

While this treaty is an important part of overcoming the book famine that the blind have faced, the fact remains that there is far more that needs to be done to bridge the access gap faced by persons with disabilities, including the print disabled.

We need to ensure that globally we tackle societal and economic discrimination against the print disabled, as does the important issue of their education. This treaty is a small but important cog in a much larger wheel through which we hope to achieve justice and equity. And finally, blind people can stop being forced to wear an eye-patch and being pirates to get access to the right to read.

I also thank the WIPO Secretariat, Director General Francis Gurry, Ambassador Trevor Clark, Michelle Woods, and the WIPO staff for pushing transparency and inclusiveness of civil society organizations in these deliberations, in stark contrast to the way many bilateral and plurilateral treaties such as Anti-Counterfeiting Trade Agreement, the India-EU Free Trade Agreement, and the Trans-Pacific Partnership Agreement have been, and are being, conducted. I hope we see even more transparency, and especially non-governmental participation in this area in the future.

I call upon all countries, and especially book-exporting countries like the USA, UK, France, Portugal, and Spain to ratify this treaty immediately, and would encourage various rightholders organizations, and the MPAA who have in the past campaigned against this treaty and now welcome this treaty, to show their support for it by publicly working to get all countries to ratify this treaty and letting us all know about it.

I congratulate you all for the "Miracle of Marrakesh", which shows, as my late colleague Rahul Cherian said, "when people are demanding their basic rights, no power in the world is strong enough to stop them getting what they want".

For more details visit https://cis-india.org/a2k/blogs/cis-closing-statement-marrakesh-treaty-for-the-blind

Whose Change is it Anyway?

nishant — 2015-04-17T10:56:47Z

This thought piece is an attempt to reflect critically on existing practices of “making change” and its implications for the future of citizen action in information and network societies. It observes that change is constantly and explicitly invoked at different stages in research, practice, and policy in relation to digital technologies, citizen action, and network societies.

The White Paper by Nishant Shah was published by Hivos recently.

However, we do not have adequate frameworks to address the idea of change. What constitutes change? What are the intentions that make change possible? Who are the actors involved? Whose change is it, anyway?

Drawing on the Hivos Knowledge Programme and on knowledge frameworks around youth, technology, and change from the last four years, this thought piece introduces new ways of defining, locating, and figuring change. In the process, it also helps understand the role that digital technologies play in shaping and amplifying our processes and practices of change, and to understand actors of change who are not necessarily confined to the category of “citizen”, which seems to be understood as the de facto agent of change in contemporary social upheavals, political uprisings, and cultural innovations.

Methodologically, this thought piece attempts to make three discursive interventions: It locates digital activism in historical trajectories, positing that digital activism has deep ties to traditional activism, when it comes to the core political cause. Simultaneously, it recognises that new modes of political engagement are demanding and producing novel practices and introducing new actors and stakeholders. It looks at contemporary digital and network theories, but also draws on older philosophical lineages to discuss the crises that we seek to address. It tries to interject these abstractions and theoretical frameworks back into the field by producing two case studies that show how engagement with these questions might help us reflect critically on our past practices and knowledge as well as on visions for and speculations about the future, and how these shape contemporary network societies. It builds a theoretical framework based on knowledge gleaned from conversations, interviews, and on-the-ground action with different groups and communities in emerging information societies, and integrates with new critical theory to build an interdisciplinary and accessible framework that seeks to inform research, development-based interventions, and policy structures at the intersection of digital technologies, citizen action, and change by introducing questions around change into existing discourse.

Click to download the full White Paper here (PDF, 321 Kb)

For more details visit https://cis-india.org/digital-natives/blog/hivos-knowledge-programme-june-14-2013-nishant-shah-whose-change-is-it-anyway

Comments on the Draft ICAR Open Access Policy

nehaa — 2013-05-28T06:44:45Z

The following comments were submitted to the Indian Council for Agricultural Research on May 23, 2013.

Introduction

The Centre for Internet and Society,[1] is is a not-for-profit research organization. Our substantive areas of work include openness (including openness of government data, open access to scholarly literature, open standards, free and open source software, open educational resources, and open video) access to knowledge and IPR reform, freedom of expression, privacy, accessibility for persons with disabilities, digital humanities and digital natives.[2]It is our belief that openness and collaboration are the agents of innovation and creativity, and the advent of the internet has radically redefined the meaning and practice of openness and collaboration. Pursuant to our vision, we have been actively involved in the area of Openness and the promotion of open access.[3]

Key research and highlights of our work in these areas are as under:

Comments on the Interoperability Framework for e-Governance (Phase 1), submitted to the Department of Information and Technology.[4]
A Status Report on Open Access to Scholarly Literature in India.[5]
A Survey Report on the Online Video Environment in India.[6]
A Report on Open Government Data in India.[7]
An Open Government Data Study.[8]
Publication of multiple blog posts and the conduction of various events including workshops and seminars around Openness and Open Access.[9]

We hope that our commitment to Open Access and Openness, substantiated with our work in these areas leads you to consider our comments to your Draft Open Access Policy favourably.

The Structure of the Report

This report will deal provide feedback on the structure of the policy, various clauses of the policy, what clauses may be omitted (if any) and other clauses that may be included. Additionally, possible challenges that might require to be addressed in the implementation of this policy have also been indicated.

Overview

It is felt that the ICAR Draft Policy on Open Access is fairly comprehensive, covering most areas associated with its implementation, detailed, embodies the principles of openness and open access, and is a step in the right direction towards achieving open access to scientific and scholarly literature, acting as an example for other communities to do the same.[10]

Structural Feedback

It is suggested that the policy be structured along the lines of the UNESCO Library Open Access Policy, with headings including Introduction, the Objectives/Mission Statement of the Policy, Applicability, Repository, Roles and Obligations of various participants, Intellectual Property Law Issues and Implementation.[11]

Feedback on Existing Clauses

The decision of the ICAR to implement an Open Access Policy is commendable, and an encouragement to other institutions to follow suit.

