Centre for Internet and Society

Criminal Defamation: The Urgent Cause That has United Rahul Gandhi, Arvind Kejriwal and Subramanian Swamy

praskrishna — 2015-07-16T13:45:04Z

Three years ago when the then Janata Party president Subramanian Swamy accused Congress vice president Rahul Gandhi and his mother of misappropriation of funds while trying to revive the National Herald newspaper, the Nehru-Gandhi scion threatened to sue him.

The article by Betwa Sharma was published in Huffington Post on July 15, 2015. Sunil Abraham gave his inputs.

Swamy's response was characteristic: "Grow up and file a defamation case".

In a strange turn of events, the matter of criminal defamation has brought together an unlikely cast of characters in an ongoing petition in the Supreme Court--Swamy, Gandhi and Delhi chief minister Arvind Kejriwal, who knows a thing or two about making allegations.

They are petitioning the Apex Court to strike down penal provisions criminalising defamation, which they argue, has a "chilling effect" on the fundamental right to free speech. Opinion is divided around the world on whether or not defamation ought to be a criminal offence. Because some jurisdictions have stricter defamation laws, some indulge in a practise known as 'forum shopping', or suing in jurisdictions with harsher views on libel and slander.

The three leaders have filed separate petitions that are now being jointly heard by the court. They are challenging the constitutional validity of Sections 499 and 500 of the Indian Penal Code which make defamation a criminal offence punishable with up to two years in prison.

A verdict striking down the colonial-era S. 499, used by the British to suppress those opposing their rule, could prove to be a huge victory for free speech in India. Earlier this year, the Supreme Court struck down the draconian Section 66A of the Information Technology Act as "unconstitutional and void".

There is cause for optimism. The Supreme Court has already said that the validity of criminal defamation laws must be tested against the free speech guarantees of the constitution. The bench comprising of Justices Dipak Misra and Prafulla C Pant have observed that political debates maybe excluded as a criminal defamation offence.

While Gandhi, Subramanian and Kejriwal have been slapped with defamation suits by political rivals, there have been long-standing concerns over the threat posed by these provisions to the media and those who use social media to express their opinions against the rich and the powerful.

The government of the day is keen to maintain the status quo. In a recent submission, it has argued that S.499 is now the only provision to deal with defamation on social media and the only protection for reputation of citizens. But free speech activists say there is no evidence to show that a defamation law deters a person who is out to spread lies.

The questionable utility of S.499, the scope for its abuse and the culture of self-censorship, they argue, removes it from the ambit of "reasonable restrictions" which the state can impose on free speech under article 19 (2) of the constitution.

"Hardly a day goes by in India without some rich and powerful person initiating or threatening to initiate defamation suits against rivals or traditional media or ordinary citizens on social media," said Sunil Abraham, executive director of the Bangalore-based Centre for Internet & Society. "It is unclear how much self-censorship is going on because Indians fearing jail terms avoid speaking truth to power.

On the issue of protecting people's dignity, Abraham said there is no prima facie evidence in India that criminalising defamation in India has resulted in the protection of the reputations of citizens from falsehoods.

"On the the other hand every other national media house and quite of few investigative journalists have been and continue to be harassed by criminal suits filed by the powerful," he told HuffPost India. "The chilling effect on speech is a disproportionate price for citizenry to pay for what is only a personal harm."

Under the leadership of Chief Minister J Jayalalithaa, the Tamil Nadu government filed 125 defamation cases against The Hindu and other publications between 2001 and 2004. On Tuesday, she filed a defamation suit against news portal Rediff.com for running two articles related to speculations about her health.

In the United States, defamation claims by public officials and public figures were severely curtailed after its Supreme Court ruled in 1964 that the complainant needs to prove actual malice with "clear and convincing" evidence. Further, truth is an absolute defence against defamation in the U.S.

On Tuesday, Swamy and Gandhi also argued that truth should be defence in defamation suits. “Truth is not a complete defence in criminal defamation. For a nation with a national motto of Satyameva Devata it is ironic," Swamy said.

BJP leader Swamy is of the view that defamation should only be subject to a civil suit which can be redressed by payment of monetary compensation. But the central government has argued that a defamer could be too poor to compensate the complainant.

"I am not saying there is no such thing as defamation. You can sue someone for defamation, but you cannot deprive someone of his liberty," he said in a recent interview with The Sunday Guardian.

Jayalalithaa filed a defamation suit against the senior BJP leader who alleged that most of the boats of Indian fishermen captured by Sri Lanka belong to the AIADMK chief, her close aide Sasikala and DMK leader TR Baalu.

The suit against the Congress Vice President was filed by the Rashtriya Swayamsevak Sangh for allegedly blaming the Hindu right-wing organisation for the assassination of Mahatma Gandhi.

