Centre for Internet and Society

September 2015 Bulletin

praskrishna — 2015-11-25T01:55:25Z

We are happy to share with you the ninth issue of the Centre for Internet and Society (CIS) newsletter (September 2015). It has been a significant month for public debates on the digital future of governance, citizenship, and economy in India, led by conversations around the draft National Encryption Policy, the Aadhaar number as a basis for provision of welfare services, the investigation of Google for potential abuse of market dominance by the Competition Commission of India, and the Guidelines for Examination of Computer Related Inventions released by the Indian Patents Office. We were busy engaging with these issues, and more.

The past editions of the newsletter can be accessed at http://cis-india.org/about/newsletters.

Sumandro Chattapadhyay, Research Director

Internet Researchers' Conference (IRC) 2016 - Studying Internet in India
With great excitement, we are announcing the beginning of an annual conference series titled Internet Researchers' Conference (IRC), the first edition of which is to take place in Delhi during February 25-27, 2016 (yet to be confirmed). We invite you to propose sessions for the conference by Sunday, November 15, 2015.

Highlights

CIS sent an Open Letter to Prime Minister Narendra Modi during his US visit, requesting him to urge USA to ratify the Marrakesh Treaty. During the month, NVDA team organized training programmes for the visually impaired at Kullu, Bangalore and Ranchi. Nehaa Chaudhari in a blog post laid out a series of research questions, potentially seeking to apply actor-network theory as a research methodology. Recently, the Indian Patents Office released the Guidelines for Examination of Computer Related Inventions (“2015 Guidelines/ Guidelines”) in an attempt to clarify examination of software related patents in India. Anubha Sinha analysed the 2015 Guidelines. Read on to understand how the new guidelines will potentially lead to an increase in software patenting activity by expanding the scope of patentable subject matter – in negation of the legislative intent of section 3(k) of the Indian Patents Act, 1970. As a part of its content donation initiative, CIS has brought Nadustunna Charithra magazine under CC BY SA licence. CIS-A2K has received 74 issues as of now from the Telugu Jaati foundation. Sunil Abraham’s article titled Hits and Misses with the Draft Encryption Policy was published in The Wire on September 26, 2015. Vidushi Marda in a blog post titled Data Flow in the Unique Identification Scheme of India analysed the data flow within the UID scheme and highlighted the vulnerabilities at each stage. Vanya Rakesh in a blog post titled Human DNA Profiling Bill 2012 v/s 2015 Bill has analysed the Human DNA Profiling Bill introduced in 2012 with the provisions of the 2015 Bill. CIS sought information from ICANN on their revenue streams by sending them a second request under their Documentary Information Disclosure Policy. This request and their response have been described in a blog post by Aditya Garg. CIS has submitted a joint proposal with DataMeet and Oorvani for the Knight News Challenge 2015. We are proposing the development of "an application for users to search for locally-relevant data, discuss missing data, demand data, explore and respond to data demands by others, and start data crowd-sourcing exercises." CIS made its submission on CCWG-Accountability 2nd Draft Proposal on Work Stream 1 Recommendations to ICANN's CCWG-Accountability. Pranesh Prakash, on behalf of CIS, submitted comments to the Department of Telecom Panel’s report on net neutrality via MyGov. Prakash states that the report displays a far better understanding of the underlying issues than the TRAI consultation paper did, and is overall a good effort at balancing the different sides. Shyam Ponappa’s monthly column titled More on Those Dropped Calls was published by Business Standard.

Accessibility and Inclusion

Under a grant from the Hans Foundation we are doing a project on developing text-to-speech software for 15 Indian languages. The progress made so far in the project can be accessed here.

NVDA and eSpeak

Monthly Updates

September 2015 Report (Suman Dogra; September 30, 2015).

Event Reports

Training in the use of eSpeak Hindi with NVDA (Organized by CIS and Lakshay for the Differently Abled; September 29 – 30, 2015; Ranchi). The event was conducted online by Dr. Homiyar over skype, with local support from Mritunjay Kumar and Zainab.
5 day TOT for Training in Use of eSpeak Kannada with NVDA (Organized by CIS, Mithra Jyoti, Enable India and NFB, Bangalore; September 21 – 25, 2015; Bangalore).
eSpeak Training in Hindi Language (Organized by CIS and National Association for the Blind; Kullu; September 3 – 4, 2015).
Training in eSpeak Marathi (Organized by CIS; Atmadepam Society; August 22 – 23, 2015). The report was published in the month of September.

Access to Knowledge

As part of the Access to Knowledge programme we are doing two projects. The first one (Pervasive Technologies) under a grant from the International Development Research Centre (IDRC) is for research on the complex interplay between pervasive technologies and intellectual property to support intellectual property norms that encourage the proliferation and development of such technologies as a social good. The second one (Wikipedia) under a grant from the Wikimedia Foundation is for the growth of Indic language communities and projects by designing community collaborations and partnerships that recruit and cultivate new editors and explore innovative approaches to building projects.

Pervasive Technologies

Blog Entries

Pervasive Technologies: Working Document Series - Research Questions and a Literature Review on the Actor-Network Theory (Nehaa Chaudhari; September 5, 2015).
FAQ: CIS Proposal for Compulsory Licensing of Critical Mobile Technologies (Rohini Lakshané; September 25, 2015).

Other (Copyright and Patent)

Submission

Comments on the Guidelines for Examination of Computer Related Inventions (CRIs) (Anubha Sinha; September 21, 2015).

Blog Entries

Open Letter to PM Modi on Intellectual Property Rights issues on His Visit to the United States of America in September 2015 (Pranesh Prakash and Nehaa Chaudhari; September 23, 2015).

Participation in Events

National Conference: WTO, FTAs and Investment Treaties: Implications for development policy space (Organized by Focus on the Global South, Institute for Studies in Industrial Development (ISID), Madhyam, MSF Access Campaign, National Working Group on Patent Laws and WTO (NWGPL), Public Services International (PSI) – South Asia, South Solidarity Initiative – ActionAid, Third Word Network (TWN), and Forum against FTAs; September 22 – 23, 2015; Institute for Studies in Industrial Development, New Delhi). Nehaa Chaudhari made a presentation on Copyright: Access to Knowledge in Free Trade Agreements?
IPEX 2015 (Organized by Confederation of Indian Industry, APTDC and TDPC; September 25 - 26, 2015; Chennai). Rohini Lakshané attended the event.

Media Coverage

Open letter from CIS to PM Modi on Intellectual Property Rights issues on his Visit to US (Apoorva Mandhani; LiveLaw; September 23, 2015).

Wikipedia

As part of the project grant from the Wikimedia Foundation we have reached out to more than 3500 people across India by organizing more than 100 outreach events and catalysed the release of encyclopaedic and other content under the Creative Commons (CC-BY-3.0) license in four Indian languages (21 books in Telugu, 13 in Odia, 4 volumes of encyclopaedia in Konkani and 6 volumes in Kannada, and 1 book on Odia language history in English).

Blog Entries

CIS brings Nadustunna Charithra magazine under CC BY SA licence (Tanveer Hasan; September 2, 2015).
OCR and OER – update (Subhashish Panigrahi; Open Education Working Group; September 25, 2015).
As Odia Wikipedia turns 13, what happens next? (Subhashish Panigrahi; September 26, 2015). This was originally published on the Wikimedia Blog on August 21. The post was shared on Wikipedia's official Facebook page, and on Twitter handles [1 and 2].
Google's Optical Character Recognition Software Now Works with All South Asian Languages (Subhashish Panigrahi; September 26, 2015).
Wikimedia contributor shares his Linux story (Subhashish Panigrahi; September 27, 2015). This article is part of a series called My Linux Story. To participate and share your Linux story, contact us at: open@opensource.com. Read the original published by Opensource.com on September 3, 2015.

Events Co-organized

Annamaya Library edit-a-thon (Organized by CIS-A2K and Telugu Wikipedia Community; August 6, 2015; Andhra Loyola College; Vijaywada).
International Workshop on Digitization and Archiving (Organized by CIS-A2K and Wikipedia Community; August 19 – 21, 2015). Rahmanuddin Shaik was one of the trainers.

Media Coverage

CIS gave its inputs to the following:

Unable to read Odia on your android device? Don’t fret! (Ruby Nanda; Odisha Sun Times; September 28, 2015).

Openness

The advent of the Internet has radically redefined what it means to be open and collaborative. The Internet itself is built upon open standards and free/libre/open source software. Our work in the Openness programme focuses on open data, especially open government data, open access, open education resources, open knowledge in Indic languages, open media, and open technologies and standards - hardware and software. We approach openness as a cross-cutting principle for knowledge production and distribution, and not as a thing-in-itself.

Open Data

Submission

As one of the general stewards of the process, CIS was invited to take part in the final drafting meeting of the International Open Data Charter held before Con Datos 2015 in Santiago, Chile, but we could not take part in it. Apart from organising two public consultations on the draft Charter in Bengaluru and Delhi, we also submitted our detailed comments on the document. The final version of the Charter document has been launched at the United Nation General Assembly meeting, on September 27.

Free Software

Blog Entry

Software Freedom Pledge (Pranesh Prakash; September 25, 2015).

Internet Governance

As part of its research on privacy and free speech, CIS is engaged with two different projects. The first one (under a grant from Privacy International and International Development Research Centre (IDRC)) is on surveillance and freedom of expression (SAFEGUARDS). The second one (under a grant from MacArthur Foundation) is on studying the restrictions placed on freedom of expression online by the Indian government.

Privacy

Article

Hits and Misses With the Draft Encryption Policy (Sunil Abraham; The Wire; September 26, 2015).

Blog Entries

Data Flow in the Unique Identification Scheme of India (Vidushi Marda; September 3, 2015).
Human DNA Profiling Bill 2012 v/s 2015 Bill (Vanya Rakesh; September 6, 2015).
Open Governance and Privacy in a Post-Snowden World: Webinar (Vanya Rakesh; September 26, 2015).

Participation in Event

The Changing Landscape of ICT Governance and Practice - Convergence and Big Data (Co-organized by Innovation Center for Big Data and Digital Convergence, Yuan Ze University, Taiwan; August 24 – 25, 2015). Sharat Chandra Ram was granted the Young Scholar Award 2015 to attend the Young Scholar Workshop followed by main CPRSouth2015 conference (Communication Policy Research South) conference.

Free Speech and Expression

Submission

CIS Submission on CCWG-Accountability 2nd Draft Proposal on Work Stream 1 Recommendations (Pranesh Prakash; September 13, 2015).

Blog Entries

DIDP Request #11: NETmundial Principles (Aditya Garg; September 14, 2015).
DIDP Request #12: Revenues (Aditya Garg; September 14, 2015).
Peering behind the veil of ICANN’s DIDP (Padmini Baruah; September 21, 2015).

Participation in Event

Asian Regional Consultation on the WSIS+10 Review (Organized by The Internet Democracy Project, Bytes for All, APNIC, the Association for Progressive Communications, ISOC, Global Partners Digital and ICT Watch; September 3 – 5, 2015). Jyoti Panday attended the event.

IGF

The tenth annual IGF meeting will be held in João Pessoa, Brazil, on November 10 - 13, 2015. IGF's MAG has decided to retain the title “Evolution of Internet Governance: Empowering Sustainable Development” as the overarching theme. Sunil Abraham will be a panelist for the following workshops:

Understanding and Mitigating Online Hate Speech and Youth Radicalisation (Organized by Council of Europe, Oxford University, OHCHR, Google and ISOC; November 2015).
Transnational Due Process: A Case Study in Multi-stakeholder Cooperation (Organized by the United Nations; November 2015).

Cyber Security

Event Organized

Bangalore Chapter Meet of DSCI (Co-organized by DSCI and CIS; September 26, 2015). Melissa Hathaway, Commissioner, Global Commission for Internet Governance and Sunil Abraham gave a talk at this event.

Miscellaneous

Sustainable Smart Cities India Conference 2015, Bangalore (Vanya Rakesh; September 21, 2015).

Telecom

CIS is involved in promoting access and accessibility to telecommunications services and resources and has provided inputs to ongoing policy discussions and consultation papers published by TRAI. It has prepared reports on unlicensed spectrum and accessibility of mobile phones for persons with disabilities and also works with the USOF to include funding projects for persons with disabilities in its mandate:

Submission

Comments on the DoT Panel Report via MyGov (Pranesh Prakash; September 26, 2015).

Op-ed

More on those Dropped Calls (Shyam Ponappa; Business Standard; September 2, 2015 and Organizing India Blogspot; September 3, 2015).

Researchers at Work

The Researchers at Work (RAW) programme is an interdisciplinary research initiative driven by contemporary concerns to understand the reconfigurations of social practices and structures through the Internet and digital media technologies, and vice versa. It is interested in producing local and contextual accounts of interactions, negotiations, and resolutions between the Internet, and socio-material and geo-political processes:

Submission

Where's My Data? Submission for Knight News Challenge 2015 (Sumandro Chattapadhyay; September 30, 2015). The text of the proposal was prepared by Nisha Thompson of DataMeet, Meera K of Oorvani, and Sumandro Chattapadhyay.

Blog Entries

The Internet in the Indian Judicial Imagination (Divij Joshi; September 9, 2015).
The Many Lives and Sites of Internet in Bhubaneswar (Sailen Routray; September 21, 2015).

News & Media Coverage

CIS gave its inputs to the following media coverage:

Does this click with you? (Parshathy J. Nath; The Hindu; September 1, 2015).
Government may tieup with global police, Interpol to fight child pornography (Surabhi Agarwal; September 3, 2015).
Hiding behind rules on naming sites it banned, govt reveals fears (Harjeet Inder Singh Sahi; September 3, 2015).
Outrage before sharing (Nikhil Verma; The Hindu; September 9, 2015).
Faking a stand (Shweta T. Nanda; The Week; September 20, 2015).
Some Key Words Are Missing (Arindam Mukherjee; Outlook; September 21, 2015).
Open sesame (The Hindu; September 22, 2015).
India encryption policy draft faces backlash (Moulishree Srivastava; September 22, 2015)
Online outcry forces government to withdraw draft encryption policy (Naina Khedekar; First Post; September 23, 2015).
Encryption policy would have affected emails, operating systems, WiFi (Amrita Madhukalya; DNA; September 23, 2015).
Govt presses 'undo' button on draft encryption policy (Business Standard; September 23; 2015).
Huge outcry forces India to backtrack on social media data proposal (Today; September 24, 2015).
Facebook’s Free Internet Access Program in Developing Countries Provokes Backlash (Newley Purnell and Resty Woro Uniar; The Wall Street Journal; September 24, 2015).
Ahead of hosting Modi, Facebook rebrands internet.org as Free Basics (Business Standard; September 26, 2015).
‘By weakening our security, govt is putting us at risk of espionage’ (S. Raghotham and Mayukh Mukherjee; Asian Age; September 27, 2015).
ভারতে পাঁচশোরও বেশি স্টেশনে ফ্রি ওয়াই-ফাই চালু হবে (BBC; September 28, 2015).
Do you agree with our fee hike? Press 1 to answer Yes; or 2 for Yes (Kieren McCarthy; The Register; September 29, 2015).
Indian PM Narendra Modi’s digital dream gets bad reception (Amanda Hodge; September 29, 2015).
What Bengaluru Thinks of the Big Tech Announcements in Silicon Valley (Maya Sharma; NDTV; September 29, 2015).

About CIS

The Centre for Internet and Society (CIS) is a non-profit organisation that undertakes interdisciplinary research on internet and digital technologies from policy and academic perspectives. The areas of focus include digital accessibility for persons with diverse abilities, access to knowledge, intellectual property rights, openness (including open data, free and open source software, open standards, open access, open educational resources, and open video), internet governance, telecommunication reform, digital privacy, and cyber-security. The academic research at CIS seeks to understand the mediation and reconfiguration of social and cultural processes and structures by the internet and digital media technologies.

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► Support Us

Please help us defend consumer / citizen rights on the Internet! Write a cheque in favour of ‘The Centre for Internet and Society’ and mail it to us at No. 194, 2nd ‘C’ Cross, Domlur, 2nd Stage, Bengaluru – 5600 71.

► Request for Collaboration

We invite researchers, practitioners, artists, and theoreticians, both organisationally and as individuals, to engage with us on topics related internet and society, and improve our collective understanding of this field. To discuss such possibilities, please write to Sunil Abraham, Executive Director, at sunil@cis-india.org (for policy research), or Sumandro Chattapadhyay, Research Director, at sumandro@cis-india.org (for academic research), with an indication of the form and the content of the collaboration you might be interested in. To discuss collaborations on Indic language Wikipedia projects, write to Tanveer Hasan, Programme Officer, Access to Knowledge, at tanveer@cis-india.org.

CIS is grateful to its primary donor the Kusuma Trust founded by Anurag Dikshit and Soma Pujari, philanthropists of Indian origin for its core funding and support for most of its projects. CIS is also grateful to its other donors, Wikimedia Foundation, Ford Foundation, Privacy International, UK, Hans Foundation, MacArthur Foundation, and IDRC for funding its various projects.

For more details visit https://cis-india.org/about/newsletters/september-2015-bulletin

The Many Lives and Sites of Internet in Bhubaneswar

Sailen Routray — 2015-09-21T05:36:18Z

This post by Sailen Routray is part of the 'Studying Internets in India' series. Sailen is a researcher, writer, editor and translator who lives and works in Bhubaneswar. In this essay, he takes a preliminary step towards capturing some of the experiences of running and using internet cafes, experiences that lie at the interstices of (digital) objects and spaces, that are at the same time a history of the internet as well as a personal history of the city.

The Cybercafé in Bhubaneswar: A Very Personal Introduction

Till about ten years back perhaps, mustard-yellow coloured STD booths were as common a part of the Indian urban ecosystem as the common crow. But, as of the middle of 2015, the apparently ever ubiquitous STD booth seems to have gone the way of the sparrow, not yet extinct, but rare enough to evoke a visceral pang of nostalgia whenever one comes across a straggling specimen. But nostalgia is perhaps the wrong word to describe the emotion of ‘missing’ a STD booth in a city like Bhubaneswar.

The emotion that such urban change evokes in one is perhaps better described by the Odia word moha-maya (which is a combination of two words – maya and moha) which can connote everything from pity to longing to irrational attachment that causes pain. For this writer, more than the STD booth, what causes the most serious pang of moha-maya are the rapidly disappearing cybercafes, although the latter have not quite evaporated so completely as the STD booth.

This might not sound like too much of a loss for those on the right side of thirty. But to some of us (belonging to what Palash Krishna Mehrotra categorised as ‘The Butterfly Generation’ in the eponymous book) inching towards our first hiccups of an early middle age, this will be just another wry reminder of mortality; all things will fade away, including yours truly.

I do not remember the first day I accessed the internet. Perhaps the experience was not very startling; I like many others in my generation, I lie between the two Indian extremes to technological innovations – the blind fascination welded with incompetence that characterises so much of the generation of the midnight’s children, and the blind acceptance of all technological innovations by the generation born in the 1990s and 2000s. I, for example, also do not remember the first time I used a telephone. But I do remember for sure, that it was at our Sailashree Vihar home (in Bhubaneswar), to which we shifted in October 1992; because, one remembers for sure that one did not have a telephone connection before then.

Similarly, I remember where I accessed the internet for the first time, although the details of that first interface escape me now. It was a place called PAN-NET (or was it PLANNET? I can’t be sure; my memory, unfortunately, is like a bamboo sieve; it holds things, but not too much and not for very long) on the edge of the IMFA park in Shahid Nagar. Within a year of this, at least three cybercafés had opened shop near my house in Sailashree Vihar in the Chandrasekharpur area in North Bhubaneswar.

The Semi-Public Internet

Thus, my first experience of accessing the internet, like the majority of Indians of my generation perhaps, was at a ‘public’ place, a cybercafé. What happened as a result, was that the idea of accessing the internet, and not only its usage, as a communal exercise, got embedded deeply inside one’s mind; one saw the internet as a public utility and its usage as public/semi-public acts.

Sasikanta Bose (name changed), a student of philosophy, feels in a similar way. He learnt to use computers and the internet in cybercafés in the Jagamohan Nagar area, near his college in Bhubaneswar. As a regular writer for webzines earlier, he could not have functioned without these. Although now he accesses the internet through a cable connection and a laptop at home, he still uses cybercafés for taking printouts and for scanning. Over the last few years, Facebook is an additional reason for him to be on the World Wide Web, and he is more comfortable accessing Facebook at home, rather than in a cybercafé. But his primary reason for accessing the net remains to access webzines and reading material on the internet, and he feels this is done much more efficiently at a cybercafé since there is an immediate monetary pressure to get the most returns on the money that one is spending. The cybercafé that he uses the most is EXCEL in Sailashree Vihar.

The Case of ‘EXCEL’

EXCEL is a cybercafé established in the year 2001. Mr. Susant Kumar Behera and Mr. Sukant Kumar Behera (two brothers) are the proprietors. It is located on the ground floor of a house in the sixth phase of Sailashree Vihar. It must be mentioned here in passing that Sailashree Vihar is a strange new locality in Bhubaneswar initially planned and constructed by the Odisha State Housing Board; strange, like a lot of other things that came into being in the 1980s. It has only two ‘phases’, phase six and phase seven; I do not think even the Housing Board knows where the other five phases have meandered off to.

EXCEL is located on a service road parallel to the main arterial road of Sailashree Vihar that divides the sixth and the seventh phases. When Excel opened, it was opened primarily as a communication center with the cybercafé and the STD-PCO booth as the mainstays of the family concern. The STD booth reached its peak in 2004 and was almost dead by 2006-2007; the increasingly ubiquitous mobile phone effectively killed the PCO business. A coin-operated system was operational till very recently; it was discontinued in 2013. With the death of the PCO booth, EXCEL moved into the mobile voucher business for pre-paid mobiles; but with only two percent commission being offered by most service providers, this is a high-turnover but low-profit business for the shop, and has not been able to replace the revenues and profits of the PCO business.

Mr. Susant Behera (Bunu bhai to most of his customers and to me as well; and he also happens to be a close friend of one my closest schoolmate’s family friend), says that when they started the cybercafé business, they were very anxious to be a ‘different’ kind of player. Most cybercafés in Bhubaneswar, then offered primarily the illicit joys of pornography as their primary attraction. This was reflected in the very design of the cybercafés; most cybercafés were designed in the form of small cabins with often curtains on their small doors, and the computer screens faced the wall. Therefore, when EXCEL opened shop, I remember it being a refreshingly new kind of cybercafé. All the monitors were placed on reverse ‘U’ shaped tables with the backs of the monitors facing the wall, and the monitor screens facing out towards everyone; there was thus, no privacy. But this completely removed the sleaze that was then associated with cybercafés and the internet, and made the cybercafé popular with new social groups using the internet, such as single young women. EXCEL was and still remains popular with young women as a node for accessing the internet.