The adoption of OAI-MHP standard will ensure interoperability, given that it is seen as the cornerstone in open access to institutional research output, and failure to utilize this standard would reduce accessibility and therefore the impact of materials, since they are invisible to each other.

The provisions of the content to be made a part of the repository, and the implementation are comprehensive and detailed. Inter alia, measures involving encouragement to publish in journals that allow for open access through archiving, workshops for advocacy and capacity building, adoption of the CC-NC-SA license are appreciated.

Suggested Changes

It is suggested that the Policy include provisions on information to be made available in accessible formats. In pursuance of the same, it is particularly suggested that the ICAR adopt measures to publish literature that is made available through this Open Access mechanism in formats accessible for visually impaired/print disabled persons, to truly realise the underlying aims of Open Access.

It is suggested that in addition to class/lecture notes already included under the content, ‘course content’ developed for any class/seminar/lecture in any university/college/educational institution be made a separate category of material to be included for open access.

It is suggested that the following sentence in the proposed policy be further clarified: “Scientists are advised to mention the ICAR’s Open Access policy while signing the copyright agreements with the publishers”- A clarification is required regarding the application of this sentence and its applicability. Would the policy apply to both those cases where the scientists have copyright over their work, and where the institute has copyright, or to only one of these scenarios?

It is suggested that the ICAR participate in the development and promote the building of cross institutional services (cross repository services) to further the aims of Open Access,[12] and the same be reflected in the forthcoming policy.

It is suggested that the forthcoming policy include an explicit provision on long term digital preservation[13] of the collected information, including possible measures that the ICAR may adopt to this end.

It is suggested that the forthcoming policy include a specific provision that requires contributing scientists/researchers etc. to explicitly declare that they have the copyright for and have obtained the necessary permissions to post and contribute to the Open Access Project.

It is suggested that the ICAR take steps for aiding the development of Open Access Journals. In furtherance of the same, the ICAR could have links of the websites of these Journals on its own repository, such that the link to the articles on the websites of these Journals leads directly to the ICAR Repository. Such a move would incentivise authors to contribute, since their effort would be recognised, and researchers would have a persistent source to cite from an archive. This effort would also be in consonance with the broader aims of Open Access that the ICAR is keen to achieve through its proposed policy.

It is suggested that the policy also include measures to encourage persons not members of the ICAR to contribute to the Repository.

It is suggested that as regards the implementation aspects of the creation of this repository, the ICAR would also have to ensure the creation of digital document identifiers for all content to be contributed to and housed on the repository. Additionally, the policy ought to also lay down standards of training and development of the staff and authors to submit content to the repository, and to be able to efficiently utilize the same. It is also suggested that the policy encompass the development of a framework for feedback for users and feedback from users, where the former would provide current statistics and details about articles and contributions to users, and the latter would be a mechanism for users to comment on their experience in utilising the repository.

Concluding Observations

The Centre for Internet and Society deeply appreciates the effort undertaken by the ICAR to bring about Open Access in its area of work, which is definitely a welcome step in the right direction. CIS hopes that given its commitment to Open Access and strong tradition of work in this area, the ICAR would give due regard to the observations made out in this report.

[1]. Hereafter referred to as CIS.

[2]. See http://cis-india.org/about for more details.

[3]. See http://cis-india.org/openness for our work on Openness.

[4]. Available at http://cis-india.org/openness/blog/comments-ifeg-phase-1

[5]. Available at http://cis-india.org/openness/blog/open-access-to-scholarly-literature

[6]. Available at http://cis-india.org/openness/online-video-environment-in-india

[7]. Available at http://cis-india.org/openness/blog/ogd-draft-v2-call-for-comments

[8]. Available at http://cis-india.org/openness/blog/open-government-data-study

[9]. See http://cis-india.org/@@search?SearchableText=open+access for details of our posts and events on Open Access.

[10]. United Nations Educational, Scientific and Cultural Organization, Open Access Policy Concerning UNESCO Publications, available at http://www.unesco.org/new/fileadmin/MULTIMEDIA/HQ/ERI/pdf/oa_policy_en_2.pdf (last accessed 22 May, 2013).

[11]. Id.

[12]. Gerard van Westrienen and Clifford A. Lynch, Academic Institutional Repositories: Deployment Status in 13 Nations as of Mid 2005, available at http://dlib.org/dlib/september05/westrienen/09westrienen.html (last accessed 22 May, 2013).

[13]. Leslie Chan, Supporting and Enhancing Scholarship in the Digital Age: The Role of Open Access Institutional Repositories , Canadian Journal of Communication, Vol. 29 (3&4), 277, 282.

For more details visit https://cis-india.org/openness/blog-old/comments-on-draft-icar-open-access-policy

Indic Wikipedia Visualisation Project #2: Visualising Page Views and Project Pages

Sajjad Anwar and Sumandro Chattapadhyay — 2013-04-22T13:37:08Z

In this blog post, we bring you a visualisation of the page views statistics and the project specific pages that we created last month. The page views indicate the number of unique visits the Wikipedia project concerned has received in one month.

Unlike the basic parameters that we discussed last month, we received the Page Views data only from January 2008 onwards. The project-specific pages allow the user to see all the different variables related to a Indic language Wikipedia project in one page, thus giving a general overview of the activities in that project and their inter-relationships. Instead of comparing multiple projectsn, as in the calendar charts and motion chart discussed in the last post, the project-specific pages focus on understanding one Wikipedia project in detail.