BJP leader Nitin Gadkari sued Kejriwal after his name was included in AAP's list of "India's most corrupt."

"The accused is in the habit of making false and defamatory statements without any basis. The statements made by the accused and his party members have damaged and tarnished my image in the eyes of the people," Gadkari told the court, last year.

Legal analysts also find it hard to predict just how far the Supreme Court will go to protect free speech. Its judgment against S.66A of the IT Act is regarded as one of the biggest victories for free speech in India. Justice Misra was on the bench that struck down the provision for being “open-ended and unconstitutionally vague," and not fit to be covered under Article 19 (2).

But last month, in a judgment regarded as a blow to free speech, it was Justices Misra and Pant who ruled that freedom of speech is not an absolute right.

Senior Advocate Gopal Subramanium had argued, "Freedom to offend is also a part of freedom of speech.”

For more details visit https://cis-india.org/internet-governance/news/huffington-post-july-16-2015-betwa-sharma-criminal-defamation-the-urgent-cause-that-has-united-rahul-gandhi-arvind-kejriwal-and-subramanian-swamy

Crime Scene Tape in Alexandria

praskrishna — 2018-08-22T00:31:54Z

Crime Scene Tape in Alexandria

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CRI Comments - Comparison Table

praskrishna — 2014-10-29T13:08:55Z

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Creative Recycling

praskrishna — 2012-06-15T11:16:34Z

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Creative Commons Bengaluru

praskrishna — 2013-03-06T10:22:48Z

Creative Commons in Bengaluru

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Creative Commons

praskrishna — 2013-11-03T16:45:23Z

Creative Commons

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Creating Shapefiles

praskrishna — 2012-02-14T09:42:52Z

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Cracking Whip

praskrishna — 2018-07-29T00:52:54Z

Cracking Whip

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CPRsouth 2016 – Young Scholars Programme

praskrishna — 2016-05-30T02:01:21Z

Rohini Lakshané, Amber Sinha and Vidushi Marda have been selected to attend the two-day Young Scholars' Programme to be held in Zanzibar, Tanzania in early September this year. The programme is a part of the CPRSouth conference.

Read the original announcement published by CPRSouth here.

Following highly successful joint Afro-Asian CPR conferences in Mauritius in 2012, and India in 2013, CPRafrica and CPRsouth formally merged under the banner of CPRsouth in 2014. Since then, CPRsouth has hosted conferences in the Cradle of Humankind in South Africa (2014), and at the Innovation Center for Big Data and Digital Convergence at Yuan Ze University, Taiwan (2015).

This year’s conference is co-hosted by COSTECH and TCRA in Zanzibar, and will include sessions on cutting-edge developments on ICT policy and regulation in the South and discussion of the research-policy interface.

30 Young Scholars from Africa and the Asia-Pacific region will be selected to participate in a tutorial programme taught by recognised scholars and practitioners from Africa and Asia, and they will attend the main conference thereafter.

Tutorials are scheduled to be held on the 6^th and 7^th of September 2016, prior to the main CPRsouth conference.

Who will qualify?

Masters/PhD students in Economics, Public policy, Communications and Journalism
Officers of government/regulatory agencies undertaking ICT policy research, developing/gathering indicators (monitoring and evaluation)
Staff of private companies in the communication industries working in regulatory affairs
Officers in NGOs/INGOs working in policy and regulation
Researchers from think tanks, university research centres
Journalists covering communication public policy and regulation

Seminar

The seminar will cover a number of topics of the two days, such as:

policy analysis using supply-side or demand-side data;
ICT impact analysis;
convergence, net neutrality;
funding broadband network extension, open access networks, spectrum;
sector and competition regulation;
research to policy interventions;
Internet governance – privacy, surveillance, human rights online; and
introduction to big data, open data.

(2016 tutorial programme still to be confirmed)

Previous tutorial presentations can be accessed at http://www.cprsouth.org/

Application deadline: 22 April 2016

Application guidelines

Applications should be submitted via this link by 22 April 2016, and must contain the following:

one-page curriculum vitae; and
one-page write-up outlining why you wish to become an African or Asia-Pacific based expert capable of contributing to ICT related policy and regulatory reform in the region

Applicants’ write-ups and biographies should be in a single word document, and named: CPRsouth2016_YoungScholar_ApplicantLastName.

Kindly note: Late applications and applications that do not conform to the prescribed format above will automatically be disqualified.

Review Criteria

Applications will be reviewed according to the following criteria:

content of application;
evidence of interest in, and commitment to, policy-relevant research for Africa or the Asia-Pacific region;
quality of writing; and
gender and country representation

The selection committee may contact your supervisor or mentor before making the final selections.