Now EXCEL is a very different kind of space from the time I remember it from my college days (1999-2002). It was, even then, popular with the young. But now it is much more of a safe hang-out place for college going young adults and those who have newly joined the work force, with fast moving snacks items such as puffs (called ‘patties’ in Bhubaneswar) and rolls, and ice cream being sold at the shop. It is much more of tuck shop now, with national and international brands of packaged food such as Haldiram and Nestle fighting for rack space. This transformation started in 2003 itself, two years into the opening the business; but whereas earlier EXCEL was primarily a PCO booth and cybercafé where one could get something to eat, it is primary a tuck shop these days. The shop also functions as a travel agent now, and books all kinds of bus, train and flight tickets.

The cybercafé still remains important for this family business and contributes around 20% of its total profits; but this is down from an all-time high of 50-60% in 2006-07 and from 30% when the business started in 2001. In the last ten years, the capacity of the café has come down by ten computers, and now it operates with only six systems; till 2010, the café had 20 systems, and by 2012, the number had decreased to 14. A large part of the revenue is now from the ancillary services provided by the cybercafé, such as scanning and printing; data does not drive the business any longer. Even the six systems now operational in EXCEL stay unused for some parts of the day; it operates at full capacity only in the evenings. During the day, often half of the systems lie idle and unused. But the cybercafé in EXCEL has other roles in the family business; it often provides an entry into other services such as ticketing that are offered; often a customer who steps into the shop to take printouts in the cybercafé, ends up buying a recharge voucher for her pre-paid mobile connection, or picks up a family pack of ice-cream for her home.

Imagining a World without Cybercafés

Ajay Kumar Puhan (28, from Jajpur district), who works at EXCEL, feels that cybercafés in their present form will survive only for another three to four years. After that period of time they just might survive as glorified ‘printout and scanning’ cafes. He has worked for around nine years at Excel, across the last ten years, since he was 18 years old. Now he is simultaneously studying and is in the final stages of finishing his diploma in mechanical engineering. According to him, the customer profile has drastically changed over the last ten years; only those who cannot and/or do not access the internet through mobile devices come to the cybercafé for their browsing needs. Students also drive demand for the café with their needs for filling up forms. He feels that the situation is very similar in his village as well, with almost everyone who can afford a smart phone has one with an internet pack.

This decline in the cybercafé component of the family business in EXCEL is reflective of a larger churning in the business. Ten years back there were around ten cybercafés in the greater Sailashree Vihar area. Now only three survive, of which EXCEL is one. Elsewhere in Bhubaneswar, the story is a similar one; often cybercafés have added additional services such as photocopiers or have transformed into gaming stations to survive as businesses. This change has been driven by fundamental transformations in the ways in which the internet is accessed in the country and in the city. Mobile phones have become the dominant device for accessing the internet in Bhubaneswar (and in India), and this has had significant effects on cybercafés in the city. The gentrification of many parts of the city and the consequently increasing rents for commercial property, and increases in wages of attendants at the cafes, are the other reasons why cybercafés are increasingly going the way of PCO-STD booths in the city.

Now, the Semi-Private Internet

Rahul (name changed) uses EXCEL very infrequently. But when he was a student in a big engineering college four years back, he used to sometimes go to the bunch of cyber cafes dotting the area surrounding his college in South-west Bhubaneswar. His visits were infrequent; he would go to a cyber café for some project related work, to quickly check his Facebook account, or to get his fix of porn. Even when internet was available at home, the cybercafés offered a sense of freedom because of the anonymity of the interface.

There was very little regulation of the cybercafés a few years back, and one could get a cabin and access the net without any identity proof. One could have anonymous chats, browse for pornography and watch it in the semi-privacy of a cubicle, or get one’s dose of social networking sites (sometimes registered in a fake name) without the usual fears when one does these from one’s private connecting devices.

But his accessing the internet through the cybercafés was more often than not a very hesitant activity. Quite a few times there would be people making out in the next cabin; more often than not, these would be seniors or batch-mates from his college. In those days cybercafés were infamous for being places where girls and boys, often college students, with no other place to hang out in, would indulge in some heavy duty necking and petting. The owners of the cafes were aware of what was happening. But they would not interfere, as that would mean turning away customers. Raul did not have a problem with people making out in a cabin that shared the same partition as his cubicle; but, he would feel odd and get a nagging feeling as if he was intruding.

For Rahul. The semi-publicity of the cyber-café was manifested by its obverse – semi-privacy. He sometimes misses the hothouse atmosphere of the cybercafés of yore, when you could slice the sexual charge in their atmosphere with a scythe, and reap private moments in ‘public’ places. He has not searched for a cybercafé with any urgency in a long time, because he does not need them for his project work; and his smart phone answers his social networking needs. But he feels a certain moha-maya for the semi-privacies of the internet that existed outside the fully private smartphone and the laptop.

Conclusion

Moha in sankrit means everything from infatuation, delusion, lack of discrimination, ignorance and falling into error, that are captured in the Odia word as well. The word maya also captures all these meanings in both English and Odia. And moha is a vice, for both Shankara and Buddha. It is a vice for Odia saints such as Achyutananda Das and Arakkhita Das as well, spanning the whole pre-modern experience from the 16th to the 19th centuries. Moha-maya is a feeling, a condition that one has to overcome to arrive at true knowledge – knowledge that simultaneously provides insights into the self and the world. Hence, to be free from moha-maya one needs to stay in the moment; any moha-maya for the past therefore, is supposed to be spiritually debilitating. Therefore, the Odia relationship with the past is a complicated one. One has to honour tradition; yet, one has to be free of moha-maya of the particular, peculiar, material manifestations of the tradition, of the past. This applies as much to dead relatives, as to disappearing socio-technological forms such as the STD booth and the cyber-cafes.

With the attack on the cybercafé continuing in all these various fronts, it is highly unlikely that it will survive into the third decade of the twenty-first century. But like other attacks on communally shared, semi-public/semi-private social spaces, these attacks of ‘inevitable’ forces of technology and market need to be resisted. But there are no easy answers as to how to go about doing it. As for me, even though I have a laptop and a couple of data cards (one personal, and the other official) through which I access the internet, even when I do not have the need to scan or print, I pay a routine weekly visit to the neighbourhood cybercafé. Token gesture, I know; but when one is fighting forces that are infinitely larger than oneself, one perhaps has to resort to all kinds instruments of resistance, including the token, ‘weapons of the weak’. One cannot eliminate death, but one can definitely prolong life. Especially, when the final moha-maya is for life itself.

The post is published under Creative Commons Attribution 4.0 International license, and copyright is retained by the author.

For more details visit https://cis-india.org/raw/blog_the-many-lives-and-sites-of-internet-in-bhubaneswar

The Internet in the Indian Judicial Imagination

Divij Joshi — 2015-09-09T05:26:50Z

This post by Divij Joshi is part of the 'Studying Internets in India' series. Divij is a final year student at the National Law School of India University, Bangalore and is a keen observer and researcher on issues of law, policy and technology. In this essay, he traces the history of the Internet in India through the lens of judicial trends, and looks at how the judiciary has defined its own role in relation to the Internet.

Introduction

On the 14th of August, 1995, the eve of the 48th anniversary of Indian Independence, India began a new, and wholly unanticipated tryst with destiny - Videsh Sanchar Nigam Limited (VSNL) launched India's first full Internet service for public access [1]. In 1998, just a few years after VSNL introduced dial-up Internet, around 0.5% of India’s population had regular Internet access. By 2013, the latest estimate, 15% of the country was connected to the Internet, and the number is growing exponentially [2]. As the influence of the Internet grew, the law and the courts began to take notice. In 1998, there were four mentions of the Internet in the higher judiciary (the High Courts in States and the Supreme Court of India), by 2015, it was referred to in hundreds of judgements and orders of the higher judiciary [3].

The revolutionary capacity of the Internet cannot be understated. It has played a critical part in displacing, creating and enhancing social structures and institutions – from the market, to ideas of community – and its potential still remains unexplored. The Internet has also unsettled legal systems around the world, because of its massive potential to create very new forms of social and legal relationships and paradigms which extant law was unequipped for. The dynamism of the Internet means that legislation and statutory law, being static and rigid, is inherently ill suited for the governance of the Internet, and much of this role is ultimately ceded to the judiciary. In a widely unregulated policy background, the role played by this institution in identifying and dealing with the peculiar nature of regulatory issues on the Internet – such as the central role of intermediaries, the challenges of intellectual property rights concerns, the conflicts of law between different jurisdictions, and the courts’ own role in being a regulator – is tremendously important. In this article, an attempt is made to weave a thread through judicial decisions as well as judicial obiter (or peripheral text) regarding the Internet, to explain how the judiciary has captured and defined the Internet and its capacities, potentials and actors, and what effects this has on the Internet and on society. Inter alia, this article examines how judicial disputes have shaped internet policy in India.

The Internet and the Role of the Courts

The relationship between the law and technology is reminiscent of the famous paradox posed by the greek philosopher Zeno – Achilles and a tortoise agree to race. The tortoise has a head start, and, by the logic of the paradox, Achilles is never able to catch up to him. Every time Achilles covers the distance between himself and the tortoise at any point, the tortoise has moved ahead some distance, which need to be covered once again. As Achilles covers that distance, the tortoise has once again moved a distance away, and so on, to infinite progression, proving that Achilles can never catch up to the tortoise [4].

The legal regulation of the Internet follows a similar path. The Internet was not an immediate concern for law and policy, which meant that its evolution was largely determined in a space free from centralized governmental regulation. By the time parliaments and courts began to understand the implications of Internet regulation, it was apparent that such regulation would be constrained by the very features of the Internet. The core feature of the Internet is decentralization of control, which is necessarily antithetical to creating a centralized legal regulation with. Moreover, the constant mutation in the function and use of the technology renders statutory law incredibly ineffective in being an adequate regulator. Even where legislatures determined a need to step in and draw special regulations for the Internet, they need to be either so broad or vague that they cede much of the regulatory space to interpreters – the courts – or be so specific that much of the regulation quickly becomes obsolete. Most importantly, the final authority to determine matters of constitutional import such as the content and scope of fundamental rights rests with the higher judiciary. In this scenario, the courts become the de facto policy makers for regulating technology. In light of our current political and social context, where the level of legislative debate on issues of public importance and constitutional import is negligible, the judiciary’s analysis of Internet regulation becomes even more important [5].

The judiciary is thus in a unique position to decide Internet policy and governance. The preliminary question is whether there is even a need to talk about the Internet as a special system with distinct policy concerns. The regulation of the Internet is certainly fundamental to the development of knowledge and education in societies, but do its unique features merit a departure from traditional law? The second and connected question is whether the law can actually play a role in determining how the Internet is shaped, i.e. how does technology respond to the law? The architecture of the system that defines the functionality of the Internet – like the TCP/IP protocol – has embodied certain values such as decentralization, autonomy, openness and privacy [6], which have to a large extent underlined the social and ethical implications of the Internet – the way it is used, the way it functions and the way it grows. These were the values explicitly introduced into the systems we use today to communicate and interact on the Internet [7]. However, there is no a priori, fixed nature of the Internet. The form the technologies that make up the Internet take, depend upon its architecture and its design, which are malleable, and to which laws contribute by incentivizing certain values and encumbering others. The legal regulation of the Internet, therefore critically affects the architecture of the system, and promotes and secures certain values.

Recognizing the effect of law upon the architecture of the Internet is critical to any balancing exercise that the judiciary has to conduct when it decides disputes about the Internet. The Internet is a unique public resource, in that its participants are (mostly) private actors pursuing a vareity of goals and interests. The values outlined above emerged in this context, where control was decetnralized and regulation depended to a large extent upon how these disparate parties act. However, the same values also disturb existing structures to control information for legitimate causes - such as protecting intellectual property rights or preventing hate speech. Adjudicating these values, often in the absence of any explicit social or political moral framework (with respect to lack of legislative or constitutional guidance on these values), the judicial responses end up as policy directions that shape the Internet. Seen outside a broader, progressive social context, which takes into account the impact of shaping technologies to reflect values, interests on the Internet are generally adjudicated and enforced as proprietary rights between private actors, which ultimately results in changing the dynamics and relative distribution of control over the technologies that make up the Internet. This proprietory conception of interests on the Internet is highly insular, and tends to undermine the intersts of the public as a stakeholder in the regulation of the Internet. This can play out in many ways – from regulation being overwhelmingly determined according to private interests like restricting new technologies in order to protect intellectual property; or with private actors imputed as the focal point of regulation, and therefore given massive control over the Internet. However, the courts can take a different approach to regulating the Internet. The judiciary, especially the Indian Supreme Court, has a generally activist trend, especially in environmental matters [8]. One of the most elegant principles invoked by the courts for the protection of the common environment, has been the public trust doctrine, which postulates that certain (environmental) resources exist for the public benefit and can only be eroded upon to ensure that they develop in the most beneficial way for the common resources [9]. A commons approach to the Internet would require a comprehensive evaluation of the roles played by different actors across different layers of the Internet and how to regulate them [10], but would be principally similar, in that rules of private property would be constrained by potential spillover effects on intellectual information resources.

As a prelude to examining the judicial analysis of the Internet, it is interesting to examine the judiciary’s own perception of its role in Internet regulation. Courts are constrained in their exercise of power by rules of jurisdiction, which become incredibly convoluted on the Internet. A broad assertion of state power over the net can potentially fragment it, which is an obvious problem. At the same time, state sovereignty and protection of the interests of its citizens and laws has to be balanced with the above concerns [11]. The judiciary in India first attempted to grapple with the problem by exercising ‘universal jurisdiction’ over all actions on the Internet, which allowed the Court to claim jurisdiction over a defendant as long as the website or service could be accessed from within its jurisdiction [12]. This broad-reaching standard was antithetical to the development of a harmonized, unfragmented Internet and created problems of jurisdictional and sovereign conflict. As the implications of such a direction became clear, the court evolved different standards for jurisdiction which were based on whether the Internet service had some connection with the territorial jurisdiction of the court in question. The judiciary began to develop caution in its approach towards exercising personal jurisdiction in Internet cases, first applying the ‘interactivity test’ and then the ‘specific targeting’ standards for questions of jurisdiction [13]. However, the judiciary continues to adhere to a ‘long-arm’ standard for copyright and trademark violations, which allows it to extend its jurisdiction extra-territorially under those laws, through rather specious analogies with pre-internet technologies. For example, in WWE v Reshma [14], the Court explicitly analogized sale of services or goods on the Internet with contracts concluded over the telephone. Although analogies provide a comfortable framework for analysis, they also shield important distinctions between technologies from legal analysis. Problems arising from Internet cases – where many actors across many jurisdictions are involved in varying degrees – are unique to Internet technologies and such analogies ignore these important distinctions. Morever, in all the above cases, the judiciary’s assertions of power over the Internet seems to be restricted only by pragmatic regulatory concerns (such as whether personal obedience of the defendant can be secured) and its evolving understanding of questions of jurisdiction are explicitly linked to changes in the use and perception of the Internet and an understanding of interactivity and communication on the Internet.

The Early Internet and Judicial Perceptions

The Internet crept into the judicial vocabulary in 1996; a year after public access was made available, when the Supreme Court first took cognizance of ‘Internet’ as a means of interlinking countries and gathering information instantaneously [15]. Several other cases in the High Courts also spoke of the ‘Information Highway’ [16] and the various services that companies were offering, which could be availed by individuals on the Internet [17]. This corresponded with the popular understanding of the ‘first wave’ of the Internet, mostly relating to business providing services and information to users on the World Wide Web or as a space for limited personal interaction (such as through email) [18].

Some of the earliest cases where the Courts had the opportunity to examine the nature of the Internet were related to Intellectual Property on the Internet, specifically trademark and copyright in the online world. The Domain Name System, which serve to identify devices accessible on the Internet, was one of the first regulatory challenges on the Internet. Domain name disputes were unprecedented in the analog world of intellectual property, since domain names were uniquely scarce goods due to the limitations of the DNS technology. In India, the Delhi High Court in the case of Yahoo v Akash Arora first took cognizance of regulatory challenges of the DNS system on the Internet, a space which it conceptualized as a large public network of computers, and held that domain names serve the same functions on the Internet as trademarks. This case saw the recognition of the Internet as a separate, regulable space, which the Court defined as “a global collection of computer networks linking millions of public and private computers around the world.” The Court recognized some of the core, democratic features of the Internet: “The Internet is now recognized as an international system, a communication medium that allows anyone from any part of the lobe with access to the Internet to freely exchange information and share data.” In this case, the Court upheld traditional trademark rights in the case of use of domain names. The Court’s first recognition of trademark on the Internet heralded the imputation of proprietary interests on the decentralized, shared network that was the Internet, and was a precursor to the many such cases, which mostly focused on private commercial concerns. Even as the Court understood the importance of the Internet commons, i.e. the information and architecture that makes up the Internet, it chose to ignore concerns of public interest in the openness of those commons, in its balancing of proprietary rights for trademark cases. The commercial significance of the Internet was echoed in the Rediff case, where the Bombay High Court opined that “Undoubtedly the Internet is one of the important features of the Information Revolution. It is increasingly used by commercial organisations to promote themselves and their product and in some cases to buy and sell” [19]. Moreover, in these early cases, the law of the analog age was applied wholesale to the Internet, without examining in-depth the possible differences in principle and approach, providing no precedent for the development of an ‘internet law’ [20]. Overly focussed on the proprietary nature of Internet interests, the conception of the Internet as a non-commercial space for collaboration at a decentralized or an individual level is absent from the judicial vocabulary at this stage.

Private Actors and Public Interest

The Internet permits decentralization in the hands of several private actors, which makes control of information over it so difficult. However, the information and technology that makes up the Internet are also highly centralized at certain nodal points, such as the services which provide the physical infrastructure of the Internet (like ISPs) or intermediaries which create platforms for distribution of information. Since the Internet has no centralized architecture to enable governmental control, these private intermediaries fall squarely in the crosshairs of regulatory concerns, specifically concerning their liability as facilitators of offensive or illegal content and actions. Facebook, Ebay, Twitter, Myspace, YouTube and Google are examples of private actors that have emerged as dominant service providers that host, index or otherwise facilitate access to user-generated content. Other forms of intermediaries, such as software like Napster or torrent databases like The Pirate Bay, are responsible for driving the growth of Internet-based technologies, like new modes of information sharing and communication. These services have emerged as the most important platform for sharing of information and free speech on the Internet. Most of the interaction and communication on the Internet takes place through these intermediaries and therefore they are in a position to control much of the speech that takes place online. The implications of regulating such actors are quite enormous, and its context is unique to the Internet. These private actors now control the bulk of the information that is shared online, and many of them have almost monopolistic control over certain unique forms of information sharing – think Google in the case of search engines. Developing an adequate regulatory mechanism for them is therefore critical to the future of the net. If the laws do not adequately protect their ability to host content without being liable for the same, it is likely that these actors will lean towards collateral censorship of speech beyond that which is prohibited by law, simply to protect against liability. Secondly, such liability would tend to disincentivise the creation of new platforms and services that increase access to knowledge, which have been integral to innovation on the Internet [21]. The issue of intermediary liability at this scale is unique to the Internet. The court has to adequately frame policy considerations which strike at the fundamental nature of the Internet, such as intellectual property and access to information. At the same time, concerns about legal accountability need to also be addressed. The approach that courts have taken towards the role of intermediaries is therefore critical towards any examination of Internet regulation [22].

In India, the first court to explicitly examine the public importance in issues of online intermediary liability was in the context of regulation of pornography, specifically child pornography, which has been a mainstay of regulatory concerns on the Internet. The case prompted legislative action in the form of creating rules to secure intermediary immunity. In this case the Court imputed liability for the listings of certain offensive content upon the owners of the website, Bazzee.com. Hard cases make bad law, and the same was true of this case. Referring to the challenges of regulating content on the Internet, due to the inability of methods to screen and filter such content, the Court held that intermediaries must be strictly liable for all offensive content on their site. The Court held that:

The proliferation of the internet and the possibility of a widespread use through instant transmission of pornographic material, calls for a strict standard having to be insisted upon. Owners or operators of websites that offer space for listings might have to employ content filters if they want to prove that they did not knowingly permit the use of their website for sale of pornographic material…even if for some reason the filters fail, the presumption that the owner of the website had the knowledge that the product being offered for sale was obscene would get attracted.

Intermediaries, therefore, were imputed with the liability of controlling ‘obscene’ speech – a vague and over-broad standard which did not account for the realities of online speech [23]. The above analysis reflects the judiciary’s refusal to take into account the technical concerns on the Internet which ultimately shape its architecture – and the limitations of the judiciary in reflecting upon their own role in policy making on the internet. Ultimately, the decision was overturned by a legislative act, which invoked different standards of liability for intermediaries.

In Consim Info Pvt. Ltd vs Google India Pvt. Ltd [24], the Madras High Court considered “Keyword Advertising” and the liability of search engines and competitors for ‘meta-tags’ that resulted in search engine results which may divert a trademark holder’s traffic. Google’s AdWord programme, which allows purchase of certain ‘keywords’ for the search engine results, and can potentially enable certain forms of trademark infringement, was at issue [25]. Trademarks as AdWords or search terms fulfil and important social utility of information access [26]. However, the Court’s reasoning was conspicuously missing an analysis of the public interest in protecting and promoting search engines, which were important concerns taken into account when these issues were deliberated in other forums [27]. The Court saw this dispute only taking into account private property interests and not public interest considerations, such as the general public benefit of technology which enables new forms of searching and indexing. In fact, an argument by the defendant based on the fundamental right to free (commercial) speech was raised and ignored by the court. The Court therefore ignored the public importance of search engines in favour of protecting proprietary interests which arose in a different context.

Copyright law also has tremendous implications on the Internet. As the Internet became the primary mode for the distribution of different kinds of information and creative content, the very ease of sharing that contributed to its popularity made it prone to violations of copyright, and this created a conflict between the interests of traditional rights holders and the development of the Internet as a means of better sharing of information and knowledge. The problem of holding intermediaries liable for conduct has been compounded in cases where the Court ordered ex-parte ‘John Doe’ orders against unknown defendants likely to be infringing copyright, and imputed the liability for removal of such content on the intermediaries or ISP’s, effectively issuing wide blocking orders without considering their implications or even providing a fair hearing [28]. In RK Productions [29], for instance, when holding that ISPs could be liable for failure to follow blocking orders against infringing content, the Madras High Court described the role of ISPs, such as Airtel and VSNL, as “vessels for others to use their services to infringe third party works.” Once again, the court took a particularly pessimistic view of the Internet’s capabilities, limiting its analysis to the ISP’s function in facilitating infringement and holding that “Without the ISPs, no person would be in a position to access the pirated contents nor would the unknown persons be in a position to upload the pirated version of the film.” In Myspace, the Delhi High Court held that no different standard for secondary infringement (by intermediaries) applied on the Internet, and imputed the same standard as in the 1957 Copyright Act. (In fact, it explicitly compared Myspace to brick and mortar shops selling infringing DVD’s or CD’s) [30]. The Court held that the principles of immunity under the IT Act were overridden by the provisions of the Copyright Act, and then went on to impute a strict standard for intermediaries seeking safe harbor for infringing material, including, inexplicably, that provision of some means to tackle infringement would be sufficient proof of knowledge of actual infringement, and therefore implicating mere passive platforms as infringers. Further, the Court expressly rejected a post-hoc solution for the same, and held that the intermediaries must ensure prior restraint of infringing works to escape liability. The claims that arise in cases of infringement of intellectual property on the Internet, specifically in the liability of intermediaries, are unique, and have unique implications. The inability or refusal of the judiciary to identify claims of freedom of speech and freedom of information of the larger public within the internet commons, in response to broad censorship orders for preventing infringement means that implicitly, policy takes a direction that favours private interests.