Page Views

The data came in a structure that is useful for human-readability of the data but not so much for visualisation. The first column contained the date value (01/01/2008, 01/02/2008, and so on), followed by a column for each Indic Wikipedia project (Assamese, Bhojpuri, and so on) and one for the total Page Views across projects for the month concerned. The original data file can be accessed here. We re-formatted this data to the following column structure: the first column gives the date value, the second column gives the language of the Wikipedia project, and the third column gives the Page Views value. Further, the Page Views file contained data for 2013 that are not available for any other variables (like Total Articles, Total Editors etc.). So we decided to remove the 2013 values from the Page Views file for easier comparison with other variables. The data file that we finally used for the visualisation can be accessed here.

Calendar (Heatmap) Chart

The first chart that we created was the calendar (heatmap) chart discussed in detail in the last post. For the Page View variable we only had data form 2008. We plotted it as calendar-like heatmap to allow quick cross-project comparisons of trends in readership. The chart can be accessed here.

Project Pages

So far, we have been visualising the data from an overall perspective, constantly asking the question: "How does project A compare to project B?". The Project pages sheds light from a different angle: "How did project A get to this point?". Each of the projects are visualised in isolation around the basic parameters to understand how they have changed/evolved over the years. We wanted to keep this as simple as possible and decided to use straight forward line charts. This also ensures that the patterns are clearly evident. On the right corner of the navigation bar is the project selector. You can search or pick a project and the page will load the charts specific to that project. Each project has a different page, this makes it easier for you to share the project that you are interested in. The chart employs filtering and dynamic scales. Dynamic scales are important because not all the projects have the same rate of growth.

Readership Dashboard

We were not satisfied with creating only the calendar heatmap chart for Page Views. Being a very important variable for anybody trying to understand activities on Indic Wikipedia projects, we wanted to create a more detailed visualisation for the variable. While the project-specific pages do allow for comparing Page Views for a certain Indic Wikipedia with its other variables (such as Total Articles), we wanted to make that comparison even easier. Hence we decided to make a chart combining a line graph showing the movement of Page View for a project across the years and bar graphs showing a separate variable for the same project. Thus we created the Readership Dashboard. The dashboard has two controls: project selector and the parameter selector buttons. Selecting a project from the dropdown will update the line chart showing the movement of page views. Hover over the line graph points to see the date of observation and the corresponding value. The bars behind the line represent the selected parameters. Click on the parameter buttons to load different parameters as the background bar graph. Hover over the bars to see the date and the value. The bar graph is carefully aligned to the line chart such that the visualisation reflects the relation in movement of both. However, please note that the vertical scale of the line graph and the bar graphs are not the same.

Sajjad Anwar is a programmer based in Bangalore. Sumandro Chattapadhyay is a researcher based in Delhi. They often work together.

For more details visit https://cis-india.org/openness/blog-old/indic-wikipedia-visualisation-project-visualising-page-views-and-project-pages

CIS Welcomes Standing Committee Report on IT Rules

pranesh — 2013-04-03T10:54:52Z

The Centre for Internet and Society welcomes the report by the Standing Committee on Subordinate Legislation, in which it has lambasted the government and has recommended that the government amend the Rules it passed in April 2011 under section 79 of the Information Technology Act.

Click to read the Parliamentary Standing Committee Report on the IT Rules. A modified version was published in CiOL on March 27, 2013.

These rules have been noted by many, including CIS, Software Freedom Law Centre, and Society for Knowledge Commons, and many eminent lawyers, as being unconstitutional. The Standing Committee, noting this, has asked the government to make changes to the Rules to ensure that the fundamental rights to freedom of speech and privacy are safeguarded, and that the principles of natural justice are respected when a person’s freedom of speech or privacy are curtailed.

Ambiguous and Over-reaching Language

The Standing Committee has noted the inherent ambiguity of words like "blasphemy", "disparaging", etc., which are used in the Intermediary Guidelines Rules, and has pointed out that unclear language can lead to harassment of people as has happened with Section 66A of the IT Act, and can lead to legitimate speech being removed. Importantly, the Standing Committee recognizes that many categories of speech prohibited by the Intermediary Guidelines Rules are not prohibited by any statute, and hence cannot be prohibited by the government through these Rules. Accordingly, the Standing Committee has asked the government to ensure "no new category of crimes or offences is created" by these Rules.

Government Confused Whether Rules Are Mandatory or Advisory

The Standing Committee further notes that there is a discrepancy in the government’s stand that the Intermediary Guidelines Rules are not mandatory, and are only "of advisory nature and self-regulation", and that "it is not mandatory for the Intermediary to disable the information, the rule does not lead to any kind of censorship". The Standing Committee points out the flaw in this, and notes that the language used in the rules is mandatory language (“shall act” within 36 hours). Thus, it rightly notes that there is a "need for clarity on the aforesaid contradiction". Further, it also notes that there is "there should be safeguards to protect against any abuse", since this is a form of private censorship by intermediaries."

Evidence Needed Against Foreign Websites

The government has told the Standing Committee that "foreign websites repeatedly refused to honour our laws", however, it has not provided any proof for this assertion. The government should make public all evidence that foreign web services are refusing to honour Indian laws, and should encourage a public debate on how we should tackle this problem in light of the global nature of the Internet.

Cyber Cafes Rules Violate Citizens’ Privacy

The Standing Committee also pointed out that the Cyber Cafe Rules violated citizens’ right to privacy in requiring that "screens of the computers installed other than in partitions and cubicles should face open space of the cyber café". Unfortunately, the Standing Committee did not consider the privacy argument against retention of extensive and intrusive logs. Under the Cyber Cafe Rules, cyber cafes are required to retain (for a minimum of one year) extensive logs, including that of "history of websites accessed using computer resource at cyber café" in such a manner that each website accessed can be linked to a person. The Committee only considered the argument that this would impose financial burdens on small cybercafes, and rejected that argument. CIS wishes the Committee had examined the provision on log maintenance on grounds of privacy as well."