Candidates selected to participate in the tutorial programme must:

provide a one-page research proposal upon acceptance onto the tutorial programme
participate in all tutorial sessions
participate in the entire CPRsouth 2016 conference

Funding

Selected young scholars who are passport holders of, and travelling from, low and middle income countries within the Asia Pacific and Africa (as classified by the World Bank http://data.worldbank.org/about/country-classifications/country-and-lending-groups#Low_income) will be provided with:

lowest-cost economy airfare to conference destination (less USD 150 registration fee);
ground transfers between the conference venue and airport; and
twin sharing accommodation on bed and breakfast basis, 5 lunches and 1 dinner for the duration of the conference and tutorials (6 – 10 September 2016). Not all meals are covered.

The registration fee for young scholars to attend the conference and tutorials is USD150, and airfares will be reimbursed less this registration fee. Participants will be required to cover:

transport to and from airports in their home countries;
visa fees (if any);
meals not provided; and
any other incidental costs

As the registration fee is so low and should be met personally even if there is no institutional support for attendance of the course and conference, please note that only under exceptional circumstances of extreme financial hardship may the organisers consider a waiver of the conference registration fee. Such waivers will be considered on a case-by-case basis and only where a scholar would otherwise be prevented from attending the YS programme and conference.

Visas

Letters of invitation will be provided for purposes of visa applications after participant selections have been made. Participants are responsible for securing their own visas to enter Tanzania, and are strongly advised to initiate visa approval procedures immediately on receipt of confirmation of their participation.

Kindly direct all enquiries to Ondine Bello: admin@researchictafrica.net orinfo@CPRsouth.org

For more details visit https://cis-india.org/internet-governance/news/cprsouth-2016-2013-young-scholars-programme

CPR South 2

praskrishna — 2013-09-30T11:17:37Z

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CPR South 1

praskrishna — 2013-09-30T10:58:17Z

For more details visit https://cis-india.org/internet-governance/blog/cpr-south-1

CPDP 2015

praskrishna — 2014-09-30T09:52:52Z

The eighth international conference on computers, privacy and data protection will be held in Brussels from January 21 to 23, 2015. The Centre for Internet and Society is a moral supporter of CPDP.

CPDP is a non-profit platform originally founded in 2007 by research groups from the Vrije Universiteit Brussel, the Université de Namur and Tilburg University and has grown into a platform carried by 20 academic centers of excellence from the EU, the US and beyond. As a world-leading multidisciplinary conference CPDP offers the cutting edge in legal, regulatory, academic and technological development in privacy and data protection. Within an atmosphere of independence and mutual respect, CPDP gathers academics, lawyers, practitioners, policy-makers, computer scientists and civil society from all over the world in Brussels offering them an arena to exchange ideas and discuss the latest emerging issues and trends. This unique multidisciplinary formula has served to make CPDP one of the leading data protection and privacy conferences in Europe and around the world. CPDP2014 welcomed 854 guests including 343 speakers from 43 different countries dispersed over more than 60 panels which took place during three full days. It attracted another 500 people in several public evening events including debates, a pecha kucha evening and an art exhibition. CPDP2015 aims to repeat the success of last year and will stage panels within the following main topical themes: Data Protection Reform: European and Global Developments, Mobility (mobile technologies, wearable technologies, border surveillance), EU-US developments concerning the regulation of government surveillance, Health, privacy and data protection, Love and lust in the digital age, Internet governance and privacy.

In 2015 CPDP will take place from January 21 to 23, 2015 in the Halles de Schaerbeek, Brussels, Belgium. Registrations are already open: http://www.cpdpconferences.org/Registration.html. For more details see here.

For more details visit https://cis-india.org/internet-governance/news/cpdp-2015

CPDP 2014 Reforming Data Protection: The Global Perspective

praskrishna — 2013-12-11T03:39:50Z

Already in its 7th edition, the annual Computer Privacy and Data Protection conference (organised by CPDP) is being held in Brussels from January 22 to 24, 2014. Malavika Jayaram will be speaking at this event.

The Centre for Internet and Society is one of the sponsors for this event. Click here to read the full programme.

CPDP is a non-profit platform originally founded in 2007 by research groups from the Vrije Universiteit Brussel, the Université de Namur and Tilburg University, which has now grown significantly and incorporates a consortium of 21 conference partners.

CPDP offers the cutting edge in legal, regulatory, academic and technological development in privacy and data protection. In an atmosphere of independence and mutual respect, CPDP gathers academics, lawyers, practitioners, policy-makers, computer scientists and civil society from all over the world to exchange ideas and discuss the latest emerging issues and trends. This unique multidisciplinary formula has served to make CPDP one of the leading data protection and privacy conferences in Europe and around the world.