An analysis of the above cases shows that important implications of intermediary liability such as the effect on the public’s access to information and the freedom of speech in the context of the Internet did not play a role in the Courts decisions. In particular, the examination of cases above shows that private disputes are now at the forefront of issues of public importance. The Courts have unfortunately taken an insular view of these disputes, adjudicating them as inter-party, without considering the public function that private players on the Internet provide, and how their decisions should factor in these considerations.

However, the recent case of Shreya Singhal v Union of India [31], decided by the Supreme Court this March, hopefully announces a departure from this insular examination of the Internet towards a constitutional analysis, where framing an appropriate public policy for the Internet is at the forefront of the Court’s analysis.

Shreya Singhal and Constitutionalizing the Internet

In March, 2015, the Supreme Court of India struck down the notoriously abused Section 66A of the Information Technology Act, which criminalized certain classes of speech, and hopefully heralded a new phase of Internet jurisprudence in India, which imports constitutionalism into matters of cyberspace. Section 66A, premised on the pervasiveness of the Internet, criminalized online speech on vague grounds such as ‘grossly offensive’ or ‘menacing’. The Court’s examination of the nature of the Internet is particularly important. While dismissing a challenge that speech on the Internet should not be treated as distinct from other speech, the Supreme Court opined that “the internet gives any individual a platform which requires very little or no payment through which to air his views”, and by this reasoning concluded that to a limited extent, specific offences could be drawn for online speech. However, this understanding of the features of the Internet – the democratization of knowledge sharing by making it cheap and expansive, was implicit throughout the Court’s judgement, which upheld the idea of the Internet as a ‘marketplace of ideas’ and a space for free and democratic exchange, and struck down the impugned restrictive provisions as unconstitutional, in part because of their vagueness and likelihood to censor legitimate speech, bearing no relation to the constitutional restrictions on free speech under Article 19(2). Moreover, the Court understood the importance of collateral censorship and intermediary safe harbor, although only briefly examined, and read down expansive intermediary liability terms under the IT Rules to include prior judicial review of takedown notices [32].

Hopefully, the Shreya Singhal judgement marks the beginning of constitutional engagement of the judiciary with the Internet. At this moment itself, the Supreme Court is grappling with questions of limitations of online pornography [33]; search engine liability for hate speech [34]; intermediary liability for defamation [35]; and liability for mass surveillance. How the Supreme Court takes cognizance of these cases, how they ultimately proceed, and how they take into account the principles sounded by the Shreya Singhal court, will have a tremendous impact on the internet and society in India.

Conclusion

This article was an attempt to study the Internet in India, and look at the relationship between the judiciary and the Internet. But ‘the Internet’ is not some fixed, immutable space, and any study has to take this into account. The function of the Internet depends upon the values built in to it. These values can be in favor of free speech, or enable censorship. They can protect privacy, or enable mass surveillance. The growth of the Internet as a medium of free speech and expression has been fuelled to a large extent in the spaces free of legal regulation, but the law is perhaps the most important regulator of the Internet, in its ability to use state power to create incentives for certain values, and to change the nature of the Internet. This study, therefore, charted the dynamic relationship between judicial law and other factors responsible for the regulation of the Internet.

For a technology which is so pervasive in our daily lives, and growing in importance day by day, it is surprising that the Supreme Court of India has only recently taken cognizance of constitutional issues on the Internet. While important internet-specific issues have arisen in disputes before the judiciary, judicial examination has generally ignored technical nuances of the new technology, and furthermore ignored the wider implications of framing Internet policy by applying rules that applied in other contexts, such as for copyright or trademark. Without a clear articulation of political and moral bases to guide Internet policy, a clear policy-driven approach to the Internet remains absent, and the regulatory space has been captured by fragmented interest groups without an assessment of larger interests in maintaining the Internet commons, such as allowing peer-based production and sharing of information.

There is, however, reason to be optimistic about the courts and the Internet. The Supreme Courts reaffirmation and identification of the freedom of speech on the Internet in Shreya Singhal, will, hopefully, resonate in the policy decisions of both the courts and legislators, and the internet can be reformulated as a space deserving constitutional scrutiny and protection.

References

[1] VSNL Starts India's First Internet Service Today, The Indian Technomist, (14th August, 1995), available at http://dxm.org/techonomist/news/vsnlnow.html.

[2] Internet Statistics by Country, International Telecommunication Union, available at http://www.itu.int/en/ITU-D/Statistics/Pages/stat/default.aspx.

[3] Source: http://manupatra.com/.

[4] Nick Huggett, Zeno's Paradoxes, The Stanford Encyclopedia of Philosophy, Edward N. Zalta (ed.), available at http://plato.stanford.edu/archives/win2010/entries/paradox-zeno/.

[5] See: http://indianexpress.com/article/india/india-others/a-little-reminder-no-one-in-house-debated-section-66a-congress-brought-it-and-bjp-backed-it/; Publicly available records of Lok Sabha debates also show no mention of this controversial law.

[6] I take values to mean certain desirable goals and methods, which could be both intrinsically good to pursue and whose pursuit allows other instrumental goods to be achieved. See Michael J. Zimmerman, Intrinsic vs. Extrinsic Value, The Stanford Encyclopedia of Philosophy, Edward N. Zalta (ed.), available at http://plato.stanford.edu/archives/spr2015/entries/value-intrinsic-extrinsic/.

[7] Hellen Nissenbaum, How Computer Systems Embody Values, Computer Magazine, 118, (March 2001), available at https://www.nyu.edu/projects/nissenbaum/papers/embodyvalues.pdf.

[8] S.P. Sathe, Judicial Activism: The Indian Experience, 6 Washington University Journal of Law & Policy, 29, (2001).

[9] M.C. Mehta v. Kamal Nath and Ors., 2000(5) SCALE 69.

[10] Yochai Benkler, From Consumers to Users: Shifting the Deeper Structures of Regulation Toward Sustainable Commons and User Access, 52(3) Federal Communications Law Journal, 561, (2000).

[11] Thomas Shultz, Carving up the Internet: Jurisdiction, Legal Orders, and the Private/Public International Law Interface, 19(4) European Journal Of International Law, 799, (2008); Wendy A. Adams, Intellectual Property Infringement in Global Networks: The Implications of Protection Ahead of the Curve, 10 Int’l J.L. & Info. Tech, 71, (2002).

[12] Casio India Co. Limited v. Ashita Tele Systems Pvt. Limited, 2003 (27) P.T.C. 265 (Del.) (India).

[13] Banyan Tree Holding (P) Ltd. v. A. Murali Krishna Reddy & Anr., CS(OS) 894/2008.

[14] World Wrestling Entertainment v. Reshma Collection (FAO (OS) 506/2013 (Delhi).

[15] Dr. Ashok v. Union of India and Ors., AIR 1997 SC 2298.

[16] Rajan Johnsonbhai Christy vs State Of Gujarat, (1997) 2 GLR 1077.

[17] Union Of India And Ors. Vs. Motion Picture Association And Ors, 1999 (3) SCR 875; Yahoo!, Inc. vs Akash Arora & Anr., 1999 IIAD Delhi 229 – “The Internet provides information about various corporations, products as also on various subjects like educational, entertainment, commercial, government activities and services.”

[18] Yochai Benkler, The Wealth of Networks.

[19] Rediff Communication Limited vs Cyberbooth & Another, 1999 (4) Bom CR 278.

[20] Even when the Supreme Court finally recognized these concerns a few years later, when the Internet had morphed into a massive commercial platform and an important forum for free speech, in the Satyam Infotech case (2004(3)AWC 2366 SC), it discussed the unique problem of domain name identifiers and scarcity of domain names, yet went on to hold that an even higher standard of passing off for trademarks should apply in domain names, disregarding the prior standard of an ‘honest concurrent user’.

[21] Jack Balkin, The Future of Free Expression in a Digital Age, 36 Pepperdine Law Review, (2008)

[22] Id.

[23] Avnish Bajaj v. State (NCT of Delhi), 3 Comp. L.J. 364 (2005).

[24] 2013 (54) PTC 578 (Mad)

[25] The judgement also reveals the predominance of Google’s search engine service. The Court defines the operation of “search engines” as synonymous with Google’s particular service – including adding elements like the ‘I’m Feeling Lucky’ option as defining elements of search engines.

[26] David J. Franklyn & David A. Hyman, Trademarks As Search Engine Keywords: Much Ado About Something?, 26(2) Harvard Journal of Law and Technology, 540, (2013).

[27] Id.

[28] Reliance Big Entertainment v. Multivision Network and Ors, Delhi High Court, available at http://cis-india.org/internet-governance/resources/john-doe-order-reliance-entertainment-v-multivision-network-and-ors.-movie-singham; Sagarika Music Pvt. Ltd. v. Dishnet Wireless Ltd., C.S. No. 23/2012, G.A. No. 187/2012 (Calcutta High Court Jan. 27, 2012) (order); See Generally, Ananth Padmanabhan, Give Me My Space and Take Down His, 9 Indian Journal of Law and Technology, (2013).

[29] R.K. Productions v. BSNL Ltd and Ors. O.A.No.230 of 2012, Madras High Court.

[30] Super Cassetes Industries Ltd. v. Myspace Inc. and Anr., 2011 (47) P.T.C. 49 (Del.)

[31] Shreya Singhal and Ors. V Union of India and Ors., W.P.(Crl).No. 167 of 2012, Supreme Court, (2015).

[32] The courts refusal to address important questions of intermediary responsibility has also been criticized, see Jyoti Pandey, The Supreme Court Judgment in Shreya Singhal and What It Does for Intermediary Liability in India?, Centre for Internet and Society, available at http://cis-india.org/internet-governance/blog/sc-judgment-in-shreya-singhal-what-it-means-for-intermediary-liability.

[33] See: http://sflc.in/kamlesh-vaswani-v-uoi-w-p-c-no-177-of-2103/.

[34] See: http://cis-india.org/internet-governance/blog/search-engine-and-prenatal-sex-determination.

[35] See: https://indiancaselaws.wordpress.com/2013/10/23/google-india-pvt-ltd-vs-visaka-industries-limited/.

The post is published under Creative Commons Attribution 4.0 International license, and copyright is retained by the author.

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August 2015 Bulletin

praskrishna — 2015-10-27T00:25:02Z

We are happy to share with you the eighth issue of the Centre for Internet and Society (CIS) newsletter (August 2015). The past editions of the newsletter can be accessed at http://cis-india.org/about/newsletters.

Highlights

Researchers at Work programme has published a book titled Digital Activism in Asia Reader exploring in detail digital activism in Asia. The Reader was edited by Nishant Shah, P.P. Sneha, and Sumandro Chattapadhyay with support from Anirudh Sridhar, Denisse Albornoz, and Verena Getahun. The pre-publication drafts of two sections written by Sumandro Chattapadhyay for the third volume (2000-2010) of the Asia Internet History series edited by Prof. Kilnam Chon have been posted for open-review process. As part of the 'Studying Internets in India' series, RAW published blog entries on Governing Speech on the Internet and Mock-Calling - Ironies of Outsourcing and the Aspirations of an Individual. NVDA team conducted a workshop at Jeevan Jyoti School for the Blind, Varanasi from August 26 to 28, 2015. Eighty five students and 13 teachers took part in the training programme. NVDA team had conducted another workshop earlier in Nashik. The workshop was conducted in June. A batch of 17 Special Educators and teachers of the blind attended the workshop. Maggie Huang, Arpita Sengupta and Paavni Anand as part of the Pervasive Technologies project co-authored a research paper that seeks to compare the publicly available information on the websites of music collective management organizations ("CMOs") operating within India, the United States, and the United Kingdom. Amulya Purushothama, Nehaa Chaudhari and Varun Baliga in a blog entry have delved into the question of what the mandate of the Sectoral Innovation Council is, what its activities are, and what vision for IPR development in India has it put forth. An RTI Application has been filed by CIS to attain information on these issues. In a blog post, Amulya Purushothama announced our new MHRD IPR Chair Series and has charted the sequence of events, starting from the establishment of MHRD IPR Chairs, to discussions surrounding their purpose and functioning, to concerns surrounding the lack of information about the IPR Chairs, the first round of RTIs that CIS had filed in regard to this and the responses it solicited. Subhashish Panigrahi interviewed Prateek Pattanaik. Prateek has not just digitized as many as 54 Odia-language poetry dating early 18th century but has also annotated, both poetic and prosaic translation in his blogs "Sri Jagannatha" and "Utkal Sangeet". He has also published a complete book "Kisora chandranana champu" on Odia Wikisource. A recent entrant into the Odia Wikimedia community, Prateek is also the youngest Odia Wikimedian. Rohan George and Elonnai Hickok in a blog post analyzed consent, big data and data protection that examines in detail why the principle of consent is providing us increasingly less of an aegis in protecting our data. Elonnai Hickok, Vipul Kharbanda and Vanya Rakesh on behalf of CIS submitted a clause-by-clause comments on the Human DNA Profiling Bill that was circulated by the Department of Biotechnology on June 9, 2015. Sunil Abraham, Elonnai Hickok and Tarun Krishnakumar co-authored an article titled Security: Privacy, Transparency and Technology. The article was published by Observer Research Foundation, Digital Debates 2015: CyFy Journal Volume 2. Elonnai Hickok in a blog post titled A Review of the Policy Debate around Big Data and Internet of Things has done an analysis as to how regulators and experts across jurisdictions are reacting to Big Data and Internet of Things. The Supreme Court of India has deemed it fit to refer the question of the very existence of a fundamental right to privacy to a Constitution Bench to finally decide the matter, and define the contours of such right if it does exist. Vipul Kharbanda analyses this in a blog entry. Experts and regulators across jurisdictions are examining the impact of Big Data practices on traditional data protection standards and principles. This will be a useful and pertinent exercise for India to undertake as the government and the private and public sectors begin to incorporate and rely on the use of Big Data in decision making processes and organizational operations. Elonnai Hickok has provided an initial evaluation of how Big Data could impact India's current data protection standards. Elonnai Hickok has provided a comparison of Human DNA Profiling Bill 2012 vs. the Human DNA Profiling Bill 2015, CIS's main recommendations vs. the 2015 Bill, Sub-Committee Recommendations vs. the 2015 Bill, and the Expert Committee Recommendations vs. the 2015 Bill. CIS submitted its comments to the non-paper on the UNGA Overall Review of the Implementation of the WSIS outcomes, evaluating the progress made and challenges ahead. In a policy brief, Vipul Kharbanda has analyzed the different laws regulating surveillance at the state and central level in India and calls out ways in which the provisions are unharmonized. The brief then provides recommendations for the harmonization of surveillance law in India. Hardnews interviewed Sunil Abraham about the future of the internet in India. The article was published in their August edition. Shyam Ponappa in an Op-ed published by Business Standard has given an analysis on the reasons of the number of dropped calls on our mobile phones.

Accessibility and Inclusion

Under a grant from the Hans Foundation we are doing a project on developing text-to-speech software for 15 Indian languages. The progress made so far in the project can be accessed here. The project on creating a national resource kit of state-wise laws, policies and programmes on issues relating to persons with disabilities in India got over and the compilation has been printed.

NVDA and eSpeak

Monthly Updates

August 2015 Report (Suman Dogra; July 31, 2015).

Event Reports

Training in eSpeak Marathi (Organized by NVDA team; National Association for the Blind; Nashik; June 22 - 23, 2015). The workshop was held in the month of June but the report got published later in August.
Training in eSpeak Hindi (Organized by NVDA team; Jeevan Jyoti School for the Blind; Varanasi; August 26 - 28, 2015).

Access to Knowledge

Pervasive Technologies

Blog Entries

Methodology: Patent Landscaping in the Indian Mobile Device Market (Rohini Lakshané; November 10, 2014). This blog post published last year has been recently updated.
Comparative Transparency Review of Collective Management Organisations in India, United Kingdom and the United States (Maggie Huang, Arpita Sengupta and Paavni Anand; August 1, 2015).

Other (Copyright and Patent)

Blog Entries

CCI Participation at the Upcoming 3rd International Conference on IPR and Competition (Amulya Purushothama; August 5, 2015). CIS wrote to the Competition Commission of India Chairman on August 5, 2015 about participation at a conference organised by Ericsson and concerns regarding conflict of interest. We also had several other NGOs sign on to the letter.
MHRD IPR Chair Series: Introduction (Amulya Purushothama; August 10, 2015). Aditya Garg assisted in research and writing.
National IPR Policy Series: What Have the Sectoral Innovation Councils Been Doing on IPR (Nehaa Chaudhari and Varun Baliga; August 13, 2015). Amulya Purushothama assisted with research and writing.

Media Coverage

Competition Commission of India chariman's participation in Assocham conference raises conflict of interests (Rema Nagarajan; The Times of India; August 6, 2015).
Assocham event sparks row over conflict of interest by CCI (Dilasha Seth and Deepak Patel; Business Standard; August 6, 2015).

Wikipedia

Blog Entry

Odia Wikisource has a new Wikisourcer, and he is the youngest in the Odia Wikimedia community! (Subhashish Panigrahi; August 21, 2015).

Events Co-organized

Annamaya Library edit-a-thon (Organized by CIS-A2K and Telugu Wikipedia Community; August 6, 2015; Andhra Loyola College; Vijaywada).
International Workshop on Digitization and Archiving (Organized by CIS-A2K and Wikipedia Community; August 19 - 21, 2015). Rahmanuddin Shaik was one of the trainers.

FOSS

Participation in Events

Workshop on digital collaborations in Tamil-language, Tamil Virtual Chennai (Organized by Tamil Virtual University, Anna University Campus, Chennai; August 8 - 9, 2015). Dr. U.B. Pavanaja atttended this event.
Open Innovation, entrepreneurship, and our digital future (Organized by iSpirit; Bangalore; August 13, 2015). Rohini Lakshané attended the event. Rohini wrote a report on this .

Media Coverage

CIS gave its inputs to the following:

Telugu Wikipedia Edit-a-thon at ALC (Eenadu; August 6, 2015)
Telugu Wiki Edit-a-thon in ALC (Eenadu; August 6, 2015)
Rare Telugu religious and historical work preserved at Annamacharya library to come on Wikisource! (The Hans India; August 7, 2015).
ಗ್ರಾಮೀಣ ಪ್ರದೇಶದ ಆರ್ಥಿಕ ಪ್ರಗತಿಯಿಂದ ದೇಶದ ಆರ್ಥಿಕ ಪ್ರಗತಿ ಸಾಧ್ಯವಾಗುತ್ತದೆ. (Mangalorean.com; August 13, 2015).
ವಿಕಿಪಿಡಿಯ ಮುಕ್ತವಾಗಿ ಬಳಸಿ: ಡಾ.ಪವನಜ (Karavali Karnataka; August 14, 2015).
ಬೆಳ್ತಂಗಡಿ:ಎಲ್ಲಾ ಕಾಲಕ್ಕೂ ಲಭ್ಯ ಇರುವ ಸ್ವತಂತ್ರ ಹಾಗೂ ಮುಕ್ತ ವಿಶ್ವಕೋಶ ವಿಕಿಪೀಡಿಯಾ-ಪವನಜ (SahilOnline; August 14, 2015).
Talamaddale on August 23 (Hindu; August 16, 2015).

Internet Governance

Privacy

Article

Security: Privacy, Transparency and Technology (Sunil Abraham, Elonnai Hickok and Tarun Krishnakumar; Observer Research Foundation, Digital Debates 2015: CyFy Journal Volume 2 ; August 19, 2015).

Submission

CIS Comments and Recommendations to the Human DNA Profiling Bill, June 2015 (Elonnai Hickok, Vipul Kharbanda and Vanya Rakesh; August 27, 2015).

Blog Entries

Policy Paper on Surveillance in India (Vipul Kharbanda; August 3, 2015).
Comparison of the Human DNA Profiling Bill 2012 with: CIS recommendations, Sub-Committee Recommendations, Expert Committee Recommendations, and the Human DNA Profiling Bill 2015 (Elonnai Hickok; August 10, 2015).
Right to Privacy in Peril (Vipul Kharbanda; August 13, 2015).
Responsible Data Forum: Discussion on the Risks and Mitigations of releasing Data (Vanya Rakesh; August 26, 2015).
Are we Throwing our Data Protection Regimes under the Bus? (Elonnai Hickok and Rohan George; August 29, 2015).
Supreme Court Order is a Good Start, but is Seeding Necessary? (Elonnai Hickok and Rohan George; August 29, 2015).

Big Data

Blog Entries

Big Data and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011 (Elonnai Hickok; August 11, 2015).
A Review of the Policy Debate around Big Data and Internet of Things (Elonnai Hickok; August 17, 2015).

Participation in Event

The Changing Landscape of ICT Governance and Practice - Convergence and Big Data (Co-organized by Innovation Center for Big Data and Digital Convergence, Yuan Ze University, Taiwan; August 24 - 25, 2015). Sharat Chandra Ram was granted the Young Scholar Award 2015 to attend theYoung Scholar Workshop followed by main CPRSouth2015 conference (Communication Policy Research South) conference.

Free Speech and Expression

Submission

CIS submission to the UNGA WSIS+10 Review (Jyoti Panday; August 9, 2015),

Cyber Security

Upcoming Event

Bangalore Chapter Meet of DSCI (Co-organized by DSCI and CIS; September 26, 2015). Melissa Hathaway, Commissioner, Global Commission for Internet Governance and Sunil Abraham will be speaking at this event.

Telecom

Op-ed

Those Dropped Calls (Shyam Ponappa; Business Standard; August 5, 2015 and Organizing India Blogspot; August 6, 2015).

Researchers at Work

Books

Digital Activism in Asia Reader (edited by Nishant Shah, P.P. Sneha, and Sumandro Chattapadhyay, with support from Anirudh Sridhar, Denisse Albornoz, and Verena Getahun; August 8, 2015).

Books Chapters

Civil Society Organisations and Internet Governance in Asia - Open Review (Sumandro Chattapadhyay; Asia Internet History Vol. 3, edited by Prof. Kilnam Chon). Comments are invited.
Civil Society Organisations and Internet Governance in India - Open Review (Sumandro Chattapadhyay; Asia Internet History Vol. 3, edited by Prof. Kilnam Chon). Comments are invited.