Government’s Half-Truths

In one response, the government notes that "rules under Section 79 in particular have undergone scrutiny by High Courts in the country. Based on the Rules, the courts have given reliefs to a number of individuals and organizations in the country. No provision of the Rules notified under Sections 43A and 79 of the IT Act, 2000 have been held ultra vires."

What the government says is a half-truth. So far, courts have not struck down any of the IT Rules. But that is because none of the High Court cases in which the vires of the Rules have been challenged has concluded. So it is disingenuous of the government to claim that the Rule have "undergone scrutiny by High Courts". And in those cases where relief has been granted under the Intermediary Guidelines, the cases have been ex-parte or have been cases where the vires of the Rules have not been challenged. The government, if it wants to defend the Rules, should point out to any case in which the vires of the Rules have been upheld. Not a single court till date has declared the Rules to be constitutional when that question was before it.

Lack of Representation of Stakeholders in Policy Formulation

Lastly, the Standing Committee noted that it is not clear whether the Cyber Regulatory Advisory Committee (CRAC), which is responsible for policy guidance on the IT Act, has "members representing the interests of principally affected or having special knowledge of the subject matter as expressly stipulated in Section 88(2) of the IT Act". This is a problem that we at CIS also noted in November 2012, when the CRAC was reconstituted after having been defunct for more than a decade.

CIS hopes that the government finally takes note of the view of legal experts, the Standing Committee on Delegated Legislation, the Parliamentary motion against the Rules, and numerous articles and editorials in the press, and withdraws the Intermediary Guidelines Rules and the Cyber Cafe Rules, and instead replaces them with rules that do not infringe our constitutional rights.

The Centre for Internet and Society is a non-profit research organization that works on policy issues relating to freedom of expression, privacy, accessibility for persons with disabilities, access to knowledge and IPR reform, and openness, and engages in academic research on digital natives and digital humanities. It was among the organizations that submitted evidence to the Standing Committee on Subordinate Legislation on the IT Rules.

For more details visit https://cis-india.org/internet-governance/blog/cis-welcomes-standing-committee-report-on-it-rules

Indic Wikipedia Visualisation Project #1: Visualising Basic Parameters

Sajjad Anwar and Sumandro Chattapadhyay — 2013-03-26T10:04:43Z

Sajjad Anwar and Sumandro Chattapadhyay bring you a visualisation of the growth of Indic Wikipedia in this first post on Indic Wikipedia Visualisation project. In doing so, the authors look into the different aspects of the past and present activities of Indic Wikipedias, and divide the visualisation into three different focus areas.

Introduction

Understanding how the Indic or the Indian language Wikipedia projects are growing is something that we have been interested in for quite sometime. We were delighted to come across this opportunity from the Centre for Internet and Society (CIS) and Wikimedia Foundation. We divided our analyses into three focus areas: (1) basic parameters, (2) geographic patterns of edits, and (3) exploring the topics that receives the greatest number of edits. The existing infographics and data visualisations that we found about Indic Wikipedias mostly engaged on the first area, and also emphasised on yearly aggregates. We thought a more granular, that is monthly, understanding and a focus on the geographic and thematic spread of the edits would be very helpful to further appreciate the activities.

We began by collecting data about the following basic parameters:

Number of Editors
Number of Articles
Page Views
Number of Active Editors
Number of New Articles
Number of New Editors
Edit Size

Acquiring the data

We explored the MediaWiki API, ToolServer and the Wikimedia Statistics Portal. These are several ways of obtaining data about Wikipedia in general. Depending on the use case, such as the quantity of data required or the need for customised/selective data scraping, any one or more of these methods of data gathering can be chosen. The API had limitations in terms of how much data you can access, and it is meant to be used to access actual Wikipedia entries. We, however, were looking for metadata about the entries/articles (such as when it was first created, when and how many times it was edited, etc.) and not the actual entries/articles, that is the actual contents of Indic Wikipedias. ToolServer is an excellent way of running custom scripts. Although, this takes for granted that user (of ToolServer) has substantial command over the back-end infrastructures and processes that Wikipedia runs on. We wrote a few scrapers to extract metadata about Indic Wikipedia projects from the ToolServer but not exactly being experts in the Wikipedia back-end systems, we found scraping from ToolServer rather time-and effort-intensive. The statistics portal is a well organised and an accessible place for collecting data for analyses. However, we came across several missing parameters and projects, that is the statistic portal did not have all the parameters and Wikipedia projects we were interested in. In our search for Indic Wikipedia datasets so far, we realised that the Wikimedia Analytics Team (WAT) puts a lot of effort in writing scripts and collecting various data at different levels. Wikimedia developer Yuvi Panda and the Access to Knowledge team at CIS, aware of our difficulty in obtaining the data, also pointed us towards the WAT. While we were already scraping data on some of the parameters, we approached the WAT whose prompt and very supportive response much accelerated our work process. The fantastic Wikimedia developers, especially Evan Rosen (a big ‘thank you’ for him) shared the needed data, which we cleaned up and archived at the Github repository for the project.

We obtained data for the period from January 2001 to December 2012. It appears that the Indic Wikipedia projects began their activities around 2005. A big part of cleaning the data involved identifying when each of the projects started and dropping data. There are 20 Indic Wikipedia projects with 4,98,964 articles, 5,689 editors and over 3,35,49,102 readers.

Deciding upon chart types

We spent quite some time discussing different methods of visualising the data. The major difficulty is that there are too many entities to be plotted. As each language must be plotted as a separate entity — point, line, circle, etc. — the chart has a tendency to become cluttered and illegible. Even if we take only one variable — say New Editors — there will still be 20 points or lines to be plotted. Hence, using any of the conventional charts becomes difficult. For example, if we chose a line chart with New Editors on the Y-axis and months on the X-axis, there will be 20 lines each of a different colour, representing different languages. Also, the five-six year monthly timeline translates into 60-72 temporal data points.