CPDP2014 has become truly global: it is co-organized by conference partners from Europe and the United States, and devotes panels to Latin-America and India. Moreover, CPDP is reaching out to the Asia-Pacific with speakers coming from all over the region.

The progressive growth of CPDP will culminate in an unprecedented 7^th edition. A terrific programme will include more than 60 panels held over three consecutive days. The panels will focus on key issues that cover all current debates: The data protection reform in the European Union, PRISM, big data, cybercrime, data retention, cloud computing, enforcement by Data Protection Authorities, biometrics, e-health, privacy by design, and much, much more. In addition, there will be a day event on the ethical issues of data collection on minorities, and the use of technology to advance the status of Roma.

CPDP will offer valuable contributions from the leading names in the field, including key representatives from all the major European institutions - the European Commission, the European Parliament, the European Data Protection Supervisor, and the Council of Europe.

In addition to the well-known classic Pecha Kucha side event, there will be several public debates held in the evenings – both in Dutch and English.

CDP2014 will continue to pay particular attention to high-level and innovative research from PhD Students and outstanding junior researchers by organizing sessions completely devoted to their work. CPDP2014 will also remain home to several award ceremonies, such as the award for the best Multidisciplinary Privacy Paper and the EPIC International Champion of Freedom Award.

Whether you are involved in the Conference as a sponsor, supporter, partner or participant or not, CPDP2014 welcomes you to join the event and contribute to the debate on emerging privacy and data protection issues.

For up to date information, registration and the programme, please visit http://www.cpdpconferences.org/ and follow CPDP on Facebook (cpdpconferences) and Twitter (@cpdpconferences).

If you have any questions please contact: info@cpdpconferences.org

For more details visit https://cis-india.org/events/cpdp-2014-reforming-data-protection-global-perspective

CPDP (Computers, Privacy and Data Protection) 2017

praskrishna — 2017-02-03T02:02:05Z

Amber Sinha participated as a panelist in a panel on 'EU Adequacy Status for International Data Transfers' in Brussels, Belgium on January 26, 2017. The event was organized by Privacy International.

EU Adequacy Status for International Data Transfers

According to EU data protection laws, countries only have blanket freedoms to receive and process personal data from the EU if they have been awarded an adequacy status by the Commission. Given the vital importance of data transfers between countries in the global economy, having such a status is a valuable asset, as other available legal means of transfer are more limited. India, for e.g. is said to be losing in excess of Euro 30 billion per year through lost trade with the EU, as it lacks such adequacy status. In the 20+ years since the data protection Directive was passed, only 11 states have been decided to be ‘adequate’ by the Commission – which include the US with its recently awarded Privacy Shield. The Commission methodology and procedures for granting adequacy to countries is increasingly under scrutiny – for e.g. a recent study found that the way it makes adequacy decisions for its trade partners could be accused of being obscure, inconsistent and without clear criteria or rules or timeframes. This also makes EU data protection laws vulnerable to challenge under world trade rules. This panel will address the following questions:

Questions to be considered:

On what basis does the EU and the Commission make decisions on whom to grant adequacy status?

In the light of the Schrems judgement defining adequacy as ‘essentially equivalent’, should all past decision be revised?

Given that more than 100 countries now have general data protection laws, how should countries be chosen for adequacy judgements?
What criteria and methodologies should be used to ensure all countries are treated equally, to ensure fundamental rights are equally upheld, and to avoid possible challenge under WTO rules?
(New) What are your views on the EC proposal to facilitate international transfers of personal data, recently published?

Panel:

Chair: Jan Albrecht MEP

Panel:

Kristina Irion, Institute of Information Law (IVIR), University of Amsterdam:

Kristina is expert academic in both data protection and related trade issues, author of recent study ‘Trade and Privacy: complicated bedfellows’

Amber Sinha, Centre for Internet and Society (CIS), India

Amber is policy researcher specialising in privacy and big data ; CIS is an India NGO and partner organisation of Privacy International.

Daniel Cooper, Covington and Burling ;

Dan is partner at this global law firm, which advises both business and government clients round the world ; he leads the data protection practice in London

Bruno Gencarelli, European Commission DG Justice ;

Bruno is the head of the new DG Justice unit on data flows and data protection, and as such the Commission boss of adequacy

Veronica Perez-Asinari, European Data Protection Supervisor (EDPS).

Veronica is the EDPS head of unit for supervision and enforcement; she has also recently spent some months working with the Argentina DPA (Argentina has EU adequacy).

Moderator: Anna Fielder, Privacy International

For more details visit https://cis-india.org/internet-governance/news/cpdp-computers-privacy-and-data-protection-2017

CPC and CrPC

praskrishna — 2014-04-29T05:54:14Z

For more details visit https://cis-india.org/internet-governance/blog/cpc-crpc.zip