Accepted Paper Abstract

Studying the Emerging Database State in India: Notes for Critical Data Studies (Sumandro Chattapadhyay; August 2, 2015). The paper has been provisionally accepted.

Blog Entries

Mock-Calling - Ironies of Outsourcing and the Aspirations of an Individual (Sreedeep; August 6, 2015).
Governing Speech on the Internet: From the Free Marketplace Policy to a Controlled 'Public Sphere' (Smarika Kumar; August 28, 2015).

News & Media Coverage

CIS gave its inputs to the following media coverage:

Why the DNA Bill is open to misuse: Sunil Abraham (Kanika Datta; Business Standard; August 1, 2015)
Porn ban: People will soon learn to circumvent ISPs and govt orders, expert says (Karthikeyan Hemalatha; The Times of India; August 2, 2015).
Indian government orders ISPs to block 857 porn websites (John Ribeiro; IDG News and PC World; August 2, 2015)
India blocks access to 857 porn sites (BBC; August 3, 2015).
India launches crackdown on online porn (James Crabtree; Financial Times; August 3, 2015).
Proxies and VPNs: Why govt can't ban porn websites? (Siladitya Ray; August 3, 2015; Hindustan Times)
Nanny state rules porn bad for you (Anahita Mukherji; The Times of India; August 4, 2015).
Ban on pornography temporary, says government (Business Standard; August 4, 2015)
Porn block in India sparks outrage (Australian; August 5, 2015).
Indian Porn Ban is Partially Lifted But Sites Remain Blocked (Sean Mclain; Wall Street Journal; August 5, 2015)
Genetic Profiling: Is it all in the DNA? (Ullekh N.P.; The Open Magazine; August 7, 2015)
India partially lifts Porn Ban? (Nazhat Khan; DESI blitz; August 7, 2015)
Net Neutrality: India is a Key Battleground (Abeer Kapoor; Hardnews; August 10, 2015)
Stats from 2014 reveal horror of scrapped section 66A of IT Act (Aloke Tikku; Hindustan Times; August 20, 2015).
The seedy underbelly of revenge porn (Sandhya Soman; The Times of India; August 23, 2015).
The new tattler in town (P. Anima; Hindu Businessline; August 28, 2015).

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Governing Speech on the Internet: From the Free Marketplace Policy to a Controlled 'Public Sphere'

Smarika Kumar — 2015-08-28T05:57:55Z

This post by Smarika Kumar is part of the 'Studying Internets in India' series. Smarika is a consultant with Alternative Law Forum, Bangalore. She is interested in issues concerning law and technology. In this essay, Smarika explores how through the use of policy and regulation, the private marketplace of the internet is sought to be reined in and reconciled to the public sphere, which is mostly represented through legislations governing the internet.

Introduction

The internet is widely thought to be unprecedented and radically different from the media which preceded it. Interestingly, the internet has been unlike other media, in that it does not have a history of being monopolised by governments. True, certain States have tried to regulate the internet in a manner which allows them to exercise an increased control over it, some others have a greater control over the internet root given the history of development of the internet, but nevertheless no one State can be said to “own” the internet in any jurisdiction, in the manner of telephone or broadcast monopolies. Internet as it stands now, at its essence, is a largely private of networks connecting privately-owned, and occasionally publicly-funded platforms.

This feature of the internet poses an interesting problem when one tries to think about speech. In law and policymaking, an important question remains: Should internet be treated as the marketplace of privately managed avenues for speech, or should speech on the internet be treated within the bigger concept of the public sphere? Moreover, how are law and policy in India currently disposed towards speech on the internet? In the present essay, I hope to discuss some of these issues by looking at the judgement in Shreya Singhal v. Union of India [1], which was pronounced by the Supreme Court of India in March 2015. The judgement is most widely recognised as a culmination of several challenges to Section 66A of the Information Technology Act, 2000 which criminalised a wide range of speech on the internet on the grounds of very broad terms like “grossly offensive”, “causing annoyance” and “inconvenience, danger, and obstruction.” Section 66A was challenged along with Sections 69A and 79 of the Act, which lay down the rules for blocking of content on the internet, and for intermediary liability and responsibility to take down internet content, respectively. This challenge was made on grounds of being in violation of the Right to Freedom of Speech and Expression and Right to Equality guaranteed by the Constitution of India among others. However, while the judgement struck down Section 66A as unconstitutional, it upheld the constitutionality of the State-directed Internet blocking Rules as well as Intermediary Liability Guidelines. This may pose a paradox if one accounts for the fact that at the heart of it, all—Section 66A, Section 69A and Section 79, were actually legislations regulating speech. Then why strike one down and uphold others? To seek an answer in the present essay, I broadly look at the philosophical origins of regulation of speech on the internet. Two theories in philosophy—John Stuart Mill’s The Marketplace of Ideas and Jurgen Habermas’ Public Sphere have been very influential in liberal democratic traditions and jurisdictions in thinking about the governance of speech. Scholarly work concerning media law in other jurisdictions has also elaborated on how each of these theories can be implicitly used differently in judicial interpretations to serve different ends [2]. In this, the Marketplace of Ideas approach tends to treat speech and platforms for speech as part of the competition within a market context, whereby different kinds of ideas or speech compete with each other to find an avenue for expression. The Public Sphere approach on the other hand, treats different kinds of speech as part of a larger democratic concept of discussion and speech, whereby the aspiration is for representation of diverse kinds and sources of speech, rather than competition between them.

With the utilisation of these different underlying philosophical assumptions, legal implications can be so vastly different. And when that happens, it becomes essential to trace the process of how these philosophical approaches themselves work in legal argumentation. For these reasons, it becomes critical to probe the thinking in Shreya Singhal judgement to understand which philosophical attitude to speech it actually inheres: the Marketplace of Ideas conception, or the Public Sphere approach? I argue in this essay that while traces of both the Marketplace of Ideas and the Public Sphere approach are present in Shreya Singhal, neither of these philosophies actually govern the rationale of the judgement. An analysis of Shreya Singhal along with the judgement in Cricket Association of Bengal (1995) [3] which it refers to, shows that it is in fact, a third philosophy, rooted in the impulse of colonial control, which gives Shreya Singhal its philosophical consistency.

The Marketplace of Ideas in Shreya Singhal

The judgement in Shreya Singhal actually employs the idea of the marketplace in its approach to discuss the implications of Section 66A. It begins by referring to the 2010 Supreme Court judgement of S. Khushboo v. Kanniamal and Anr [4] which had spoken about the concept of the marketplace of ideas, and how employing it is essential to safeguard “unpopular speech” under the Right to Freedom of Speech and Expression in the Article 19(1)(a) of the Constitution of India. The Court marks out this reference to the marketplace of ideas, tracing this concept back to the 1919 American judgement of Abrams v. United States [5]. The Supreme Court states, talking about the Khushboo case:

This last judgement is important in that it refers to the “market place of ideas” concept that has permeated American Law. This was put in the felicitous words of Justice Holmes in his famous dissent in Abrams v. United States, 250 US 616 (1919), thus: “But when men have realized that time has upset many fighting faiths, they may come to believe even more than they believe the very foundations of their own conduct that the ultimate good desired is better reached by free trade in ideas-that the best test of truth is the power of thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes safely can be carried out. That at any rate is the theory of our Constitution.” (para 11)

The Supreme Court judgement goes onto trace the history of Marketplace of Ideas in American jurisprudence, and understand its place within the Indian Constitution. The Court holds:

This leads us to a discussion of what is the content of the expression “freedom of speech and expression”. There are three concepts which are fundamental in understanding the reach of this most basic of human rights. The first is discussion, the second is advocacy, and the third is incitement. Mere discussion or even advocacy of a particular cause howsoever unpopular is at the heart of Article 19(1)(a). It is only when such discussion or advocacy reaches the level of incitement that Article 19(2) kicks in. (para 13)

The Marketplace of Ideas then becomes the philosophical tenet which pivots the judgement around its unique jurisprudential concept: the distinction between discussion, advocacy and incitement. This conception of the marketplace holds that State interference in speech on the internet has to be kept off as long as the condition of such speech being incitement is not fulfilled. In a way, this is a hands-off approach to the governance of speech which is solidified in the Court’s declaration of the unconstitutionality of Section 66A. The Court refers to the American judgement of Reno, Attorney General of United States v. American Civil Liberties Union [6] to bring this logic to speech on the internet as well. Citing the district court judgement in this case, it holds:

[I]t is no exaggeration to conclude that the Internet has achieved, and continues to achieve, the most participatory marketplace of mass speech that this country – and indeed the world – as yet seen. The plaintiffs in these actions correctly describe the ‘democratizing’ effects of Internet communication: individual citizens of limited means can speak to a worldwide audience on issues of concern to them. Federalists and Anti-federalists may debate the structure of their government nightly, but these debates occur in newsgroups or chat rooms rather than in pamphlets. Modern-day Luthers still post their theses, but to electronic bulletins boards rather than the door of the Wittenberg Schlosskirche. More mundane (but from a constitutional perspective, equally important) dialogue occurs between aspiring artists, or French cooks, or dog lovers, or fly fishermen. 929 F. Supp. At 881. (at page 425) (para 60)

Shreya Singhal’s striking down of 66A then becomes founded in the idea that the State need not interfere in what kind of speech is made in the marketplace of the internet, as long as such speech does not amount to incitement. In a particular sphere of speech which is “not incitement” then, the logic of the Marketplace of Ideas approach seems to work in the Shreya Singhal judgement.

Recognition of the Limitations of the Marketplace of Ideas and a Move towards Public Sphere

One would then surmise that the use of the Marketplace of Ideas approach is what makes Shreya Singhal such a pro-freedom of speech pronouncement. But interestingly, the judgement also cites the matter of The Secretary, Ministry of Information & Broadcasting v. Cricket Association of Bengal and Anr [3] which has been remarkable for outlining the limitations of the marketplace in the governance and production of a diversity of opinions and sources in speech. The Cricket Association of Bengal case was brought forth before the Supreme Court in 1995, after the liberalisation regime in media, to challenge the constitutionality of preventing a private broadcaster to use Indian airwaves in order to exclusively broadcast a cricket match.

The Court, while holding that there was no such exclusive right inhering in a private broadcaster since airwaves had to be allocated and used in public interest, also held that the limitations on a private broadcaster’s right to broadcast also could not extend beyond Article 19(2). In doing so, the Court recognises that the marketplace in a free and competitive system may not always be sufficient enough to make use of the media to generate and represent speech which is in the democratic public interest of discussion and advocacy. Shreya Singhal cites this portion of the judgement in support of its own rationale of striking down Section 66A. It holds:

The right to use the airwaves and the content of the programmes, therefore, needs regulation for balancing it and as well as to prevent monopoly of information and views relayed, which is a potential danger flowing from the concentration of the right to broadcast/telecast in the hands either of a central agency or of few private affluent broadcasters. That is why the need to have a central agency representative of all sections of the society free from control both of the Government and the dominant influential sections of the society. This is not disputed. But to contend that on that account the restrictions to be imposed on the right under Article 19(1)(a) should be in addition to those permissible under Article 19(2) and dictated by the use of public resources in the best interests of the society at large, is to misconceive both the content of the freedom of speech and expression and the problems posed by the element of public property in, and the alleged scarcity of, the frequencies as well as by the wider reach of the media. (para 29)

The recognition in Shreya Singhal that unregulated, the marketplace can lead to “a monopoly of information and views relayed” flowing from the hands of “either a central agency or a few private affluent broadcasters” points to the limitation of the Marketplace of Ideas approach itself. Such recognition culminated into a more participation-focused idea of what it means to live in a democracy: the idea of a Public Sphere where regulation and governance of media is done in order to expand participation of different kinds of ideas and people within public speech. The Court again cites Cricket Association of Bengal in this regard to state:

When, however, there are surplus or unlimited resources and the public interests so demand or in any case do not prevent telecasting, the validity of the argument based on limitation of resources disappears. It is true that to own a frequency for the purposes of broadcasting is a costly affair and even when there are surplus or unlimited frequencies, only the affluent few will own them and will be in a position to use it to subserve their own interest by manipulating news and views. That also poses a danger to the freedom of speech and expression of the have-nots by denying them the truthful information on all sides of an issue which is so necessary to form a sound view on any subject. (para 29)

In background of this, it could be said that the Marketplace of Ideas, while it forms an important part of the backbone in the striking down of Section 66A, it is not all there is to it. The idea of participation in a Public Sphere is recognised as well, and to an extent it is the barrier to participation in this Public Sphere, which enables the declaration of Section 66A as unconstitutional.

Public Sphere or the Marketplace? : (N)either, but a Dynamics of Control

Much of the discourse around Shreya Singhal’s discussion on Sections 69A and 79, has seen it as divorced from the discussion around Section 66A. The discussion on Section 69A and 79 in the judegment has been seen as regressive, or ambiguous, while the portion of the judgement dealing with Section 66A has been largely been pronounced progressive and liberal. It has also been argued that the discussion on Section 66A in Shreya Singhal departs from a myriad previous judgements and their approach towards the governance of free speech [7]. I would like to argue on the contrary, that there is in fact, a deep continuity in the judgement on various provisions, as well as with prior judgements on speech, as far as the approach which is taken towards the governance of speech generally, and speech on the internet, specifically, is concerned.

To understand this continuity, it is of critical importance to note how the approaches of Public Sphere and the Marketplace of Ideas are contrasted in Cricket Association of Bengal, and by reference in Shreya Singhal as well—while the former is used to justify regulation for participation of a larger public in reception of information from the media, and the latter to keep off excessive interference by the Government. Moreover, the judgement also seems to conflate the Marketplace of Ideas and the Public Sphere conceptions of speech governance when it states:

It is clear, therefore, that the petitioners are correct in saying that the public’s right to know is directly affected by Section 66A. Information of all kinds is roped in – such information may have scientific, literary or artistic value, it may refer to current events, it may be obscene or seditious. That such information may cause annoyance or inconvenience to some is how the offence is made out. It is clear that the right of the people to know – the market place of ideas – which the internet provides to persons of all kinds is what attracts Section 66A. (para 20)

One notes in the abovementioned extract that the right to know is seen to emerge from the Marketplace of Ideas rather than through participation in the Public Sphere. In light of these observations, one can then ask the question: What is really at the philosophical heart of Shreya Singhal judgement when it can employ both these approaches? One can argue that the focus of the judgement is to balance these two approaches for the governance of speech. But what is the aim of such an attempt to “balance”? Where is it really leading to? The answer may lie in analysing the rest of Shreya Singhal, including its pronouncements on Executive Rules under Section 69A and Section 79, both of which while being regressive, were upheld as constitutional.

The issue under Section 69A concerned the constitutional validity of the Blocking Rules of the internet, while that under Section 79 concerned the liability of intermediaries on the internet. What is interesting is that the Court in its analysis of Rules under both these sections does not go into the grounds which have been prescribed for the blocking of websites, or for pinning intermediary liability. Commenting on the Rules under Section 69A, the judgement holds:

Merely because certain additional safeguards such as those found in Section 95 and 96 CrPC are not available does not make the Rules constitutionally infirm. We are of the view that the Rules are not constitutionally infirm in any manner. (para 111)

Additionally it places emphasis on the premise the satisfaction of the Central Government that it is necessary to block a website, is a valuable assumption to proceed with the blocking of such website within the tenet of Article 19(2). It holds:

It will be noticed that Section 69A unlike Section 66A is a narrowly drawn provision with several safeguards. First and foremost, blocking can only be resorted to where the Central Government is satisfied that it is necessary so to do. (para 109)

Similarly, for the Rules under Section 79, the Court strikes down the premise that private censorship of internet content based on the judgement of intermediaries is constitutionally permissible. (see para 117) However, it upholds constitutionality of removal of content by an intermediary upon knowledge of a court order to this effect, as well as knowledge of notification by the appropriate government. It states:

Section 79(3)(b) has to be read down to mean that the intermediary upon receiving actual knowledge that a court order has been passed asking it to expeditiously remove or disable access to certain material must then fail to expeditiously remove or disable access to that material. This is for the reason that otherwise it would be very difficult for intermediaries like Google, Facebook etc. to act when millions of requests are made and the intermediary is then to judge as to which of such requests are legitimate and which are not. We have been informed that in other countries worldwide this view has gained acceptance, Argentina being in the forefront. Also, the Court order and/or the notification by the appropriate Government or its agency must strictly conform to the subject matters laid down in Article 19(2). (para 117)

In this manner while the power of speech regulation is taken away from private intermediaries existing in the Marketplace of Ideas, it is restored within the organs of the State—the Judiciary and the Executive. This may not necessarily be repressive, as long as these powers of regulations are used to actually expand the Public Sphere, rather than limiting or controlling it. But the architecture of the regulations under both Sections 69A, and 79 suggest that they have been designed for control, rather than promoting discussion in the Public Sphere, as is evident from the strong censorship models they employ.

Such type of speech regulation aimed at creating a State-controlled “Public Sphere” has a long history: It has been additionally opined that the First Amendment to the Constitution which expanded the grounds under Article 19(2) embodies this colonial continuity within the Constitution framework itself [8]. Eminent lawyer, Rajeev Dhavan has analysed the colonial history of laws governing speech in India to observe continuity from the administration then, to the post-independence orientation of speech laws, to point out that an inherent distrust of the media has always existed in the legal structure, be it before or after the Indian Constitution. He traces such form of legal structure to a desire to control, rather than enable the “public” rooted in the context of colonial rather than democratic pressures [9].

This trend also links back to what happens in the case of Cricket Association of Bengal which is cited in support of the striking down of Section 66A in Shreya Singhal. In Cricket Association of Bengal, while there is a recognition of the limitations of Marketplace of Ideas in how it can concentrate participation in democratic discussions only to the hands of those with adequate purchasing power,9 it also fails to amend this through a process of greater participation and representation of diverse public on media. What it broadly does instead is conflate the public to the State, holding that it is only through State-administered public broadcasting that greater participation and representation of diverse public on media can happen. Accordingly, Justice B.P. Jeevan Reddy in his judgement states:

Public good lies in ensuring plurality of opinions, views and ideas and that would scarcely be served by private broadcasters, who would be and who are bound to be actuated by profit motive. There is a far greater likelihood of these private broadcasters indulging in misinformation, disinformation and manipulation of news and views than the government-controlled media, which is at least subject to public and parliamentary scrutiny. (para 181, emphasis added)

Such architecture of Government regulation in the governance of speech, visible both in Cricket Association of Bengal, and by extension in the 66A discussion in Shreya Singhal, but also in the Sections 69A and 79 discussion in the latter judgement, aspires not at expanding and creating a Habermasian Public Sphere of unlimited lively discussion, but rather, a pre-defined, controlled sphere of the “public” which behaves in congruence with the interests of the State. While on the surface it may seem to recognise the limits of the Marketplace of Ideas approach in speech governance and aim for reform of the same, in the bigger scheme of things, the criticism of the marketplace is really directed towards putting more control of public speech in the hands of the State machinery [9].

In such a background of the control trend, even a judgement like Shreya Singhal with such a progressive outcome, appears like a flash in the pan. It might allow for some seemingly liberal advancements in free speech, but it does so only within the larger structure of control mechanisms created for speech ingrained within a pre-independence, undemocratic form of governance which was disrespectful of an independent Public Sphere. The question which then needs to be asked is this: While judgements like Shreya Singhal strike down the really repressive, do they actually bring about a structural change in legal assumptions about public speech? Or is the same colonial desire of control which is permeating the most progressive pronouncements of our jurisdiction? Is it moving towards a participatory, diverse and independent Public Sphere, or something which appears close enough to free discussion, but really is carefully monitored to produced “socially relevant” content, whereby what is relevant is defined through a complicated State apparatus? As our speech laws move to the Internet Age, these are some questions we must ask if the hope for the law is to enable involved, democratic citizenry, rather than a colonial-flavoured Internet public.

References

[1] Judgement accessed from http://supremecourtofindia.nic.in/FileServer/2015-03-24_1427183283.pdf.

[2] Stein, Laura. 2006. Speech rights in America: The First Amendment, Democracy, and the Media. Chicago: University of Chicago Press.

[3] Judgement accessed from http://indiankanoon.org/doc/539407/.

[4] Judgement accessed from http://indiankanoon.org/doc/1327342/.

[5] 250 US 616 (1919).

[6] 521 U.S. 844 (1997).

[7] Bhatia, Gautam. 2015. At the Heart of the Landmark 66A Ruling: The Crucial Distinction between Advocacy and Incitement. Scroll. March 25. Accessed from http://scroll.in/article/716034/at-the-heart-of-the-landmark-66a-ruling-the-crucial-distinction-between-advocacy-and-incitement.

[8] See: Liang, Lawrence. 2011. Reasonable Restrictions and Unreasonable Speech. InfoChange. Accessed from http://infochangeindia.org/agenda/freedom-of-expression/reasonable-restrictions-and-unreasonable-speech.html. Also see: Acharya, Bhairav. 2015. Free Speech Policy in India: Community, Custom, Censorship, and the Future of Internet Regulation. May 06. Accessed from http://notacoda.net/2015/05/06/free-speech-policy-in-india-community-custom-censorship-and-the-future-of-internet-regulation/.

[9] Dhavan, Rajeev. 2009. Moral Consensus in a Law and Order Society. In Aravind Rajagopal (ed.), The Indian Public Sphere. Oxford University Press. Pp. 92-93.

[10] See the discussion in the previous section of this essay.

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Civil Society Organisations and Internet Governance in India - Open Review

sumandro — 2015-11-13T05:51:03Z

This is a book section written for the third volume (2000-2010) of the Asia Internet History series edited by Prof. Kilnam Chon. The pre-publication text of the section is being shared here to invite suggestions for addition and modification. Please share your comments via email sent to raw[at]cis-india[dot]org with 'Civil Society Organisations and Internet Governance in India - Comments' as the subject line. This text is published under Creative Commons Attribution-NoDerivatives 4.0 International license.

You are most welcome to read the pre-publication drafts of other sections of the Asia Internet History Vol. 3, and share your comments: https://sites.google.com/site/internethistoryasia/book3.