We have adopted two strategies, and related chart types, to address this difficulty.

Firstly, we used a monthly calendar-like heatmap chart that limits the temporal spread of data to one year for each section of the chart and uses a positionally uniform set of columns for each language so as to make reading the chart easier. Limiting each chart section to 12 months allow the user to focus on more granular movements of the variable concerned, say the number of New Editors per month. By representing each languages on an unique column, and not by an upwards-and-downwards moving line as in a line chart, makes it easier for the user to follow movements in each language (where movement is shown by the intensity of colour, as characteristic of heatmaps) without the need to have a separate coloured entity — point, line, circle — for each language.

Secondly, we used a motion chart, as made famous by Dr. Hans Rosling, that removes the temporal axis from X- and Y-axes of the chart and uses animated transition to represent temporal change. Motion chart has the unique ability to handle as many as five variables in an organised manner, using the following visual elements: X-axis, Y-axis, Z-axis (animated temporal transitions), size of bubbles, and colour of bubbles. It is, however, recommended that represented variables be limited to a maximum of four for easier legibility. In our case, we have used the X- and Y-axes to plot various related variables (which can be selected by the user) such as New Editors and New Articles, the Z-axis to represent time, and the colour of the bubbles to represent a third optional variable (also can be selected by the user). Since different Indian language Wikipedia projects often take a wide range of values for most variables, using the size of the bubble to represent any of those variables is avoidable. Further, the motion chart gives the user a lot of controls to explore the various projects and variables according to their interest and especially to compare particular projects and variables to each other.

Discussing the chart types with the Access to Knowledge team, we decided to use simpler line charts — emphasising upon single Indic Wikipedia projects — on the language-specific pages that we will be creating next.

Calendar charts


Calendar heatmap chart of New Editors across Indic Wikipedia projects, 2008-2011. Source: http://bit.ly/XDb3fa

We visualised three parameters using the calendar heatmap strategy: (1) New Articles, (2) New Editors, (3) Active Editors.

The New Articles Calendar shows new articles posted on every Indic Wikipedias for every month since 2004. It was interesting to note the few number of articles in 2012 for all the languages. The first language to have the most number of new articles is Bengali. Hindi picks up around same time with fewer number of articles. Except Urdu and Nepali, every other language dropped in the number of new articles. However, we should remember that a lower number of new articles does not necessarily indicate at low overall activity in the project concerned.

Like the new articles, we wanted to explore the patterns in the number of new editors across all of the Indic Wikipedia projects. As you run through the new editors calendar chart, it is evident that there is consistent growth in the editor base for few projects like Hindi, Marathi, Bengali, Telugu, Tamil, Kannada and Malayalam. If one takes a step back and compares this with the number of new articles chart, something is not very clear -- in some of the projects, there is a growth in the number of editors but not many new articles are posted. We are very keen to understand why this has happened.

If we look at the active editors calendar, Tamil started with 2 active editors in January 2004 and with few ups and downs grew to about 115 active editors in December 2012. Malayalam started slow in late 2004 with 2 editors and grew to 155 active editors in December 2012. We are sure the viewers should be able to find out more patterns by studying the charts closely and comparatively.

Motion chart

We developed a motion chart comparing five variables: (1) Active Editors (> 5 edits per month), (2) New Editors, (3) Total Editors, (4) New Articles, and (5) Total Articles. When the visualisation is opened, Total Editors is plotted on the X-axis, Total Articles is plotted on the Y-axis, the colour of the bubbles indicate the Active Editors (Blue is low and Red is high) and the sizes of the bubbles are kept the same for easier comparison.

The user can click on the drop down menus at the X- and Y-axes, and next to the size and colour variables, and make them represent different variables.

We chose to configure the X- and Y-axes to show the data in logarithmic scales and not in linear scales. Since most projects experience small increments over time and there exists a wide difference between the most and the least popular/active projects, the logarithmic scale is better suited to represent the changes in the given data. The user has the option to select linear scale at the end of both X- and Y-axes (click on "Log").

As evident in the visualisation, the Newari project and the Hindi-Malayalam project cluster show very interesting contrasting dynamics — while both achieve similar Total Articles numbers, the latter is much more editor-heavy. This suggests a smaller but more active editor community for the Newari project.

Please click on the image of the motion chart below to open the interactive version in a separate window. The code can be accessed at the project repository on Github.


Motion chart comparing multiple variables across Indic Wikipedia projects, 2001-2011. Source: http://bit.ly/Yw4Wzq

Sajjad Anwar is a programmer based in Bangalore. Sumandro Chattapdhyay is a researcher based in Delhi. They often work together.

For more details visit https://cis-india.org/openness/blog-old/indic-wikipedia-visualisation-project-visualising-basic-parameters

National Resource Kit: The Lakshadweep Chapter (Call for Comments)

anandi — 2014-02-20T10:00:32Z

The National Resource Kit team is pleased to bring you its research on the state of laws, policies and programmes for persons with disabilities in the state of Lakshadweep.

The Department of Social Justice, Empowerment and Culture is responsible for welfare of persons with disabilities in Lakshadweep. The union territory has an estimated population of 1678 persons with disabilities in a total population of 64,429 people. Lakshadweep implements two schemes under Skill Development & Employment, three schemes under Social Security, Health, Rehabilitation & Recreation and has notified authorities for disability Certification and certifying Organisations & Individuals for Persons with Disabilities.

Click to download the full chapter (PDF, 187 Kb)

For more details visit https://cis-india.org/accessibility/blog/national-resource-lakshadweep-chapter-call-for-comments

Wiki Women's Day in Goa

nitika — 2013-03-19T06:32:25Z

International Women's Day (IWD), also called International Working Women's Day, is celebrated on March 8, every year. There were a series of Wikipedia events organised this year with the aim of increasing participation of women contributing to Wikipedia. One such event was organised by the Access to Knowledge team at the Centre for Internet and Society and the Wikimedia India Chapter at the Nirmala Institute of Education (NIE), a Secondary Teacher Education College in Panaji, Goa on March 8, 2013.

NIE is a respected institution providing pre- and in-service teacher education to thousands of teachers and about a 100 of them (99 per cent of the participants being women) joined in to learn Wikipedia editing and increase women related content on Wikipedia.

Rohini Lakshane from the Wikimedia India Chapter and Nitika Tandon from Access to Knowledge, CIS lead the session jointly. The session began with the introduction of Wikipedia, Wikipedia volunteers, the five pillars, motivation of volunteers to contribute to Wikipedia tirelessly and a brief of different activities that are being organised to strengthen the Wikimedia movement in India. Most of the students and faculty members were curious about two main things:

How to integrate the new community of editors in Goa with the larger Indian and global community?
How can teachers and students use Wikipedia to advance students' knowledge and add useful content to Wikipedia?

Participants watching Netha's video	To answer the first part, participants were informed about regular Wiki meet ups in different cities, several city based and language based Wikipedia mailing lists where one can find volunteer friends, active use of user talk pages and village pumps, Wikimedia India Facebook page amongst many others. To address the second part there was also a brief discussion about wiki project classroom coordination with specific examples from universities around the world. The teachers and faculty members will be sent a detailed outline of the program, list of universities with on-going projects, list of teachers who have used Wikipedia as a teaching tool and are willing to serve as a contact to help others set up a similar teaching courses.

The session was planned to go on until late evening with hands on editing in the computer lab. But unfortunately, we (Rohini and Nitika) were informed that the session will have to close before the scheduled closing time as participants had to leave. Except for two or three participants coming on stage and making their user accounts and another 3-4 article edits, we couldn't include more editing as a part of the outreach session, primarily due to time constraint. We're hoping that at a small percentage of participants would try actual editing at home and contribute to women related articles and some of them will be successful in using Wikipedia as a teacher's tool. We have their contact details and we'll try and monitor their on Wiki activities and provide them support whenever needed.


A picture of participants doing Wiki editing at the NIE workshop in Goa

For more details visit https://cis-india.org/openness/blog-old/wiki-womens-day-in-goa

National Resource Kit : The West Bengal Chapter (Call for Comments)

anandi — 2013-11-07T06:19:34Z

The National Resource Kit team is pleased to bring you its research on the state of laws, policies and programmes for persons with disabilities in the state of West Bengal.

Note: The chapter is an early draft and will undergo subsequent modifications. We welcome comments and feedback from our readers.

Executive Summary

The state of West Bengal has issued the West Bengal Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules 1999 to implement the provisions under the central Persons with Disabilities (Protection of Rights, Equal Opportunities and Full Participation) Act 1995.

The Department of Women and Child Development and Social Welfare is primarily responsible for the welfare of persons with disabilities in the state. The government of West Bengal has issued six notifications in education, ten notifications in employment and training, ten notifications in health and rehabilitation, ten notifications in social protection and two notifications in transport for persons with disabilities.

Capital: Kolkata

Population: 91,347,736

Population of persons with disabilities: 1,847,184

Literacy: 77.08%

HDI: 0.625 Ranked: 19th (2005 status)

Department: Department of Women and Child Development and Social Welfare

Other authorities: Office of the Chief Commissioner for Persons with Disabilities

Click to download the West Bengal chapter (PDF, 344 Kb)

For more details visit https://cis-india.org/accessibility/blog/the-west-bengal-chapter

Celebrating Odia Wikipedia's Ninth Anniversary

subha — 2013-02-28T04:32:29Z

Odia Wikipedia saw its first edit on January 29, 2004. After a dormancy of many years it got revived in 2011. To commemorate the effort of many volunteer wikipedians, a celebratory event was organized on January 29, 2013 in Bhubaneswar. Subhashish Panigrahi participated in this event.

Odia Wikipedia recently has celebrated its 9 ^th anniversary. January 29 is considered to be that day when someone made a first edit on it. Communities from Bhubaneswar, Cuttack and Nalconagar joined hands to celebrate this event with a panel discussion on "Application of Odia language in e-media". The discussion was coordinated by Nilambar Rath, Director of Academy for Media Learning. The event was organized by the Odia Wiki Community with support from The Centre for Internet and Society in collaboration with Academy for Media Learning. Panelists who took part in the discussion were Prasanna Kumar Mohanty, Director of "Odia Bhasa Pratisthan", Dr. Prafulla Tripathy, Odia linguist and writer, Dr. Dhanada Mishra, Academician and Director-Academics, KMBB College of Engineering, Subhashish Panigrahi, Programme Officer, Centre for Internet and Society, Jatindra Das, Senior journalist and founder, Odisha.com and Subhransu Panda, Senior journalist, Sambad. Wikipedians, students and journalists took active part in the discussion.

To celebrate the success of Odia Wikipedia, wikipedians joined the guest to cut a “Chhenapoda” and light Deepam as an integral part of the Odia culture.

The discussion began with Nilambar Rath speaking briefly about the agenda of the meeting and about the current scenario of the use of Odia language in media especially in the web. Prasanna Kumar Mohanty spoke about how the true form of the language should be taken to public via media. He also emphasized about the need to sacrifice our conventional way of approach and adopt new technologies like Wikipedia. Many such efforts are not rewarded because of the lack of support from the government even though funding is available for such development. Odia linguist Prafulla Tripathy explained about the lack of public interest to pledge for declaring Odia as a classical language even though Odia holds the 31^st position among 6500 world languages. "The language of our personal lives, social interaction and verbal communication never gets documented. The confusion among various linguists is another obstacle to take Odia to a global level. If the script grammar is kept in focus and script and eventually the fonts are simplified then they would be easier to be used online", he expressed. Dr. Tripathy also shared his experience of his interaction with other Indian language experts at places where he worked such as on OCR (Optical character reading) software which could be a great tool to digitize many precious resources. He offered his support for helping with OCR in Odia. Few other aspects of simpler approaches of scripts discussed were glossary, Odia-English and English-Odia lexicon, spell check feature for typing and interactive e-learning which could boost the effort of the wikipedians.