Early Days

The overarching context of development interventions and rights-based approaches have shaped the space of civil society organizations working on the topics of information and communication technologies (ICTs) and Internet governance in India. Early members of this space came from diverse backgrounds. Satish Babu was working with the South Indian Federation of Fishermen Societies (SIFFS) in mid-1990s, when he set up a public mailing list called 'FishNet,' connected to Internet via the IndiaLink email network, (then) run by India Social Institute to inter-connect development practitioners in India. He went on to become the President of Computer Society of India during 2012-2013; and co-founded Society for Promotion of Alternative Computing and Employment (SPACE) in 2003, where he served as the Executive Secretary during 2003-2010 [Wikipedia 2015]. Anita Gurumurthy, Executive Director of IT for Change and one of the key actors from Indian civil society organizations to take part in the World Summit on the Information Society (WSIS) process, had previously worked extensively on topics related to public health and women's rights [ITfC b], which deeply shaped the perspectives she and IT for Change have brought into the Internet governance sphere, globally as well as nationally [Gurumurthy 2001]. Arun Mehta initiated a mailing list titled 'India-GII' in 2002 to discuss 'India's bumpy progress on the global infohighway' [India-GII 2005]. This list played a critical role in curating an early community of non-governmental actors interested in the topics of telecommunication policy, spectrum licensing, Internet governance, and consumer and communication rights. As Frederick Noronha documents, the mailing list culture grew slowly in India during the late 1990s and early 2000s. However, they had a great impact in organizing early online communities, sometimes grouped around a topical focus, sometimes functioning as a bridge among family members living abroad, and sometimes curating place-specific groups [Noronha 2002].

The inaugural conference of the Free Software Foundation of India [FSFI] in Thiruvananthapuram, on 20 July 2001, galvanized the Free/Libre and Open Source Software (FLOSS) community in India. The conference was titled 'Freedom First,' and Richard Stallman was invited as the chief guest. It was a vital gathering of actors from civil society organizations, software businesses, academia, and media, as well as the Secretary of the Department of Information Technology, Government of Kerala (the state where the conference was held). The conference laid the basis for sustained collaborations between the free software community, civil society organizations, emerging software firms in the state, and the Government of Kerala for the years to come. Two early initiatives that brought together free software developers and state government agencies were the Kerala Trasportation Project and the IT@School project, which not only were awarded to firms promoting use of FLOSS in electronic governance project, but facilitated a wider public dialogue regarding the need think critically about the making of information society in India [Kumar 2007]. The inter-connected communities and overlapping practices of the FLOSS groups, civil society organizations involved in ICT for Development initiatives, telecommunication policy analysts and advocates, and legal-administrative concerns regarding life in the information society – from digital security and privacy, to freedom of online expressions, to transparency in electronic governance infrastructures – have, hence, continued to shape the civil society space in India studying, discussing, responding, and co-shaping policies and practices around governance of Internet in India.

Key Organizations

IT for Change was established in 2000, in Bengaluru, as a non-governmental organization that 'works for the innovative and effective use of information and communication technologies (ICTs) to promote socio-economic change in the global South, from an equity, social justice and gender equality point of view' [ITfC]. It has since made important contributions in the field of ICTs for Development, especially in integrating earlier communication rights practices organised around old media forms with newer possibilities of production and distribution of electronic content using digital media and Internet [ITfC e], and in that of Internet governance, especially through their participation in the WSIS and Internet Governance Forum (IGF) processes and by co-shaping the global Souther discourse of the subject [ITfC d]. It has also done significant works in the area of women's rights in the information society, and have been a core partner in a multi-country feminist action research project on using digital media to enhance the citizenship rights and experiences of marginalized women in India, Brazil, and South Africa [ITfC c]. IT for Change has co-led the formation of Just Net Coalition in February 2014 [JNC].

Digital Empowerment Foundation (DEF) was founded by Osama Manzar, in New Delhi in 2002, with a 'deep understanding that marginalised communities living in socio-economic backwardness and information poverty can be empowered to improve their lives almost on their own, simply by providing them access to information and knowledge using digital tools' [DEF c]. DEF has contributed to setting up Community Information Resource Centres across 19 states and 53 districts in India, with computers, printers, scanners, and Internet connectivity [DEF]. DEF organises one of the biggest competitions in Asia to identify, foreground, and honour significant contributions in the area of ICT for Development [DEF d]. This annual competition series, titled 'Manthan Award' (Translation: 'manthan' means 'churning' in Sanskrit), started in 2004. It has alllowed DEF to create a detailed database of ICT for Development activities and actors in the South Asia and Asia Pacific region. Since 2011, DEF has started working with Association for Progressive Communications on a project titled 'Internet Rights' to take forward the agenda of 'internet access for all' in India [DEF b].

The Society for Knowledge Commons was formed in New Delhi 2007 by 'scientists, technologists, researchers, and activists to leverage the tremendous potential of the ‘collaborative innovation’ model for knowledge generation that has lead to the growth of the Free and Open Source Software community (FOSS) around the world' [Society for Knowledge Commons]. It has championed integration of FOSS into public sector operations in India – from electronic governance systems to use of softwares in educational institutes – and has made continuous interventions on Internet governance issues from the perspective of the critical importance of shared knowledge properties and practices for a more democratic information society. It is a part of the Free Software Movement of India [FSMI], an alliance of Indian organizations involved in advocating awareness and usage of FOSS, as well as a founding member of the Just Net Coalition [JNC].

The Centre for Internet and Society (CIS) was established in Bengaluru in 2008 with a research and advocacy focus on topics of accessibility of digital content for differently-abled persons, FOSS and policies on intellectual property rights, open knowledge and Indic Wikipedia projects, digital security and privacy, freedom of expression and Internet governance, and socio-cultural and historical studies of Internet in India [CIS]. In one of the key early projects, CIS contributed to the making of web accessibility policy for government websites in India, which was being drafted by the Department of Information Technology, Government of India [CIS 2008]. In the following years it took part in the Internet Governance Forum summits; submitted responses and suggestions to various policies being introduced by the government, especially the Information Technology (Amendment) Act, 2008, National Identification Authority of India (NIA) Bill, 2010, and the Approach Paper for a Legislation on Privacy, 2010; produced a report on the state of open government data in India [Prakash 2011b], and undertook an extensive study on the experiences of the young people in Asia with Internet, digital media, and social change [Shah 2011].

Software Freedom Law Centre has undertaken research and advocacy interventions, since 2011, in the topics digital privacy, software patents, and cyber-surveillance [SFLC]. The Internet Democracy Project, an initiative of Point of View, has organised online and offline discussions, participated in global summits, and produced reports on the topics of freedom of expression, cyber security and human rights, and global Internet governance architecture since 2012 [IDP].

The first Internet Society chapter to be established in India was in Delhi. The chapter began in 2002, but went through a period of no activity before being revived in 2008 [Delhi]. The Chennai chapter started in 2007 [Chennai], the Kolkata one in 2009 [Kolkata], and the Bengaluru chapter came into existence in 2010 [Bangalore]. Asia Internet Symposium have been organised in India twice: 1) the Kolkata one, held on on 1 December 2014, focused on 'Internet and Human Rights: Empowering the Users,' and 2) the Chennai symposium, held on 2 December 2014, discussed 'India in the Open and Global Internet.' The newest Internet Society chapter in India is in the process of formation in Trivandrum [Trivandrum], led by the efforts of Satish Babu (mentioned above).

Global and National Events

The first World Summit on the Information Society (WSIS) conference in Geneva, held on 10-12 December 2003, was not attended by many civil society organizations from India. Several Indian participants in the conference were part of the team of representatives from different global civil society organizations, like Digital Partners, Development Alternatives with Women for a New Era (DAWN), and International Centre for New Media [ITU 2003]. Between the first and the second conference, the engagement with the WSIS process increased among Indian civil society organizations increased of the WSIS process, which was especially led by IT for Change. In early 2005, before the second Preparatory Committee meeting of the Tunis conference, it organized a discussion event titled 'Gender Perspectives on the Information Society: South Asia Pre-WSIS Seminar' in partnership with DAWN and the Indian Institute of Management, Bangalore, which was supported by UNIFEM and the UNDP Asia-Pacific Development Information Programme [Gurumurthy 2006]. In a separate note, Anita Gurumurthy and Parminder Jeet Singh of IT for Change have noted their experience as a South Asian civil society organization engaging with the WSIS process [Gurumurthy 2005]. The second WSIS conference in Tunis, held on 16-18 November 2005, however, neither saw any significant participation from Indian civil society organizations, except for Ambedkar Centre for Justice and Peace, Childline India Foundation / Child Helpline International, and IT for Change [ITU 2005]. This contrasted sharply with the over 60 delegates from various Indian government agencies taking part in the conference [ITU 2005].

Two important events took place in India in early 2005 that substantially contributed to the civil society discourses in India around information technology and its socio-legal implications and possibilities. The former is the conference titled 'Contested Commons, Trespassing Publics' organized by the Sarai programme at the Centre for the Study of Developing Societies, Alternative Law Forum, and Public Service Broadcasting Trust, in Delhi on 6-8 January 2005. The conference attempted to look into the terms of intellectual property rights (IPR) debates from the perspectives of experiences in countries in Asia, Latin America, and Africa. It was based on the research carried out by the Sarai programme and Alternative Law Forum on contemporary realities of media production and distribution, and the ways in which law and legal instruments enter into the most intimate spheres of social and cultural life to operationalise the IPRs. The conference combined academic discussions with parallel demonstrations by media practitioners, and knowledge sharing by FLOSS communities [Sarai 2005]. The latter event is the first of the Asia Source workshop that took place in Bengaluru during 28 January - 4 February 2005 . It brought together more than 100 representatives from South and South-East Asian civil society organizations and technology practitioners working with them, along with several leading practitioners from Africa, Europe, North America, and Latin America, to promote adoption and usage of FLOSS across the developmental sector in the region. The workshop was organized by Mahiti (Bengaluru) and Tactical Technology Collective (Amsterdam), with intellectual and practical support from an advisory group of representatives from FLOSS communities and civil society organizations, and financial support from Hivos, the Open Society Institute, and International Open Source Network [Asia Source].

While the participation of representatives from Indian civil society organizations at the IGFs in Athens (2006) and Rio de Janeiro (2007) was minimal, the IGF Hyderabad, held on 3-6 December 2008, provided a great opportunity for Indian civil society actors to participate in and familiarize themselves with the global Internet governance process. Apart from various professionals, especially lawyers, who attended the Hyderabad conference as individuals, the leading civil society organizations participating in the event included: Ambedkar Center for Justice and Peace, Centre for Internet and Society, Centre for Science, Development and Media Studies, Digital Empowerment Foundation, Internet Society Chennai chapter, IT for Change, and Mahiti. The non-governmental participants from India at the event, however, were predominantly from private companies and academic institutes [IGF 2008].

IT for Change made a critical intervention into the discourse of global Internet governance during the Hyderabad conference by bringing back the term 'enhanced cooperation,' as mentioned in the Tunis Agenda for the Information Society [ITU 2005 b]. At IGF Sharm El Sheikh, held during 15-18 November 2009, Parminder Jeet Singh of IT for Change explained:

[E]nhanced cooperation consists of two parts. One part is dedicated to creating globally applicable policy principles, and there is an injunction to the relevant organizations to create the conditions for doing that. And I have a feeling that the two parts of that process have been conflated into one. And getting reports from the relevant organizations is going on, but we are not able to go forward to create a process which addresses the primary purpose of enhanced cooperation, which was to create globally applicable public policy principles and the proof of that is that I don't see any development of globally applicable public policy principles, which remains a very important need. [IGF 2009]

This foregrounding of the principle of 'enhanced cooperation' have since substantially contributed to rethinking not only the global Internet governance mechanisms and its reconfigurations, but also the Indian government's perspectives towards the same. It eventually led to the proposal made by a representative of Government of India at the UN General Assembly session on 26 October 2011 regarding the establishment of a UN Committee for Internet-Related Policies [Singh 2011].

Internet Policies and Censorship

One of the earliest instances of censorship of online content in India is the blocking of several websites offering Voice over IP (VoIP) softwares, which can be downloaded to make low-cost international calls, during late 1990s. The India-GII mailing list initiated by Arun Mehta, as mentioned above, started almost as a response to this blocking move by Videsh Sanchar Nigam Limited (VSNL), the government-owned Internet Service Provider (ISP). Additionally, Mehta filed a case against VSNL for blocking these e-commerce websites, which might be identified as the first case of legal activism for Internet-related rights in India [India-GII 2001]. During the war between India and Pakistan during 1999, the Indian government instructed VSNL to block various Pakistani media websites, including that of Dawn. Like in the case of websites offering VoIP services, this blocking did not involve direct intervention with the websites concerned but only the ability of Indian users to access them [Tanna 2004]. The first well-known case of the Government of India blocking digital content for political reasons occurred in 2003, when a mailing list titled 'Kynhun' was banned. Department of Telecommunications instructed all the But the previously deployed URL-blocking strategy did not work in the new situation of mailing lists. Blocking the URL of the group did not stop it from being used by members of the group to continue sharing email through it. Government of India then approached Yahoo directly to ensure that the mailing list is closed down, which Yahoo declined to implement. This resulted in imposing of a blanket blocking of all Yahoo Groups pages across ISPs in India during September 2003. By November, Yahoo decided to close down the mailing list, and the blanket blocking was repealed [Tanna 2004]. Further blocking of several blogs and websites continued through 2006 and 2007, where the government decided to work in collaboration with various platforms offering hosted blog and personal webpage services to remove access to specific sub-domains. In resistance to this series of blocking orders by the government, there emerged an important civil society campaign titled 'Bloggers Against Censorship' led by Bloggers Collective Group, a distributed network of bloggers from all across India [Bloggers 2006].

A few weeks after the IGF Hyderabad, the Government of India passed the Information Technology (Amendment) Act 2008 on 22 December 2008 [MoLaJ 2009], although it was notified and enforced much later on 27 October 2009 [MoCaIT 2009]. This amendment attempted to clarify various topics left under-defined in the Information Technology Act of 2000. However, as Pranesh Prakash of the Centre for Internet and Society noted, the casual usage of the term 'offensive content' in the amendment opened up serious threats of broad curbing of freedom of online expression under the justification that it caused 'annoyance' or 'inconvenience' [Prakash 2009]. The sections 66 and 67 of the amended Information Technology Act, which respectively address limits to online freedom of expression and legally acceptable monitoring of digital communication by government agencies, have since been severely protested against by civil society organizations across India for enabling a broad-brushed censorship and surveillance of the Internet in India. The section 66A has especially allowed the government to make a series of arrests of Internet users for posting and sharing 'offensive content' [Pahwa 2015].

In 2011, the Government of India introduced another critical piece of policy instrument for controlling online expressions – the Information Technology (Intermediary Guidelines) Rules, 2011 [MoCaIT 2011] – targeted at defining the functions of the intermediaries associated with Internet-related services and communication, and how they are to respond to government's directives towards taking down and temporary blocking of digital content. The draft Rules were published in early 2011 and comments were invited from the general public. One of the responses, submitted by Privacy India and the Centre for Internet and Society, explicitly highlighted the draconian implications of the (then) proposed rules:

This rule requires an intermediary to immediately take steps to remove access to information merely upon receiving a written request from “any authority mandated under the law”. Thus, for example, any authority can easily immunize itself from criticism on the internet by simply sending a written notice to the intermediary concerned. This is directly contrary to, and completely subverts the legislative intent expressed in Section 69B which lays down an elaborate procedure to be followed before any information can be lawfully blocked. [Prakash 2011]

The policy apparatus of controlling online expression in India took its full form by the beginning of the decade under study here. The 'chilling effect' of this apparatus was made insightfully evident by a study conducted by Rishabh Dara at the Centre for Internet and Society, where fake takedown notices (regarding existing digital content) were sent to 7 important Internet intermediaries operating in India, and their responses were studied. The results of this experiment demonstrated that:

[T]he Rules create uncertainty in the criteria and procedure for administering the takedown thereby inducing the intermediaries to err on the side of caution and over-comply with takedown notices in order to limit their liability; and as a result suppress legitimate expressions. Additionally, the Rules do not establish sufficient safeguards to prevent misuse and abuse of the takedown process to suppress legitimate expressions. [Dara 2012]

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For more details visit https://cis-india.org/raw/civil-society-organisations-and-internet-governance-in-india-open-review

Civil Society Organisations and Internet Governance in Asia - Open Review

sumandro — 2015-11-13T05:54:33Z

This is a book section written for the third volume (2000-2010) of the Asia Internet History series edited by Prof. Kilnam Chon. The pre-publication text of the section is being shared here to invite suggestions for addition and modification. Please share your comments via email sent to raw[at]cis-india[dot]org with 'Civil Society Organisations and Internet Governance in Asia - Comments' as the subject line. This text is published under Creative Commons Attribution-NoDerivatives 4.0 International license.

You are most welcome to read the pre-publication drafts of other sections of the Asia Internet History Vol. 3, and share your comments: https://sites.google.com/site/internethistoryasia/book3.

Preparations for the World Summit on the Information Society

The World Summit on the Information Society (WSIS) conferences organized by the United Nations in Geneva (2003) and Tunis (2005) initiated crucial platforms and networks, some temporary and some continued, for various non-governmental actors to intensively and periodically take part in the discussions of governance of Internet and various related activities towards the goals of inclusive development and human rights. Many of the civil society organizations taking part in the WSIS conferences, as well as the various regional and thematic preparatory meetings and seminars, had little prior experience in the topic of Internet governance. They were entering these conversations from various perspectives, such as local developmental interventions, human and cultural rights activism, freedom and diversity of media, and gender and social justice. With backgrounds in such forms of applied practice and theoretical frameworks, members of these civil society organizations often faced a difficult challenge in articulating their experiences, insights, positions, and suggestions in terms of the (then) emerging global discourse of Internet governance and that of information and communication technologies (ICTs) as instruments of development. At the WSIS: An Asian Response Meeting in 2002, Susanna George, (then) Executive Director of Isis International, Manila, succinctly expressed this challenge being faced by the members of civil society organizations:

For some feminist activists however, including myself, it has felt like trying to squeeze my concerns into a narrow definition of what gender concerns in ICTs are. I would like it to Cinderella’s ugly sister cutting off her toe to fit into the dainty slipper of gender concerns in ICTs. The development ball, it seems, can only accommodate some elements of what NGO activists, particularly those from the South, are concerned about in relation to new information and communications technologies. (George 2002)

The above mentioned seminar, held in Bangkok, Thailand, on November 22-24, 2002, was a crucial early meeting for the representatives from Asian civil society organizations to share and shape their understanding and positions before taking part in the global conversations during the following years. The meeting was organised by Bread for All (Switzerland), Communication Rights in the Information Society Campaign (Netherlands), Forum-Asia (Thailand), and World Association for Christian Communication (United Kingdom), as a preparatory meeting before the Asia-Pacific Regional Conference of WSIS, with 34 organizations from 16 Asian countries taking part in it. The Final Document produced at the end of this seminar was quite a remarkable one. It highlighted the simultaneity of Asia as one of the global centres of the information economy and the everyday reality of wide-spread poverty across the Asian countries, and went on to state that the first principle for the emerging global information society should be that the '[c]ommunication rights are fundamental to democracy and human development' (The World Summit on the Information Society: An Asian Response 2002). It proposed the following action items for the efforts towards a global inclusive information society: 1) strengthen community, 2) ensure access, 3) enhance the creation of appropriate content, 4) invigorate global governance, 5) uphold human rights, 6) extend the public domain, 7) protect and promote cultural and linguistic diversity, and 8) ensure public investment in infrastructure (ibid.).

Immediately after this Conference, several Asian civil society organizations attended the Asian Civil Society Forum, organised as part of the Conference of Non-governmental Organizations in Consultative Relations with the United Nations (CONGO), held in Bangkok, Thailand, during December 9-13, 2002. Representatives of Dhaka Ahsania Mission (Bangladesh), OneWorld South Asia (India), GLOCOM (Japan), Foundation for Media Alternative (Philippines), Korean Progressive Network – JINBONET (Republic of Korea), Friedrich Naumann Foundation (Singapore), International Federation of University Women (Switzerland), and Forum Asia (Regional) drafted a Joint Statement emphasising that a 'broad-based participation of civil society, especially from those communities which are excluded, marginalized and severely deprived, is critical in defining and building such a [true communicative, just and peaceful] society' (Aizu 2002). In the very next month, the Asia-Pacific Regional Conference was held in Tokyo during January 13-15, 2003, 'to develop a shared vision and common strategies for the “Information Society' (WSIS Executive Secretariat 2003: 2). The conference saw participation of representatives from 47 national governments, 22 international organizations, 54 private sector agencies, and 116 civil society organizations across the Asia-Pacific region. The Tokyo Declaration, the final document prepared at the conclusion of the Conference, recognized that:

[T]he Information Society must ... facilitate full utilization of information and communication technologies (ICT) at all levels in society and hence enable the sharing of social and economic benefits by all, by means of ubiquitous access to information networks, while preserving diversity and cultural heritage. (Ibid.: 2)

Further, it highlighted the following priority areas of action: 1) infrastructure development, 2) securing affordable, universal access to ICTs, 3) preserving linguistic and cultural diversity and promoting local content, 4) developing human resources, 5) establishing legal, regulatory and policy frameworks, 6) ensuring balance between intellectual property rights (IPR) and public interest, 7) ensuring the security of ICTs, and 8) fostering partnerships and mobilizing resources. It is not difficult to see how the focus of necessary actions shifted from an emphasis on concerns of community and human rights, and public investments and commons, towards those of legal and policy mechanisms, multi-partner delivery of services, and intellectual property rights. Civil society organizations, expectedly, felt sidelined in this Conference, and decided to issue a join statement of Asian civil society organizations to ensure that their positions are effectively presented. The first two topics mentioned in this document were: 1) '[c]ommunication rights should be fully recognized as a fundamental and universal human right to be protected and promoted in the information society,' and 2) '[t]he participation of civil society in the information society at all levels should be ensured and sustained, from policy planning to implementation, monitoring and evaluation' (UNSAJ et al 2003). The joint statement was endorsed by 30 civil society organizations: UDDIPAN (Bangladesh); COMFREL (Cambodia); ETDA (East Timor); The Hong Kong Council of Social Services (Hong Kong); Food India, IT for Change (India); Indonesian Infocom Society (Indonesia); Active Learning, CPSR, Forum for Citizens' Television and Media, JTEC, Kyoto Journal, Ritsumeikan University Media Literacy Project, UNSAJ (Japan); Computer Association Nepal, Rural Area Development Programme (Nepal); APC Women's Networking Support Programme, Foundation for Media Alternatives, ISIS International (Philippines); Citizens' Action Network, Korean Progressive Network – Jinbonet, Labor News Production, ZAK (Republic of Korea); e-Pacificka Consulting (Samoa); National University of Singapore (Singapore); Public Television Service, Taiwan Association for Human Rights (Taiwan); Asian-South Pacific Bureau for Adult Education, FORUM ASIA, and TVE Asia Pacific (Regional) (Ibid.).