Prof. Dhanada Mishra took the audience through the free and open source culture and Linux and future role of Odia Wikipedia to tackle the problems of primary education. He thanked the wikipedians for their noble effort and showed his interest in promoting it more in academics. Subhashish Panigrahi discussed about the role of Odia Wikipedia in documenting various resources in Odia Wikipedia. He brought various technical problems that common men face while typing, contributing to Wikipedia and how they could be handled. He also proposed a plan for bringing more language experts and museum curators to the community which would increase the spectrum of resource and capacity for the Odia Wikimedia community.

Jatindra Das, founder of the first online Odia newspaper Odisha.com discussed about the hurdles of using Odia Unicode and acceptance level in the society for it. Senior journalist Subhransu Panda discussed about the usage of various fonts and how adopting Unicode could bring a lot of information to the public.

Nilambar Rath, Director, Academy for Media Learning talked about the future efforts of Odia Wikipedia community. He elaborated how media could be used as an essential tool for taking Wikipedia to more people. Mrutyunjaya Kar, one of the very active Wikipedians closed the ceremony with a brief talk about the achievements, education program and impact of Odia Wikipedia in the recent past and community building plans.

There was a press meet in the afternoon. Wikipedians interacted with the media about future prospects of Odia Wikipedia and its current state.


Odia wikipedians being felicitated by the guests

Few glimpses of the event Audio Podcast

Press coverage:

ଓଡ଼ିଶାନ୍: ଓଡ଼ିଆ ଉଇକିପିଡ଼ିଆର ନବମ ଜନ୍ମତିଥି ଅବସରରେ କର୍ମଶାଳା : ଇମିଡ଼ିଆରେ ଓଡ଼ିଆ ଭାଷାର ପ୍ର‌ୟୋଗ.
ସମ୍ବାଦ: ଲିପି ବ୍ୟାକରଣ ଓ ମାନକ ଭାଷାର ପ୍ରୟୋଗ ଜରୁରୀ.
eindiadiary.com:Odisha: Workshop organized on 9th Anniversary of Odia language: Application of Odia language in e-media.
Fullorissa.com: Odia Wikipedia’s 9th anniversary. Fullorissa.com
orissadiary.com:Odisha: Workshop organized on 9th Anniversary of Odia language: Application of Odia language in e-media.
Indiaeducationdiary.in:Odisha: Workshop organized on 9th Anniversary of Odia language: Application of Odia language in e-media.
Odishaviews.com:Odia language workshop organized on 9th Anniversary of Odia Wikipedia: Application of Odia language in e-media. Subhashish Panigrahi is quoted.

For more details visit https://cis-india.org/openness/blog-old/celebrating-odia-wikipedias-ninth-anniversary

Analyzing the Latest List of Blocked URLs by Department of Telecommunications (IIPM Edition)

snehashish — 2013-02-17T07:35:25Z

The Department of Telecommunications (DoT) in its order dated February 14, 2013 has issued directions to the Internet Service Providers (ISPs) to block seventy eight URLs. The block order has been issued as a result of a court order. Snehashish Ghosh does a preliminary analysis of the list of websites blocked as per the DoT order.

Medianama has published the DoT order, dated February 14, 2013, on its website.

What has been blocked?

The block order contains seventy eight URLs. Seventy three URLs are related to the Indian Institute of Planning and Management (IIPM). The other five URLs contain the term “highcourt”. The order also contains links from reputed news websites and news blogs including The Indian Express, Firstpost, Outlook, Times of India, Economic Times, Kafila and Caravan Magazine, and satire news websites Faking News and Unreal Times. The order also directs blocking of a public notice issued by the University Grants Commission (UGC).

The block order does not contain links to any social media website. However, some content related to IIPM has been removed but it finds no mention in the block order. Pursuant to which order or direction such content has been removed remains unclear. For example, Google has removed search results for the terms <Fake IIPM> pursuant to Court orders and it carries the following notice:

"In response to a legal request submitted to Google, we have removed 1 result(s) from this page. If you wish, you may read more about the request at ChillingEffects.org."

Are there any mistakes in the order?

The direction issued by the DoT is once again inaccurate and mired with errors. In effect, the DoT has blocked sixty one unique URLs and the block order contains numerous repetitions. By its order the DoT has directed the ISPs to block an entire blog [http://iipmexposed.blogspot.in] along with URLs to various posts in the same blog.

Reasons for Blocking Websites

According to news reports, the main reason for blocking of websites by the DoT is a Court order issued by a Court in Gwalior. The reason for issuing such a block order might have been a court proceeding with respect to defamation and removal of defamatory content thereof. However, the reasons for blocking of domain names containing the term ‘high court’, which is not at all related to the IIPM Court case is unclear. The DoT by its order has also blocked a link in the website of a internet domain registrar which carried advertisement for the domain name [www.highcourt.com].

Are the blocks legitimate?

The block order may have been issued by the DoT under Rule 10 of the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009.