Participation in the WSIS Process

The first WSIS conference was held in Geneva in December 2003. Through the processes of organizing this conference, and the second one in Tunis in November 2005, United Nations expressed a clear intention of great participation of actors from the private companies, civil society, academia, and media, along with the governmental organizations. During the first meeting of the WSIS Preparatory Committee (PrepCom-1) in Geneva, during July 1-5, 2002, the civil society organizations demanded that they should be allowed to co-shape the key topics to be discussed during the first conference (2003). There was already an Inter-Governmental Subcommittee on Contents and Themes, but no equivalent platform for the civil society organizations was available. With the approval of the Civil Society Plenary (CSP), the Civil Society Subcommittee on Content and Themes (WSIS-SCT) was instituted during PrepCom-1 (WSIS-SCT 2003b). At the second WSIS Preparatory Committee meeting (PrepCom-2) in Geneva, during February 17-28, 2003, the WSIS-SCT produced a summary of the views of its members titled 'Vision and Principles of Information and Communication Societies,' and also a one page brief titled 'Seven Musts: Priority Principles Proposed by Civil Society' to be used for lobbying purposes (Ibid.). This brief mentioned seven key principles of Internet governance identified by the civil society organization taking part in the WSIS process: (1) sustainable development, (2) democratic governance, (3) literacy, education, and research, (4) human rights, (5) global knowledge commons, (6) cultural and linguistic diversity, and (7) information security (WSIS-SCT 2003a).

Asian civil society organizations that took part in the PrepCom-2 meeting included United Nations Association of China (China); CASP - Centre for Adivasee Studies and Peace, C2N - Community Communications Network (India); ICSORC - Iranian Civil Society Organizations Resource Center (Iran); GAWF - General Arab Women Federation (Iraq); Daisy Consortium, GLOCOM - Center for Global Communications (Japan); Association for Progressive Communication, Global Knowledge Partnership (Malaysia); Pakistan Christian Peace Foundation (Pakistan); WFEO - World Federation of Engineering Organization (Palestine); Asian South Pacific Bureau of Adult Education, Foundation for Media Alternatives, ISIS International – Manila (Philippines); Korean Progressive Network - Jinbonet (Republic of Korea); IIROSA - International Islamic Relief Organization (Saudi Arabia); and Taking IT Global (India, Indonesia, Malaysia, Philippines, and Turkey) (ITU 2003a).

All these efforts led to development of the Civil Society Declaration to the World Summit on the Information Society, which was prepared and published by the Civil Society Plenary at the Geneva conference, on December 08, 2003. The Declaration was titled 'Shaping Information Societies for Human Needs' (WSIS Civil Society Plenary 2003). The Asian civil society organization that took part in the Geneva conference were BFES - Bangladesh Friendship Education Society, Drik, ICTDPB - Information & Communication Technology Development Program, Proshika - A Center for Human Development (Bangladesh); China Society for Promotion of the Guangcai Programme, Chinese People's Association for Friendship with Foreign Countries, United Nations Association of China (China); The Hong Kong Council of Social Service (Hong Kong); CASP - Centre for Adivasee Studies and Peace, Childline India Foundation / Child Helpline International, DAWN - Development Alternatives with Women for a New Era (India); Communication Network of Women's NGOs in Iran, Green front of Iran, ICTRC - Iranian Civil Society Organizations Training and Research Center, Islamic Women's Institute of Iran, Institute for Women's Studies and Research, Organization for Defending Victims of Violence (Iran); ILAM - Center for Arab Palestinians in Israel (Israel); Citizen Digital Solutions, Forum for Citizens' Television and Media, GLOCOM - Center for Global Communications, JCAFE - Japan Computer Access for Empowerment, Soka Gakkai International (Japan); LAD-Nepal - Literary Academy for Dalit of Nepal (Nepal); Asia-Pacific Broadcasting Union, Global Knowledge Partnership (Malaysia); PAK Educational Society / Pakistan Development Network, SMEDA - Small & Medium Enterprise Development Authority (Pakistan); Palestine IT Association of Companies (Palestine); Isis International – Manila, Ugnayan ng Kababaihan sa Pulitika / Philippine Women's Network in Politics and Governance (Philippines); Citizen's Alliance for Consumer Protection of Korea, Korean Civil Society Network for WSIS (Republic of Korea); Youth Challenge (Singapore); Association for Progressive Communications (India and Philippines), CITYNET - Regional Network of Local Authorities for the Management of Human Settlements (India. Mongolia, and Philippines), Taking IT Global (India and Philippines) (ITU 2003b).

As the preparatory meetings and consultations towards the second WSIS conference advanced during the next year, the Asian civil society organizations attempted to engage more directly with the global Internet governance processes on one hand, and the national Internet and ICT policy situations on the other. Writing about their encounters at and before the second Preparatory Committee meeting of the Tunis conference, held in Geneva during February 17-25, 2005, Anita Gurumurthy and Parminder Jeet Singh made several early observations that have continued to resonate with the experiences of Asian civil society organizations throughout the decade (Gurumurthy & Singh 2005). Firstly, they indicated that the government agencies present in the dialogues tend to take diverging positions in international events and domestic contexts. Secondly, there was a marked absence of formal and informal discussions between the governmental and the civil society representatives of the same country present at the meeting. The government agencies were clearly disinterested in involving civil society organizations in the process. Thirdly, the civil society actors present in the meeting were mostly from the ICT for Development sector, and the organizations working in more 'traditional' sectors – such as education, health, governance reform, etc. – remained absent from the conversations. This is especially problematic in the case of such developing countries where there does not exist strategic linkages between civil society organizaions focusing on topics of technologized developmental interventions, and those involved in more 'traditional' development practices. Rekha Jain, in a separate report on the Indian experience of participating in the WSIS process, re-iterates some of these points (Jain 2006). She notes that '[w]hile the Secretary, [Department of Telecommunications, Government of India] was involved in (PrepCom-1) drafting the initial processes for involvement of NGOs, at the national level, this mechanism was not translated in to a process for involving the civil society or media' (Ibid.: 14).

The frequent lack of interest of national governments, especially in the Asian countries, to engage with civil society organizations on matters of policies and projects in Internet governance and ICTs for development (Souter 2007), further encouraged these organization to utilise the global discussion space opened up by the WSIS process to drive the agendas of democratisation of Internet governance processes, and protection and advancement of human rights and social justice. The second WSIS conference held in Tunis, during November 16-18, 2005, however, did not end in a positive note for the civil society organizations as a whole. The sentiment is aptly captured in the title of the Civil Society Statement issued after the Tunis Conference: 'Much more could have been achieved' (WSIS Civil Society Plenary 2005). Apart from producing this very important critical response to the WSIS process, within a month of its conclusions, the civil society organization contributed effectively in one of the more longer-term impacts of the process – the establishment of the Internet Governance Forums (IGFs). Immediately after the publication of the Report of the Working Group on Internet Governance (Desai et al) in June 2005, the Center for Global Communications (GLOCOM), Japan, acting on behalf of the Civil Society Internet Governance Caucus, came forward with public support for 'the establishment of a new forum to address the broad agenda of Internet governance issues, provided it is truly global, inclusive, and multi-stakeholder in composition allowing all stakeholders from all sectors to participate as equal peers' (WSIS Civil Society Internet Governance Caucus 2005: 3).

Asian Civil Society Organizations at the IGFs

In 2006, the WSIS Civil Society Internet Governance Caucus was reformed and established as a permanent 'forum for discussion, advocacy, action, and for representation of civil society contributions in Internet governance processes' (Civil Society Internet Government Caucus 2006). Representatives from Asian civil society organizations have consistently played critical roles in the functionings of this Caucus. Youn Jung Park of the Department of Technology and Society, SUNY Korea, co-founded and co-coordined the original Caucus in 2003. Adam Peake of the Center for Global Communications (GLOCOM), International University of Japan, was co-coordinator of the original Caucus from 2003 to 2006. Parminder Jeet Sing of IT for Change, India, was elected as one of the co-cordinators of the newly reformed Caucus in 2006, with the term ending in 2008. Izumi Aizu of the Institute for HyperNetwork Society and the Institute for InfoSocinomics, Tama University, Japan served as the co-coordinator of the Caucus during 2010-2012.

The first Internet Governance Forum organized in Athens, October 30 – November 2, 2006, saw participation from a very few Asian civil society organizations, mostly from Bangladesh and Japan (IGF 2006). The second Internet Governance Forum in Rio de Janeiro, November 12-15, 2007 had a wider representation from Asian civil society organizations: Bangladesh NGOs Network for Radio and Communication, BFES - Bangladesh Friendship Education Society, VOICE – Voices for Interactive Choice and Empowerment (Bangladesh); China Association for Science and Technology, Internet Society of China (China); University of Hong Kong (Hong Kong); Alternative Law Forum (via Association for Progressive Communications - Women's Networking Support Programme), Indian Institute of Technology in Delhi, IT for Change (India); GLOCOM, Kumon Center, Tama University (Japan); Sustainable Development Networking Programme (Jordan); Kuwait Information Technology Society (Kuwait); Assocation of Computer Engineers – Nepal, Rural Area Development Programme, Nepal Rural Information Technology Development Society (Nepal); Bytesforall – APC / Pakistan, Pakistan Christian Peace Foundation (Pakistan); Foundation for Media Alternatives, Philippine Resources for Sustainable Development Inc. (Philippines); and LIRNEasia (Sri Lanka). At the Open IGF Consultations in Geneva, on February 26 2008, the Internet Governance Caucus made two significant submissions: 1) that, although structuring the IGF sessions in Athens and Rio de Janeiro around the large themes of access, openness, diversity, and security have been useful to open up the multi-stakeholder dialogues, it is necessary to begin focused discussions of specific public policy issues to take the IGF process forward (Civil Society Internet Governance Caucus 2008a), and 2) that the Multi-Stakeholder Advisory Group (MAG), which drives the IGF process and events, should be made more proactive and transparent, and expanded in size so as to better include the different stakeholder groups who may self-identify their representatives for the MAG (Civil Society Internet Governance Caucus 2008b).

On one hand, the IGF Hyderabad, December 3-6, 2008, experienced a decline in the percentage of participants from civil society organizations and a rather modest increase in the percentage of participants from Asian countries (see: 6.1.5. Annexe – Tables), especially since this was the first major international Internet governance summit held in an Asian country. On the other hand, the Civil Society Internet Governance Caucus succeeded to bring forth the term 'enhanced cooperation,' as mentioned in the Tunis Agenda, to be addressed and discussed in one of the main sessions of the Forum (IGF 2008). The next IGF held in Sharm El Sheikh, November 15-18, 2009, saw further decline of participation from both the representatives of civil society organizations, and the attendees from Asian countries (see: 6.1.5. Annexe – Tables). In this context, Youn Jung Park made the following statement in the Stock Taking session of the summit:

As a cofounder of WSIS Civil Society Internet Governance Caucus in 2003, I would like to remind you ... [that] Internet Governance Forum was created as a compromise between those who supported the status quo Internet governance institution under one nation's status provision, and those who requested for more balanced roles for governments under international supervision of the Internet. While IGF has achieved a great success of diluting of such political tension between those who have different views of how to institutionalize Internet governance, ironically Internet governance forum became a forum without governance... [We] have to admit [that] IGF failed to deliver another mandate of the U.N. WSIS: Continuing discussion of how to design Internet governance institutions... The current IGF continues to function as knowledge transfer of ICANN's values to other stakeholders, while those who want to discuss and negotiate on how to design Internet governance institutions should have another platform for that specific U.N. WSIS mandate. (IGF 2009)

The first Asia Pacific Regional Internet Governance Forum (APrIGF) was held in Hong Kong on June 14-16, 2010. The organising committee included three civil society / acadmic organizations – Center for Global Communications (GLOCOM), Internet Society Hong Kong, and National University of Singapore – and three indpendent experts – Kuo-Wei Wu (Taiwan), Norbert Klein (Cambodia), and Zahid Jamil (Pakistan). Though the Forum had dominant presence from government and private sector participants, several representatives from Asian civil society / academic organizations spoke at the sessions: Ang Peng Hwa (Singapore Internet Research Centre, Nanyang Technological University), Charles Mok (Internet Society Hong Kong), Christine Loh (Civic Exchange), Chong Chan Yau (Hong Kong Blind Union), Clarence Tsang (Christian Action), Ilya Eric Lee (Taiwan E-Learning and Digital Archives Program, and Research Center for Information Technology Innovation), Izumi Aizu (Institute for HyperNetwork Society, and Institute for InfoSocinomics, Kumon Center, Tama University), Oliver “Blogie” Robillo (Mindanao Bloggers Community), Parminder Jeet Singh (IT for Change), Priscilla Lui (Against Child Abuse in Hong Kong), Tan Tin Wee (Centre for Internet Research, National University of Singapore), and Yap Swee Seng (Asian Forum for Human Rights and Development). As Ang Peng Hwa noted at the beginning of the summit, its key objective was to provide a formal space for various stakeholders from the Asia-Pacific region to discuss and provide inputs to the IGF process (APrIGF 2010). The regional forum was successful in enabling newer civil society entrants from the Asia-Pacific region to familiarize themselves with the IGF process, and to contribute to it. Oliver “Blogie” Robillo, represented and submit recommendations from Southeast Asian civil society organizations at IGF Vilnius, September 14-17, 2010, which was the first time he took part in the summit series. He emphasised the following topics: 1) openness and freedom of expression are the basis of democracy, and state-driven censorship of Internet in the region is an immediate threat to such global rights, 2) coordinated international efforts need to address and resolve not only global digital divides, but also the divides at regional, national, and sub-nationals scales, 3) the right to privacy is an integral part of cybersecurity, as well as a necessary condition for exercising human rights, 4) global Internet governance efforts must ensure that national governments do not control and restrict abilities of citizens to express through digital means, and it should be aligned with the universal human rights agenda, and 5) even after 5 years of the IGF process, a wider participation of civil society organizations, especially from the Asia-Pacific regions, remains an unachieved goal, which can only be achived if specific resources are allocated and processes are implemented (IGF 2010).

Internet Censorship and Civil Society Responses

Throughout the decade of 2000-2010, censorship of Internet and restriction of digital expression remained a crucial Internet rights concern across the world, and especially the Asian countries. One of the earliest global reports on the matter was brought out by the Reporters without Borders. In 2006, it published a list of countries marked as 'Internet Enemies' that featured 16 countries, out of which 11 were from Asia: China, Iran, Maldives, Myanmar (then, Burma), Nepal, North Korea, Saudi Arabia, Syria, Turkmenistan, Uzbekistan, and Vietnam (Reporters without Borders 2006). The list was updated in 2007, and three of these countries – Libya, Maldives, and Nepal – were taken off (Ibid.). The unique contradictions of the Asian region were sharply foregrounded in the 2006-07 report on Internet censorship by OpenNet Initiative, which noted:

Some of the most and least connected countries in the world are located in Asia: Japan, South Korea, and Singapore all have Internet penetration rates of over 65 percent, while Afghanistan, Myanmar, and Nepal remain three of thirty countries with less than 1 percent of its citizens online. Among the countries in the world with the most restricted access, North Korea allows only a small community of elites and foreigners online. Most users must rely on Chinese service providers for connectivity, while the limited number North Korean–sponsored Web sites are hosted abroad... [T]hough India’s Internet community is the fifth largest in the world, users amounted to only about 4 percent of the country’s population in 2005. Afghanistan, Myanmar, and Nepal are among the world’s least-developed countries. Despite the constraints on resources and serious developmental and political challenges, however, citizens are showing steadily increasing demand for Internet services such as Voice-over Internet Protocol (VoIP), blogging, and chat. (Wang 2007)

The report further described the strategy used by various Asian governments of 'delegation of policing and monitoring responsibilities to ISPs, content providers, private corporations, and users themselves' (Ibid.) These mechanisms enforce self-surveillance and self-censorship in the face of threats of loss of commercial license, denial of services, and even criminal liability. Defamation suits and related civil and criminal liability have also been used by several Asian governments to silence influential critics and protesters. Direct technical filtering of Internet traffic (especially inwards traffic) and blocking of URLS via government directives sent to Internet Service Providers (ISPs) have also been common practice in key Asian countries (Ibid.). Expectedly, such experiences of oppression led to widespread campaigns and communications by the Asian civil society organizations, as can be sensed from the above mentioned submission by Oliver “Blogie” Robillo at IGF Vilnius.

Among the Asian countries, the comprehensive technologies of censorship developed and deployed by China has been studied most extensively. The Golden Shield Project was initiated by the Ministry of Public Security of China in 1998 to undertake blanket blocking of incoming Internet traffic based on specific URLs and terms. Evidences of the project getting operationalised became available in 2003 (Garden Networks for Freedom of Information 2004). Censorship of Internet in China, however, has not only been dependent on such sophisticated systems. In 2003, it was made mandatory for all residents of Lhasa, Tibet, to use a specific combination and password to access Internet, which was directly linked to their names and address. An Internet ID Card was issued by the government to implement this (International Campaign for Tibet. 2004). Tibet Action Institute has been a key civil society organization at the forefront of cyber-offensive of the Chinese government. A recent documentary by the Institute, titled 'Tibet: Frontline of the New Cyberwar,' has narrated how it has worked closely with the Citizen Lab, Munk School of Global Affairs, University of Toronto, to identify, trace, and resist the malware- and other cyber-attacks experienced by the civil society actors and websites in favor of independence of Tibet (Tibet Action Institute 2015). Not only activists supporting the Tibetan cause, digital security training emerged as an important aspect of the life of civil society organizations during the decade. Asian organizations like Bytes for All (Pakistan) and Myanmar ICT for Development Organization (Mynamar), as well as international organizations like Front Line Defenders and Citizen Lab have educated and supported civil society activities much beyond the Internet governance sphere with tools and techniques for effectively using digital channels of communications, and defending themselves for cyber-threats.

Combination of traditional forms of civil society mobilizations and digital techniques have often been used resist attempts by Asian governments to control the online communication space. Huma Yusuf has extensively studied the emergence of hybrid media strategies, using both old media channels like newspapers and new media channels like blogs and video sharing platforms, among citizen journalists and civil society activists in Pakistan as the government took harsh steps towards control of both traditional and online media during 2007-2008 (Yusuf 2009). She has carefully traced how possibilities of new forms of information and media sharing enabled by Internet were initially identified and implemented by citizen journalists and student activists, which was quickly learned and re-deployed by more formal organisation, such as print and electronic news companies, and civil society organizations like those involved in election monitoring (Ibid.). Malaysia also experienced fast-accelerating face-off between the government and the civil society during 2007-2010, as the former started intervening directly into censoring blogs and newspaper websites. On one hand, the government took legal actions against critical bloggers, either directly or indirectly, and on the other it instructed ISPs to block 'offensive content.' It also borrowed the 'Singapore-model' to mandate registration of bloggers with government authorities, if they are identifed as writing on socio-political topics. The civil society actors responded to these oppressive steps by setting up a new blog dedicated to coverage of the defamation cases (filed against prominent bloggers), and publicly sharing instructions for circumvention of the blocks imposed by ISPs. The National Alliance of Bloggers was soon formed, which organised the “Blogs and Digital Democracy” forum on October 3, 2007 (Thien 2011: 46-47). Similarly, Bloggers Against Censorship campaign took shape in India in 2006 as the government first directed ISPs to block specific blogs hosted on Blogspot, TypePad, and Yahoo! Geocities, and then went for complete blocking of Yahoo! Geocities as the ISPs failed to block specific sub-domains of the platform (Bloggers Collective Group 2006). Learning from this experience, the following year Indian government decided to work directly with Orkut to take down 'defamatory content' about a politician (The Economic Times 2007). This is common for other Asian governments too, as they have continued to develop more legally binding and technically sophisticated measures to monitor and control online expression.

In the 'Internet Enemies Report 2012,' Reporters without Borders listed 12 countries as 'enemies of the Internet,' out of which 10 were from Asia – Bahrain, China, Iran, Myanmar, North Korea, Saudi Arabia, Syria, Turkmenistan, Uzbekistan, and Vietnam – and it named 14 countries that are conducting surveillance on its citizens, out of which 7 were from Asia – India, Kazakhstan, Malaysia, South Korea, Sri Lanka, Thailand, and United Arab Emirates (Reporters without Borders 2012). At the APrIGF held in Tokyo, July 18-20, 2012, a group of delegates from civil society organizations working in the South-East Asian region issued a joint statement with a clear call for global action against the shrinking space for freedom of (digital) expression in the region (Thai Netizen Network et al 2012). They specifically noted the following national acts as examples of the legislative mechanisms being used by different Asian governments to criminalize online speech and/or to harass public dissenters:

Burma – The 2004 Electronic Transactions Act
Cambodia – The 2012 Draft Cyber-Law, the 1995 Press Law, and the 2010 Penal Code
Malaysia – The 2012 Amendment to the Evidence Act and the 2011 Computing Professionals Bill
Indonesia – The 2008 Law on Information and Electronic Transaction and the 2008 Law on Pornography
The Philippines – The 2012 Data Privacy Act
Thailand – The 2007 Computer Crimes Act, the Article 112 of the Penal Code, and the 2004 Special Case Investigation Act
Vietnam – The 1999 Penal Code, the 2004 Publishing Law, the 2000 State Secrets Protection Ordinance, and the 2012 Draft Decree on Internet Management. (Ibid.)

The statement was co-signed by Thai Netizen Network, Thai Media Policy Centre, The Institute for Policy Research and Advocacy (ELSAM), Southeast Asian Press Alliance (SEAPA), Southeast Asian Centre for e-Media (SEACeM), Victorius (Ndaru) Eps, Community Legal Education Center (CLEC), Sovathana (Nana) Neang, Asian Forum for Human Rights and Development (FORUM-ASIA), and was endorsed by ICT Watch (Indonesian ICT Partnership Association).

Annexe – Tables

Table 1: Participation from Asian Countries and of representatives from Asian civil society organisations in IGFs, 2006-2010

Event	Participants from Asian Countries	Participants from Civil Society Organizations
IGF Athens 2006	11%	29%
IGF Rio de Janeiro 2007	13%	32%
IGF Hyderabad 2008	56% from India, and 15% from other Asian countries	25%
IGF Sharm El Sheikh 2009	17%	19%
IGF Vilnius 2010	Not Available	Not Available

Source: Reports available on Internet Governance Forum website (http://igf.wgig.org/cms).

Table 2: Internet Society Chapters in Asia

Chapter	Year of Establishment	URL
Afghanistan	In formation	Not available
Bahrain	2001	http://www.bis.org.bh/
Bangladesh	2011	http://www.isoc.org.bd/dhaka/
Hong Kong	2005	http://www.isoc.hk/
India (Bangalore)	2010	http://www.isocbangalore.org/
India (Chennai)	2007	http://www.isocindiachennai.org/
India (Delhi)	2002. Rejuvenated in 2008.	http://www.isocdelhi.in/
India (Kolkata)	2009	http://isockolkata.in/
India (Trivandrum)	2015	Not available
Indonesia	2014	http://www.isoc.or.id/
Israel	1995	http://www.isoc.org.il/
Japan	1994	http://www.isoc.jp/
Lebanon	2010	http://www.isoc.org.lb/
Malaysia	2010	http://www.isoc.my/
Nepal	2007	http://www.internetsociety.org.np/
Pakistan (Islamabad)	2013	http://www.isocibd.org.pk/
Palestine	2002	http://www.isoc.ps/
Philippines	1999. Rejuvenated in 2009.	https://www.facebook.com/isoc.ph/
Qatar	2011	http://www.isoc.qa/
Republic of Korea	2014	Not available
Singapore	2011	http://isoc.sg/
Sri Lanka	2010	http://www.isoc.lk/
Taipei	1996	http://www.isoc.org.tw/
Thailand	1996	http://www.isoc-th.org/
United Arab Emirates	2007	http://www.isocuae.com/
Yemen	2013	http://isoc.ye/

Source: Details of chapters available on Internet Society website (http://www.internetsociety.org/).