The Court order seems to be an interim injunction in a defamation suit. Generally, Courts exercise utmost caution while granting interim injunction in defamation cases. According to the Bonnard Rule (Bonnard v. Perryman, [1891] 2 Ch 269) in a defamation case, “interim injunction should not be awarded unless a defence of justification by the defendant was certain to fail at trial level.” Moreover, in the case of Woodward and Frasier, Lord Denning noted “that it would be unjust to fetter the freedom of expression, when actually a full trial had not taken place, and that if during trial it is proved that the defendant had defamed the plaintiff, then should they be liable to pay the damages.” The Delhi High Court in Tata Sons Ltd. v. Green Peace International followed the Bonnard Rule and the Lord Denning’s judgements and ruled against the award of interim injunction for removal of defamatory content and stated:

“The Court notes that the rule in Bonnard is as applicable in regulating grant of injunctions in claims against defamation, as it was when the judgment was rendered more than a century ago. This is because the Courts, the world over, have set a great value to free speech and its salutary catalyzing effect on public debate and discussion on issues that concern people at large. The issue, which the defendant’s game seeks to address, is also one of public concern. The Court cannot also sit in value judgment over the medium (of expression) chosen by the defendant since in a democracy, speech can include forms such as caricature, lampoon, mime parody and other manifestations of wit.”

Therefore, it appears that the Court order has moved away from the settled principles of law while awarding an interim injunction for blocking of content related to IIPM. It is also interesting to note that in Green Peace International, the Court also answered the question as to whether there should be different standard for posting or publication of defamatory content on the internet. It was observed by the Court that publication is a comprehensive term, ‘embracing all forms and medium – including the Internet’.

Blocking a Public Notice issued by a Statutory Body of Government of India

The block order mentions a URL which contains a public notice issued by University Grants Commission (UGC) related to the derecognition of IIPM as a University. The blocking of a public notice issued by the statutory body of the Government of India is unprecedented. A public notice issued by a statutory body is a function of the State. It can only be blocked or removed by a writ order issued by the High Court or the Supreme Court and only if it offends the Constitution. However, so far, ISPs such as BSNL have not enforced the blocking of this URL.

Implementation of the order by the ISPs

As pointed out in my previous blog post on blocking of websites, the ISPs have again failed to notify their consumers the reasons for the blocking of the URLs. This lack of transparency in the implementation of the block order has a chilling effect on freedom of speech.

For more details visit https://cis-india.org/internet-governance/blog/analyzing-latest-list-of-blocked-urls-by-dot

Back When the Past had a Future: Being Precarious in a Network Society

nishant — 2013-02-12T06:16:12Z

We live in Network Societies. This phrase has been so bastardised to refer to the new information turn mediated by digital technologies, that we have stopped paying attention to what the Network has become. Networks are everywhere. They have become the default metaphor of our times, where everything from infrastructure assemblies to collectives of people, are all described through the lens of a network.

This article by Nishant Shah was published in a peer-reviewed newspaper Researching BWPWAP. The write-up is on Page 3.

We are no longer just human beings living in socially connected, politically identified communities. Instead, we have become actors, creating archives of traces and transactions, generating traffic and working as connectors in the ever expanding fold of the network.

The network is an opaque metaphor, conflating description and explanation. So it becomes the object to be studied, the originary context that produces itself, and the explanatory framework that accounts for itself. In other words, the network was our past – it gives us an account of who we were, it is our present – it defines the context of all our activities, and it is our future – where we do everything to support the network because it is the only future that we can imagine for ourselves. It is this flattening characteristic of networks that are diagrammatically mapped, cartographically reproduced, and presented outside of and oblivious to temporality, that produces a condition of the future that can no longer be imagined through our everyday lives.

Networks neither promise nor deliver a flattened utopia of coexistence and decentralised power. Networks are, in fact, quite aware of the structures of inequity and conditions of privilege they create and perpetuate: the only way to recognise the existence of a network is to be outside of it, the only aspiration to belong to a network is to be kept outside of it when you recognise it. Networks create themselves as simultaneously ubiquitous and scarce, of everpresent and ephemeral, creating a new ontology for our being human – an ontology of precariousness, contingent upon erasure of our histories, archives of our present, and unimaginable futures; futures we are not ready for, and don’t have strategies to occupy.

I remember the times, before networks became the default conditions of being human, when kids, negotiating the variegated temporalities of their past-present-futures, would often begin their speculations on future, by saying, "When I grow up...". In that hope of growing up, was the potential for radical political action, the possibility of social reconstruction. In network societies, though, time has no currency. It has been replaced by attentions, flows of information and actions, and do not offer a tomorrow to grow into.

There is no future to help mitigate the exigencies of the present. And with the overwhelming emphasis on archiving the present, there is no more a coherent future that can be accounted for in the vocabulary that the network develops to explain itself, and the hypothetical world outside it.

For more details visit https://cis-india.org/raw/digital-humanities/blogs/habits-of-living/aprja-net-researching-bwpwap-nishant-shah-back-when-the-past-had-a-future

Pervasive Technologies: Access to Knowledge in the Market Place — A Presentation by Sunil Abraham

sunil — 2013-02-13T07:05:15Z

The 2012 Global Congress on Intellectual Property and the Public Interest was organized in Rio de Janeiro from December 15 to 17, 2012. The Centre for Internet & Society partnered FGV, Washington College of Law, the American Embassy, African Information Research and Training and International Centre for Trade and Sustainable Development in this event. Sunil Abraham made a presentation on Pervasive Technologies on the opening day, December 15, 2012.

Sunil Abraham presented on 13 different smartphones from the Indian market such as: The Classroom in a Box, The Supercharger, The Networker, The Linguist, TV on the Go, The Spy, The Semi-Smartphone, The Trendy, The Boombox, 3D, The Mighty Mini, The Pianist, and the Indian Experience.

Most of the above devices are manufactured in China and imported into India through local companies for domestic consumption and made available for its 900 million mobile subscribers.

Download the presentation [PDF, 4.61 Mb]

For more details visit https://cis-india.org/a2k/blogs/access-to-knowledge-in-market-place