Reference

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Asia Pacific Regional Internet Governance Forum (APrIGF). 2010. APrIGF Roundtable – June 15th, 2010: Session 1 – Welcome Remarks and Introduction – Real Time Transcript. Accessed on July 08, 2015 from http://2010.rigf.asia/aprigf-roundtable-june-15th-2010-session-1/.

Bloggers Collective Group. 2006. Bloggers Against Censorship. Last updated on April 30, 2009‎. Accessed on July 08, 2015, from http://censorship.wikia.com/wiki/Bloggers_Against_Censorship.

Civil Society Internet Governance Caucus. 2006. Internet Governance Caucus Charter. October 14. Accessed on July 08, 2015, from http://igcaucus.org/old/IGC-charter_final-061014.html.

Civil Society Internet Governance Caucus. 2008a. Inputs for the Open IGF Consultation, Geneva, 26th February, 2008 – Statement II: Main Session Themes for IGF, Hyderabad. February 26. Accessed on July 08, 2015, from http://igcaucus.org/old/IGC%20-%20Main%20themes%20for%20IGF%20Hyd.pdf.

Civil Society Internet Governance Caucus. 2008b. Inputs for the Open IGF Consultation, Geneva, 26th February, 2008 – Statement III: Renewal / Restructuring of Multi-stakeholder Advisory Group. February 26. Accessed on July 08, 2015, from http://igcaucus.org/old/IGC%20-%20MAG%20Rotation.pdf.

Desai, Nitin, et al. 2005. Report of the Working Group on Internet Governance. United June. Accessed on July 08, 2015 from http://www.wgig.org/docs/WGIGREPORT.pdf.

Garden Networks for Freedom of Information. 2004. Breaking through the “Golden Shield.” Open Society Institute. November 01. Accessed on July 08, 2015 from https://www.opensocietyfoundations.org/sites/default/files/china-internet-censorship-20041101.pdf.

George, Susanna. 2002. Women and New Information and Communications Technologies: The Promise of Empowerment. Presented at The World Summit on the Information Society: An Asian Response Meeting, November 22-24. Accessed on July 08, 2015 from http://www.wsisasia.org/materials/susanna.doc/.

Gurumurthy, Anita, & Parminder Jeet Singh. 2005. WSIS PrepCom 2: A South Asian Perspective. Association for Progressive Communications. April 01. Accessed on July 08, 2015, from https://www.apc.org/en/news/hr/world/wsis-prepcom-2-south-asian-perspective.

Internet Governance Forum (IGF). 2006. Athens 2006 – List of Participants. Accessed on July 08, 2015, from http://www.intgovforum.org/PLP.html.

Internet Governance Forum (IGF). 2008. Arrangements for Internet Governance, Global and National/Regional. IGF Hyderabad, India. December 5. Accessed on July 08, 2015, from https://web.archive.org/web/20130621205004/http://www.intgovforum.org/cms/hyderabad_prog/AfIGGN.html [Original URL: http://www.intgovforum.org/cms/hyderabad_prog/AfIGGN.html].

Internet Governance Forum (IGF). 2009. Taking Stock and Looking Forward – On the Desirability of the Continuation of the Forum, Part II. IGF Sharm El Sheikh, Egypt. November 18. Accessed on July 08, 2015, from http://www.intgovforum.org/cms/2009/sharm_el_Sheikh/Transcripts/Sharm%20El%20Sheikh%2018%20November%202009%20Stock%20Taking%20II.txt.

Internet Governance Forum (IGF). 2010. Taking Stock of Internet Governance and the Way Forward. IGF Vilnius, Lithuania. September 17. Accessed on July 08, 2015, from http://igf.wgig.org/cms/component/content/article/102-transcripts2010/687-taking-stock.

International Campaign for Tibet. 2004. Chinese Authorities Institute Internet ID Card System in Tibet for Online Surveillance. April 30. Accessed on July 08, 2015, from http://www.savetibet.org/chinese-authorities-institute-internet-id-card-system-in-tibet-for-online-surveillance/.

International Telecommunication Union (ITU). 2003a. PrepCom-2 / 17-28 February 2003 – Final List of Participants. February 28. Accessed on July 08, 2015, from http://www.itu.int/wsis/participation/prepcom2/prepcom2-cl.pdf.

International Telecommunication Union (ITU). 2003b. Geneva Phase of the WSIS: List of Participants. Accessed on July 08, 2015, from http://www.itu.int/wsis/docs/geneva/summit_participants.pdf.

Jain, Rekha. 2006. Participation of Developing Countries in the World Summit on the Information Society (WSIS) Process: India Case Study. Association for Progressive Communications. March. Accessed on July 08, 2015 from http://rights.apc.org/documents/wsis_india.pdf.

Reporters without Borders. 2006. List of the 13 Internet Enemies. Last updated on August 28, 2007. Accessed on July 08, 2015 from http://en.rsf.org/list-of-the-13-internet-enemies-07-11-2006,19603.

Reporters without Borders. 2012. Internet Enemies Report 2012. Accessed on July 08, 2015 from http://en.rsf.org/IMG/pdf/rapport-internet2012_ang.pdf.

Souter, David. 2007. WSIS and Civil Society. In: Whose Summit? Whose Information Society? Developing Countries and Civil Society at the World Summit on the Information Society. With additional research by Abiodun Jagun. Association for Progressive Communications. Pp. 72-89. Accessed on July 08, 2015 from http://rights.apc.org/documents/whose_summit_EN.pdf.

Thai Netizen Network et al. 2012. Southeast Asian Civil Society Groups Highlight Increasing Rights Violations Online, Call for Improvements to Internet Governance Processes in the Region. Statement of Civil Society Delegates from Southeast Asia to 2012 Asia-Pacific Regional Internet Governance Forum (APrIGF). July 31. Accessed on July 08, 2015 from https://freedomhouse.org/sites/default/files/AprIGF-Joint%20Statement-FINAL.pdf.

The Economic Times. 2007. Orkut's Tell-All Pact with Cops. May 01. Accessed on July 08, 2015 from http://articles.economictimes.indiatimes.com/2007-05-01/news/28459689_1_orkut-ip-addresses-google-spokesperson.

The World Summit on the Information Society: An Asian Response. 2002. Final Document. Accessed on July 08, 2015 from http://www.wsisasia.org/materials/finalversion.doc.

Thien, Vee Vian. 2011. The Struggle for Digital Freedom of Speech: The Malaysian Sociopolitical Blogosphere’s Experience. In: Ronald Deibert et al. (eds.) Access Contested. OpenNet Initiative. Pp. 43-63. Accessed on July 08, 2015 from http://access.opennet.net/wp-content/uploads/2011/12/accesscontested-chapter-03.pdf.

Tibet Action Institute. 2015. Tibet: Frontline of the New Cyberwar. YouTube. January 27. Accessed on July 08, 2015 from https://www.youtube.com/watch?v=yE3AQqbGVkk.

UNSAJ et al. 2003. Civil Society Observations and Response to the Tokyo Declaration. Asia-Pacific Regional Conference on the World Summit on the Information Society. January 15. Accessed on July 08, 2015 from http://www.wsisasia.org/wsis-tokyo/tokyo-statement.html.

Wang, Stephanie. 2007. Internet Filtering in Asia in 2006-2007. OpenNet Initiative. Accessed on July 08, 2015, from https://opennet.net/studies/asia2007.

WSIS Civil Society Internet Governance Caucus. 2005. Initial Reactions to the WGIG Report. Contribution from GLOCOM on behalf of the WSIS Civil Society Internet Governance Caucus. July 19. Accessed on July 08, 2015, from www.itu.int/wsis/%20docs2/pc3/contributions/co23.doc.

WSIS Civil Society Plenary. 2003. “Shaping Information Societies for Human Needs” – Civil Society Declaration to the World Summit on the Information Society. December 8. Accessed on July 08, 2015, from http://www.itu.int/wsis/docs/geneva/civil-society-declaration.pdf.

WSIS Civil Society Plenary. 2005. “Much more could have been achieved” – Civil Society Statement on the World Summit on the Information Society. December 18. Accessed on July 08, 2015, from https://www.itu.int/wsis/docs2/tunis/contributions/co13.pdf.

WSIS Civil Society Subcommittee on Content and Themes. 2003a. “Seven Musts”: Priority Principles Proposed by Civil Society. February 25. Accessed on July 08, 2015, from http://www.movimientos.org/es/foro_comunicacion/show_text.php3%3Fkey%3D1484.

WSIS Civil Society Subcommittee on Content and Themes. 2003b. Final Report on Prepcom-2 Activities of the Civil Society on Content and Themes. March 27. Accessed on July 08, 2015, from http://www.itu.int/wsis/docs/pcip/misc/cs_sct.pdf.

WSIS Executive Secretariat. 2003. Report of the Asia-Pacific Regional Conference for WSIS (Tokyo, 13-15 January 2003). WSIS. Accessed on July 08, 2015, from http://www.itu.int/dms_pub/itu-s/md/03/wsispc2/doc/S03-WSISPC2-DOC-0006!!PDF-E.pdf.

Yusuf, Huma. 2009. Old and New Media: Converging during the Pakistan Emergency (March 2007 - February 2008). MIT Centre for Civic Media. January 12. Accessed on July 08, 2015, from https://civic.mit.edu/blog/humayusuf/old-and-new-media-converging-during-the-pakistan-emergency-march-2007-february-2008.

For more details visit https://cis-india.org/raw/civil-society-organisations-and-internet-governance-in-asia-open-review

Digital Activism in Asia Reader

sumandro — 2015-10-24T14:36:44Z

The digital turn might as well be marked as an Asian turn. From flash-mobs in Taiwan to feminist mobilisations in India, from hybrid media strategies of Syrian activists to cultural protests in Thailand, we see the emergence of political acts that transform the citizen from being a beneficiary of change to becoming an agent of change. In co-shaping these changes, what the digital shall be used for, and what its consequences will be, are both up for speculation and negotiation. Digital Activism in Asia marks a particular shift where these questions are no longer being refracted through the ICT4D logic, or the West’s attempts to save Asia from itself, but shaped by multiplicity, unevenness, and urgencies of digital sites and users in Asia. It is our great pleasure to present the Digital Activism in Asia Reader.

The Book

The Reader took shape over two workshops with a diverse range of participants, including activists, change-makers, and scholars, organised by the Researchers at Work (RAW) programme in June 2014 and March 2015. During the first workshop, the participants identified the authors, topics, and writings that should be included/featured in the reader, based upon their relevance in the grounded practices of the participants, who came from various Asian countries. The second workshop involved open discussions regarding how the selected readings should be annotated, from key further questions to strategies of introducing them, followed by development of the annotations by the participants of the workshop. The full list of contributors, annotators, and editors is mentioned at the end of the book.

We are grateful to the Meson Press for its generous and patience support throughout the development process of the book.

Please download, read, and share this open-access book from the Meson Press website.

The Reader has been edited by Nishant Shah, P.P. Sneha, and Sumandro Chattapadhyay, with support from Anirudh Sridhar, Denisse Albornoz, and Verena Getahun.

Excerpt from the Foreword

Compiling this Reader on Digital Activism in Asia is fraught with compelling challenges, because each of the key terms in the formulation of the title is sub-ject to multiple interpretations and fierce contestations. The construction of ‘Asia’ as a region, has its historical roots in processes of colonial technologies of cartography and navigation. Asia was both, a measured entity, mapped for resources to be exploited, and also a measure of the world, promising anorientation to the Western World’s own turbulent encounters. As Chen Kuan-Hsing points out in his definitive history of the region, Asia gets re-imagined as a ‘method’ in cold-war conflicts, becoming the territory to be assimilated through exports of different ideologies and cultural purports. Asia does not have its own sense of being aregion. The transactions, interactions, flows and exchanges between different countries and regions in Asia have been so entirely mediated by powers of colonisation that the region remains divided and reticent in its imagination of itself. However, by the turn of the 21st century, Asia has seen a new awakening. It finds a regional identity, which, surprisingly did not emerge from its consolidating presence in global economics or in globalised structures of trade and commerce. Instead, it finds a presence, for itself, through a series of crises of governance, of social order, of political rights, and of cultural productions, that binds it together in unprecedented ways.

The digital turn might as well be marked as an Asian turn, because with the new networks of connectivity, with Asian countries marking themselves as informatics hubs, working through a circulated logic of migrant labour and dis-tributed resources, there came a sense of immediacy, proximity, and urgencythat continues to shape the Asian imagination in a new way. In the last decade or so, the rapid changes that have emerged, creating multiple registers of modernity, identity, and community in different parts of Asia, accelerated by a seamless exchange of ideas, commodities, cultures, and people have created a new sense of the region as emerging through co-presence rather than competition and conflict. Simultaneously, the emergence of global capitals of information, labour and cultural export, have created new reference points by which the region creates its identities and networks that are no longer subject to the tyranny of Western hegemony...

While the digital remains crucial to this shaping of contemporary Asia, both in sustaining the developmental agenda that most of the countries espouse, and in opening up an inward looking gaze of statecraft and social organisation, the digital itself remains an ineffable concept. Largely because the digital is like a blackbox that conflates multiple registers of meaning and layers of life, it becomes important to unengineer it and see what it enables and hides. The economic presence of the digital is perhaps the most visible in telling the story of Asia in the now. Beginning with the dramatic development of Singapore as the centre of informatics governance and the emergence of a range of cities from Shanghai to Manilla and Bangalore to Tehran, there has been an accelerated narrative of economic growth and accumulation of capital that is often the global face of the Asian turn. However, this economic reordering is not a practice in isolation. It brings with it, a range of social stirrings that seek to overthrow traditional structures of oppression, corruption, control, and injustice that have often remained hidden in the closed borders of Asian countries. However, the digital marks a particular shift where these questions are no longer being excavated by the ICT4D logic, of the West’s attempts to save Asia from itself. These are questions that emerge from the ground, as more people interact with progressive and liberal politics and aspire not only for higher purchase powers but a better quality of rights. The digital turn has opened up a range of social and political rights based discourses, practices, and movements, where populations are holding their governments and countries responsible, accountable, and culpable in the face of personal and collective loss and injustice...

In the face of this multiplicity of digital sites and usages that are reconfiguring Asia, it is obvious then, that the very nature of what constitutes activism is changing as well. Organised civil society presence in Asia has often had a strong role in shaping modern nation states, but more often than not these processes were defined in the same vocabulary as that of the powers that they were fighting against. Marked by a strong sense of developmentalism and often working in complement to the state rather than keeping a check on the state’s activities, traditional activism in Asia has often suffered from the incapacity to scale and the inability to find alternatives to the state-defined scripts of development, growth and progress. In countries where literacy rates have been low, these movements also suffer from being conceived in philosophical and linguistic sophistry that escapes the common citizen and remains the playground of the few who have privileges afforded to them by class and region. Digital Activism, however, seems to have broken this language barrier, both internally and externally, allowing for new visualities enabled by ubiquitous computing to bring various stakeholders into the fray... At the same time, the digital itself has introduced new problems and concerns that are often glossed over, in the enthralling tale of progress. Concerns around digital divide, invasive practices of personal data gathering, the nexus of markets and governments that install the citizen/consumer in precarious conditions, and the re-emergence of organised conservative politics are also a part of the digital turn. Activism has had to focus not only on digital as a tool, but digital also as a site of protest and resistance...

The Reader does not offer an index of the momentous emergence with the growth of the digital or a chronological account of how digital activism in Asia has grown and shaped the region. Instead, the Reader attempts a crowd-sourced compilation that presents critical tools, organisations, theoretical concepts, political analyses, illustrative case-studies and annotations, that an emerging network of changemakers in Asia have identified as important in their own practices within their own contexts.

For more details visit https://cis-india.org/raw/digital-activism-in-asia-reader

Mock-Calling – Ironies of Outsourcing and the Aspirations of an Individual

Sreedeep — 2015-08-06T05:00:33Z

This post by Sreedeep is part of the 'Studying Internets in India' series. He is an independent photographer and a Fellow at the Centre for Public Affairs and Critical Theory, Shiv Nadar University, Delhi. In this essay, Sreedeep explores the anxieties and ironies of the unprecedented IT/BPO boom in India through the perspective and experiences of a new entrant in the industry, a decade ago. The narrative tries to capture some of the radical hedonistic consequences of the IT-burst on our lifestyles, imagination and aspirations delineated and fraught with layers of conscious deception and prolonged probation.

best start (the advertisement)

In the darkest hours of night, they remain awake serving some other continent across the oceans.
The sparkling exterior complements the sleeplessness.

Colorful half-pagers listing job openings in dedicated sections of dailies for the ‘educated’ and ‘experienced’ have been common in post liberalized India. When the eyes cruise through the various logos and offerings of the MNCs in these over populated pages, one gets reminded of a decade when the front, back, and inside pages of newspaper supplements overflowed with job offerings in the lowest ranks of the IT. BPO vacancies which littered the folios primarily sought to lure fresh college pass-outs ‘proficient in English’. Back then, one was yet getting familiar with names such as ‘Convergys’, ‘Daksh’, ‘Global-Vantage’, ‘EXL’, ‘Vertex’. It made one wonder why they needed so many people to ‘walk-in’ week after week, and how they made thousands of ‘on the spot offers’ with ‘revised salaries’ following ‘quick and easy interviews’ and ‘fastest selection processes’. What these selected people actually did, once they got in, was another mystery altogether.

Some of these MNCs promising nothing short of a ‘best start’ to one’s career, that too with the ‘best starting salaries for a fresher’, often came to college campuses for recruitment. They conducted large scale interviews and generously granted immediate offer-letters to final-year students, at the end of each academic year. I happily overlooked the (fine) print, the text, design, and all the other details of these BPO ads. In fact, I never bothered to figure out what the acronym meant till such time when I was in desperate need for a gadget make-over. My age old Range-Finder camera deserved to be disposed and displaced by a Digital SLR. That was the summer of 2003...

The iconic ship building of Convergys – one of the first amongst the many that stood alone fifteen years ago, surrounded by far-‐away sketches of multistoried constructions and a cyber-‐hub that was yet to be born and the eight lane highway leading to Jaipur, about to be built beside it.

say something more about yourself (the interview)

Call flow and traffic flow is fast and furious both inside and outside such centers of info-exchange and mega-data transmissions every second every day.

“You have mentioned in this form that your aim is to ‘do something different’. How would you relate that to your decision to work in a call center?” I was asked.

I had given more than couple of interviews, to get rejected on both occasions, and by then had realized what exactly they preferred to hear and the kind of profile that they wanted to hire. I was in no mood to miss my lunch and waste another day in the scorching heat traveling to one of these hotels where the interviews were conducted. I was tired of waiting for hours sipping cold water and looking at formally dressed men and women being dumped from one room to another – going through a series of eliminating rounds before reaching the interview stage, when they politely conveyed “…thank you very much, you may leave for now, we’ll get back to you…”, especially, to all those lacking a ‘neutral English accent'.

On the first occasion, I took great pleasure and interest in observing every bit of it. On the second, I was getting a hang of it. On the third, I felt like a school kid appearing for an oral examination at the mercy of the schoolmaster and was perennially requested at every step to say something (more) about oneself. But, I had no grudges. Neither the posh ambience nor the polite attitude of the employers towards hundreds of candidates walking-in everyday was comparable with the interview-scene of Ray’s ‘Pratidwandi’ [1]. The scene was acting out in reverse. Now they needed us (in bulk) more than we needed them. Any English-speaking dude eager to believe in the promises of the new-age-profession, even with less or ordinary qualifications, or with no desires to seek further qualifications, was in great demand, like never before.

On the fourth occasion, I thought that I had my answers ready.

“Well, your CV suggests something else. Why don’t you contemplate choosing a creative profession?”

The extra curricular activities’ column on my CV was getting reduced in size with each passing interview that I chose to face. Later I felt that I could have said something else instead of answering, “Madam, I am from a middle-class family, where creativity is not given much space beyond a point.”

I was reminded that I should use her first name instead of uttering ‘Madam’ repeatedly. “But, most of the creative minds come from the middle-class background”, she refuted.

“May be I don’t have much of confidence in my creative abilities.”

The conversation continued for quite long. I did not fall short of sentences to cover up this process of conscious deception. She was busy evaluating my English and was possibly overlooking the content of my answers while making points on a piece of paper as she kept asking questions regarding hobbies, movies, etc. I was asked to listen to men talking in American accent and was instructed to choose between options that summarized the probable conclusion of their conversation. Then I was asked me to wait outside.

The interview with the Senior Process Manager from Pune was supposedly the last round, I was told. A charming voice from across the table made me feel as if he had been waiting to hear from me since the time we met long ago, “So, how is life?”

“Great Sir”.

“Great? You don’t get to hear that too often. Okay, please say something about your self.”

There seemed to be no end to this essential inquiry about ‘the self’ at any stage! I started with my name and ended with my ambition, which was to make a career in a call center.

He must have found it useless to discuss the work profile with me. Truly, I had no idea about what I was supposed to do on the deck. But, I did not miss any chance to convey how keen I was to learn and deliver. This was followed by a discussion on salary, which was short, because as a fresher, I was in no position to bargain.

While passing the offer letter, the HR lady formally made a point to emphasize the formal dress code in the office. Looking back, I presume it was my appearance that prompted her to state the code. With the hair almost touching the shoulders, and a face not shaven for more than a month, the loose fit denims incapable of keeping the shirt tucked, I must have made a sufficient impression to instigate concern in her mind, although unknowingly. Jaswindar (the man who thought smoking bidi in the lawns of the corporate cathedral is quite cool) replied, “I don’t have any formal wear. Does the company pay any advance for buying some?”

Cyber Hub @ midnight – the nerve centre of several corporates.

what if they find out (the first day)

Even sky is not the limit. The exchange of information and its pace defies border – political or physical.

A cold current ran through the spine of several candidates, especially the first timers, with every signature they put on the bottom left of each page of the agreement of the terms and conditions that required them to be graduates. Obviously, quite a few of them were not graduates. What if they found out that they were not? But they did not. I guess, they never cared to verify the certificates enclosed in the pink file. Nor did they care to figure out what happened to those tax-forms, provident fund forms, insurance forms signed and submitted by the 124 employees joining job on the 9th of June. Lengthy spells of instructions related to form-filling on the first day were forgotten, as most of them were happily distracted or disinterested. The crowd was busy checking out each other – the vending machine and its options, the fancy phone and its features – also enquiring or narrating previous call center experiences, the hassle in missing or getting the first pick-up for the day...

While these strangers were desperate to know or let the others know ‘something more about themselves’, the junior officials instructing us ‘where to tick’, ‘what to remember’, ‘how to write’, ‘when to stop’ were not in a position to exhibit how irritated they were with the tough task of managing so many recruits. Things got even worse with the daylong induction lectures on training, transport, finance, assets, ‘our motifs’ and ‘your expectations’, ‘your contribution’ and ‘our expectations’. Thankfully, there was good lunch, free internet access (quite unthinkable in those days of expensive cyber cafes) and AC cabs to follow. I fancied my relief from the heat and hostel food for the next few weeks of my paid holiday without any sense of remorse.

The Convergys building (now taken over by Vedanta) on a full moon night. The plush lawns used to be a breeding ground for generating dust haze. The compound is highly protected/exclusive zone. Epitome of global connectivity ensures complete disconnection with the local surroundings.

my camera vs their camera (getting trained)

The ever-expanding city with all its imposed notions of urbanity on an area essentially rural leaves no scope for the evolution of the public space. On the contrary, any space outside the strict confines of these gated nations/notions invite threats of the highest order or at least it is perceived to be so.

What if they find out? No, they didn’t.

For the next one and a half months, we loitered around in the mornings, nights, evenings, and graveyard shifts of the classrooms and cafés (though not in every corner as mobility was highly restricted and under severe surveillance), at times enjoying and at times sleeping through the training sessions, impatiently waiting for the salary to get transferred to the Citi Bank account which they had opened for us to be swiped-out the moment the money arrived. Their surveillant eyes were not technologically advanced enough to guess the respective reasons to take up the job casually and remain appointed before absconding. A host of young fellas kept counting the number of day remaining:

While the trainer with 3 kids in 7 years (now needing one more) with a ‘do it or I’ll make you do it’ attitude reminded us that prostitution is oldest customer care service, and the role of a customer care executive is one of the most prestigious ones and definitely not deplorable just because we work at night (as do the docs and cops).
While listening to the trainees whose primary interests varied from stock exchange to cooking for the wife to horse breeding and extending till the ‘search for truth in Himalayas’. In a free speech session in VNA (Voice and Accent Training), fitness was synonymous with Baba Ramdev for some folks and euthanasia meant mass-killing. And what about capital-punishment? “Would have known if I attended the college debates”, someone proudly said. The trainer was kind to say “Then talk about censorship”. The girl with colored hair was quick to question, “Is that an automated cruise?”
While cruising through the consonants, diphthongs, vowel sounds, and imported ‘modules’, rapid ‘mock-calls’ and learning to intonate. We bit the ‘B’s, kissed the ‘W’s and by the time we rolled the ‘R’s, reached the soft ‘T’s and faded ‘P’s, I felt that the next big revolution was here. Tongue, lip, throat, teeth tried their level best to ape the ones across the Atlantic to the norms of their phonetic culture.
While obviously not uttering the obvious that this entire system was a consequence of service being subcontracted to places where establishment and labour costs were way more cheaper.

Walls can guard the flow of trespassers but the walls can rarely be guarded against the practice of public urination. An employee relieves himself in the middle of a graveyard shift on his way back after a quick smoke during the miserly half an hour break.

keeping balance (the absconding case & the attrition list)

The building came first as isolated blocks of self-sufficient units generating its own electricity and meeting its own needs. The infrastructure external and essential to its sustenance is still in its nascent stage.

In between the lines of the Punjabi beats in the moving cab or Pearl Jam playing on the i-pod in full volume to resist the former; before and after ‘hi bro’, ‘hey dude’, ‘yo man’, ‘yap buddy’; from weekend masti to an inspirational night-out, we constantly juggled with call-center jargon and silently yapped about:

How to revolt against ‘IST’ (Indian Stretchable Time)
Why the ‘pick-up time’ hadn’t been SMSed yet
Why the fucking cab driver did not come fucking five fucking minutes earlier
How often to ‘login’ early and ‘logout’ late
Why the ‘systems were running slow’
What should be the perfect ‘call-opening’ and ‘call ending’
How to handle ‘high call flow’
How to ‘sale’ a product to the ‘disinterested customer’
How to ‘appease’ the dissatisfied ‘enquiring consumers’
How to ‘empathize’ with an ‘irate customer’
How to keep the ‘call control’ while making the customer feel empowered
How to avoid ‘escalating’ the call
How to make full use of the two ‘fifteen minutes breaks’ and one ‘half hour break’
Why not to say – “I am sorry to hear that” – to a recently divorced customer
Whom to give the extra food coupons
What to do to in order to know when your calls are being monitored
How to reduce the ‘AHT’ (Average Handling Time)
How to increase the ‘C.Sac’ (Customer Satisfaction) scores
Why not to take two ‘consecutive weekend-offs’
What to write in the ‘feed-back forms’
Which friend should be referred to get compensated for the ‘referral’ before leaving the job
What else could be done to maximize ‘P4P’ (Pay for Performance)

Soon after swiping the card and clearing the balance, many of us became what they called, ‘an absconding case’ and added our names to the ‘attrition list’. The ‘cost-effective-labour’ (not ‘cheap labor’), stopped coming to office just before ‘hitting the (production) floor’ without bothering to formally say a bye, and without multiplying the hundreds of dollars that their clients had invested in our training and maintenance. Some of us had to get back to our colleges, which had re-opened. The others either complained about the team-leader or the work pressure till the time they got a call from some other call-center across the road offering a slight increment, but the same work. Others changed jobs as they habitually did twice or thrice a year to acquire a new ambience and acquaintances only to get bored yet again. One chap was smart enough to hold two offices simultaneously. The rest either perished without a trace or sat on the same chair hoping to climb the ‘vertical ladder’ by pleasing the bosses and putting more working hours while executing the ‘communicative tools’ and ‘navigation skills’ that they remembered from the training days. They were the ones the industry hoped to retain. They were also the ones too particular about their performance. Habitual consumption and consistent conflicts between the personal mornings/mourning and the professional nights took a consistent toll.

The city sleeps. Metros come to halt. Signs of human existence disappear. But thousands of people continue with the calls in each floor of these buildings answering queries and collecting unpaid amounts catering to a different time zone altogether.

Different floors and different corners of the same floor cater to different clients across the globe.

after-call wrap-up (remains of the flirtatious feed-back)

I-cards hung like nameplates around the neck all the time along with codes that were generated from the distant land. Punching these plastic cards ensured automated entry, strictly confined to those floors where we had some business. Forgetting to carry them required prolonged human intervention to convince the security that we did deserve to get in. Losing it lead to penalty. Hiding/absconding beneath one of the many call center note-pads I found the Separation Clause 4b: “upon separation from the company, you will be required to immediately return to the company, all assets and property including documents, files, book, papers and memos in your possession.”

The termination clause 6.b.i. of one of the appointment letters stated - “During the probation period you are liable to be discharged from the company’s service at any time without any notice and without assigning any reason”. But I guess the employees left the company more often without any notice or assigning any reasons. The company, most often, had no answers for this unwanted discharge to its owners across the oceans. IT abroad/onboard was not advanced enough to predict/prevent people who made the industry look like a make-shift arrangement; a probation that would rarely lead to permanence.

A common sight of fleet of cabs (a service which is outsourced to external vendors) outside the building waiting for scheduled drops and pick-ups.

is there anything else that I can do to help you/me

As the piling debris suggest infrastructural work perennially in progress.

Between the cafeteria cleaned once every hour and the adjacent murky road side dhaba; between the latest cars in the parking lot and the rickshaws waiting for those who couldn’t yet afford to pay the car-installment; between the fiber-glass windows and the jhopris (visible once the curtains were lifted) – new heights were achieved and new targets were set that were globally connected, locally disconnected.

In a site, which is otherwise devoid of consistent water supply, electricity and public transport (running it servers on generators 24X7), the vertical-limits of the translucent fiber glass and false roofs prepare the suburbs. The soothing cubicles confirm to the global standards of ‘how a city ought to look’ from a distance.

Just like the enormous demands of the IT industry, which has created its support sectors (catering, security, transport, house-keeping etc) to stray around the BPOs trying to extract their share of profit, I moved around its orbit as well for some time. Why and how there is a bit of BPO in most my creative endeavors and in the purchase of digital devices between 2003-2008 doesn’t require any further explanation.

I got better and better with my mock-calls.

Surrounded by the debris of development and standing tall with its emphatic presence, such an imposing architecture seems like a myth that constantly challenges the harsh realities that envelop it. The pillared peak is so representative of its desire to remain connected with the ‘distant-impossible’ 24x7.

Endnote

[1] The protagonist in the film violently revolted against the lack of basic amenities in the interview-space and against the idea of calling so many people for just a couple of vacancies, when people were expected to be selected not on the basis of merit, anyway.

The post, including the text and the photographs, is published under Creative Commons Attribution 4.0 International license, and copyright is retained by the author.

For more details visit https://cis-india.org/raw/blog_mock-calling

Studying the Emerging Database State in India: Notes for Critical Data Studies (Accepted Abstract)

sumandro — 2015-11-13T05:54:53Z

"Critical Data Studies (CDS) is a growing field of research that focuses on the unique theoretical, ethical, and epistemological challenges posed by 'Big Data.' Rather than treat Big Data as a scientifically empirical, and therefore largely neutral phenomena, CDS advocates the view that data should be seen as always-already constituted within wider data assemblages." The Big Data and Society journal has provisionally accepted a paper abstract of mine for its upcoming special issue on Critical Data Studies.

Introduction

Through the last decade, the Government of India has given shape to an digital identification infrastructure, developed and operated by the Unique Identification Authority of India (UIDAI). The infrastructure combines the task of assigning unique identification numbers, called Aadhaar numbers, to individuals submitting their biometric and demographic details, and the task of authenticating their identity when provided with an Aadhaar number and associated data (biometric data, One Time Pin sent to the pre-declared mobile number, etc.). The aim of UIDAI is to provide universal authentication-as-a-service for all residents of India who approach any public or private agencies for any kind of service or transaction. Simultaneously, the Aadhaar numbers will function as unique identifiers for joining up databases of different government agencies, and hence allow the Indian government to undertake big data analytics at a governmental scale, and not only at a departmental one.

In this paper, I am primarily motivated by the challenge of finding points and objects to enter into a critical study of such an in-progress data infrastructure. As I proceed with an understanding that data is produced within its specific social and material context, the question then is to read through the data to reflect on its possible social and material context. This is complicated when approaching a big data infrastructure that is meant to produce data for explicitly intra-governmental consumption and circulation. The problem then is not one of reading through available big data, but one of reading through the assemblage and imaginaries of big data to reflect on the kind of data it will give rise to, and thus on the politics of the data assemblage and the database state it enables.

Logic of the Database State

Application of data to inform governmental acts have taken place at least since government has been understood as responsible for the welfare of the population and the territory. The measurement of the population and the territory – the number of people, their demographic features, amounts and locations of natural resources, and so on – have always been integral to the functioning of the modern nation-state. Database state is used in this paper to identify a particular mode of mobilisation of data within governmental acts, which is fundamentally shaped by the possibilities of big data extraction, appropriation, and analytics pioneered by a range of companies since late 1990s. The reason for not using big data state but database dtate is that big data refers to a body of technologies emerging in response to a set of data management and analysis challenges situated in a certain moment of development of information technologies, whereas database refers to a symbolic form (Manovich 1999): a form in which not only the population is made visible to the government (as a collection of visual, textual, numeric, and other forms of records), but also how the acts of government are made visible to the population (as a collection of performance indicators, budget allocation and utilisation tables, and other data visualised through dashboards, analog and digital).

The data production and management logic of this database state is specifically inspired by the notion of platform introduced by the so-called Web 2.0 companies: providing a common service layer upon which various other applications may also run, but under specific arrangements (including distribution of generated user data) with the original common layer provider. Data assemblages of the database state are expected to enable the government to function as a platform, as an intensely data-driven layer that widely gathers data about population individuals and feeds it back selectively to various providers of public and private services. This transforms the data assemblage from one vertical of governmental activities to a horizontal critical infrastructure for modularisation of governmental activities.

Studying the Emerging Database State in India

Government of India is presently debating the legal and technical validity of the digital identity infrastructure programme in the Supreme Court, while simultaneously carrying out the enrollment drive for the same, linking up assignment of unique identity numbers with a national drive for population registration, and rolling out citizen-facing services and applications that implement the Aadhaar number as a necessary key to access them. With the enrollment process going on and the integration with various governmental processes (termed seeding by Aadhaar policy literature) just beginning, I enter this study through two key sets of objects reflecting the imaginaries and the technical specifications of the emerging database state in India. The first entry point is through the various official documents of vision, intentions, plans, and reconsiderations, and the second entry point is through the Application Programming Interface (API) documentations published by UIDAI to specify how its identity authentication platform will collaborate with various public and private services.

The first section of the paper provides a brief survey of pre-UIDAI attempts by the Government of India to deploy unique identification numbers and Smart Cards for specific population groups, so as to understand the initial conceptualisation of this data assemblage of a digital identification platform. The second section foregrounds how this platform undertakes a transformation of the components and relations of the pre-existing data assemblage of the Government of India, as articulated in various official documents of promised utility and proposed collaborations. The third section studies the API documentations to track how such imaginaries are materially interpreted and operationalised through the design of protocols of data interactions with various public and private agencies offering services utilising the identity authentication platform.

Notes for Critical Data Studies

Expanding the early agenda note on Critical Data Studies by Craig Dalton and Jim Thatcher (2014), Rob Kitchin and Tracey P. Lauriault have taken steps towards emphasising the responsibility of this nebulous research strategy to chart and unpack the data assemblages (2014). This is exactly what I propose to do in this paper. While Kitchin and Lauriault provide a detailed list of the components of the apparatus of a data assemblage (2014: 7), I find the concepts of infrastructural components and infrastructural relations very useful in thinking through the emerging infrastructure of authentication. Thus, my approach to these tasks of charting and unpacking is focused on the infrastructural relations that the digital identity infrastructure re-configures, instead of the infrastructural components it mobilises (Bowker et al 2010). This tactical choice of focusing on the infrastructural relations is also necessitated by the practical difficulty in having comprehensive access to the individual components of the data assemblage concerned. Addressing questions of causality and quality becomes difficult when studying the assemblage sans the produced data, and rigorously analysing concerns of security and uncertainty pre-requires an actually existing data assemblage, with a public interface to investigating its leakages, breakages, and internal functioning. In the absence of such points of entry into the data assemblage, which I fear may not be an exceptional case, I attempt an inverted reading. Turning the data infrastructure inside out, in this paper I describe how the digital identity platform is critically reshaping the basis of governmental acts in India, through a specific model of production, extraction and application of big data.

Bibliography

Bowker, Geoffrey C., Karen Baker, Florence Millerand, & David Ribes. 2010. Toward Information Infrastructure Studies: Ways of Knowing in a Networked Environment. Jeremy Hunsinger, Lisbeth Klastrup, & Matthew Allen (Eds.) International Handbook of Internet Research. Springer Dordrecht Heidelberg London New York. Pp. 97-117.

Dalton, Craig, & Jim Thatcher. 2014. What does a Critical Data Studies Look Like, and Why do We Care? Seven Points for a Critical Approach to ‘Big Data.’ Society and Space. May 19. Accessed on July 08, 2015, from http://societyandspace.com/material/commentaries/craig-dalton-and-jim-thatcher-what-does-a-critical-data-studies-look-like-and-why-do-we-care-seven-points-for-a-critical-approach-to-big-data/.

Kitchin, Rob, & Tracey P. Lauriault. 2014. Towards Critical Data Studies: Charting and Unpacking Data Assemblages and their Work. The Programmable City Working Paper 2. July 29. National University of Ireland Maynooth, Ireland. Accessed on July 08, 2015 from http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2474112.

Manovich, Lev. 1999. Database as Symbolic Form. Convergence. Volume 5, Number 2. Pp. 80-99.

Note: Call for Papers for the special issue can found here: http://bigdatasoc.blogspot.in/2015/06/call-for-proposals-special-theme-on.html.

For more details visit https://cis-india.org/raw/studying-the-emerging-database-state-in-india-accepted-abstract

July 2015 Bulletin

praskrishna — 2015-11-21T16:23:52Z

Our newsletter for the month of July is below:

We are happy to share with you the seventh issue of the Centre for Internet and Society (CIS) newsletter (July 2015). The past editions of the newsletter can be accessed at http://cis-india.org/about/newsletters.

Highlights

NVDA team conducted a training at SIES College, Sion, Mumbai. Thirty-four delegates attended the training programme. A training workshop was held at Anne Jane Askwith Higher Secondary School for the Visually Impaired, Palayamkottai, Tirunelveli by NVDA team. Sixteen delegates participated in this. Konkani Wikipedia is the second Wikimedia project after Odia Wikisource that has gone live out of incubation. The project stayed in the incubation for nine long years and the community has gone through a long debate to have a Wikipedia of their own. Subhashish Panigrahi has blogged on this highlighting the three Konkani Wikimedians. The 30^th Session of the WIPO Standing Committee on Copyrights and Related Rights was held in Geneva from June 29 to July 3. Nehaa Chaudhari prepared a statement about the negotiations on the Proposed Treaty for Broadcasting Organisations. Sumandro Chattapadhyay wrote an article in the Hindustan Times about India’s “Digital India” initiative to develop communication infrastructure, government information systems, and general capacity to digitise public life in India. CIS published the first draft of its analysis on technology business incubators ("TBI") in India. The report prepared by Sunil Abraham, Vidushi Marda, Udbhav Tiwari and Anumeha Karnatak looks at operating procedures, success stories and lessons that can be learnt from TBIs in India. Pranesh Prakash did a brief analysis about the Department of Telecommunications Panel Report on Net Neutrality. CIS has participated in the Expert Committee for DNA Profiling constituted by the Department of Biotechnology in 2012 for the purpose of deliberating on and finalizing the draft Human DNA Profiling Bill and appreciates this opportunity. CIS has prepared a dissent note to the Expert Committee on DNA Profiling. In the last few decades, all major common law jurisdictions have decriminalised non-procreative sex – oral and anal sex (sodomy) – to allow private, consensual, and non-commercial homosexual intercourse. Bhairav Acharya brought out the developments from across the world in a blog entry. As part of its project on mapping cyber security actors in South Asia and South East Asia, CIS conducted interviews with a Tibetan security researcher and information activist and Shantanu Ghosh, Managing Director, Symantec Product Operations, India. CIS, the Observer Research Foundation, the Internet Policy Observatory, the Centre for Global Communication Studies and the Annenberg School for Communication, University of Pennsylvania had organized a conference in April in New Delhi. The findings have been condensed in a report titled “Effective research, policy formulation, and the development of regulatory frameworks in South Asia”. Pranesh Prakash in a research paper titled Regulatory Perspectives on Net Neutrality gives an overview on why India needs to put in place net neutrality regulations, and the form that those regulations must take to avoid being over-regulation. Rakshanda Deka undertook an analysis on the anti-spam laws in different jurisdictions. This analysis is a part of a larger attempt at formulating a model anti-spam law for India by analysing the existing spam laws across the world. As part of the 'Studying Internets in India' series, RAW has published blog entries on WhatsApp and the Creation of a Transnational Sociality; Users and the Internet; Effective Activism: The Internet, Social Media, and Hierarchical Activism in New Delhi; Studying the Internet Discourse in India through the Prism of Human Rights; and 'Originality,' 'Authenticity,' and 'Experimentation': Understanding Tagore’s Music on YouTube. The National Optic Fibre Network, a part of the Government's Digital India Initiative, has been in the news since the recent Expert Committee Report. Aditya Garg in a blog entry examined the accountability of the funding of the project.

Accessibility and Inclusion

Under a grant from the Hans Foundation we are doing two projects. The first project is on creating a national resource kit of state-wise laws, policies and programmes on issues relating to persons with disabilities in India. CIS in partnership with CLPR (Centre for Law and Policy Research) compiled the National Compendium of Policies, Programmes and Schemes for Persons with Disabilities (29 states and 6 union territories). The publication has been finalised and is being printed. The draft chapters and the quarterly reports can be accessed on the project page. The second project is on developing text-to-speech software for 15 Indian languages. The progress made so far in the project can be accessed here.

NVDA and eSpeak

Monthly Updates

July 2015 Report (Suman Dogra; July 31, 2015).

Event Reports

The training programmes were held in June and the reports were published in July:

Tamil Computing with NVDA Training Workshop (Organized by NVDA team: Anne Jane Ask with Higher Secondary School for the Visually Impaired, Palayamkottai, Tirunelveli; June 3 – 7, 2015).
Training in eSpeak Marathi (Organized by NVDA team; SIES College, Sion, Mumbai; June 28, 2015).

Access to Knowledge

Submission / Comment

Statement by the Centre for Internet and Society on the Broadcast Treaty at SCCR 30 (Nehaa Chaudhari; July 2, 2015).

Wikipedia

Blog Entries

Reading Devanagari Script based sites like Konkani Wikipedia in Kannada Script (Dr. U.B. Pavanaja; July 13, 2015).
Konkani Wikipedia Goes Live After 'Nine Years' of Incubation (Subhashish Panigrahi; July 18, 2015).

Events Co-organized

Christ University Undergraduate Programme (Organized by CIS-A2K; Bangalore; July 1 - 8, 2015). Students were initiated into the Wikimedia activities with hands on sessions of typing on Wikisource. Faculty of the Christ University helped the A2K team in deciding on the texts that were to be typed. These texts will provide much needed impetus for Wikisource related activities in Indian Languages. Wikipedia Education Programme at Christ University received support from Ravishankar.A of the Tamil Wikimedia community and Sayant Mahato from Sanskrit Wikimedia community.
Aloysius College (Organized by CIS-A2K; Mangalore; July 1 – 4, 2015). Tulu and Kannada Wikipedia workshops were conducted in St. Aloysis College, Mangalore. Tulu Wikipedia is in Incubator and a small community is growing in Mangalore. Pavanaja U.B. and Rahmanuddin Shaik participated in this events.
Media Wiki Train the Trainer Program (Organized by CIS-A2K; Bangalore; June 24 – 27, 2015): A four-day long train-the-trainer program aimed at building leadership among technical contributors to Indic language Wikimedians in the areas of bugs, bots--Pywikipedia and Auto Wiki Browser, various MediaWiki tools, and translations. Ravishankar A. from Wikimedia India, MediaWiki developers Pavithra H., Yogesh Omshivaprakash H.L. and Harsh Kothari, and Tamil Wikimedian Dineshkumar Ponnusamy provided support for the event.

Participation in Events

Wikimania 2015 (Organized by Wikimedia Foundation; Mexico City; July 15 - 19, 2015): A whole day was dedicated for evaluation of strategies and activities by various major stakeholders of the Wikimedia movement. Community members who lead major activities, Wikimedia chapters, affiliate organizations and Wikimedia Foundation itself took part in the discussions. There were several group activities, exchange of ideas focused on project and community level outreach and other activities, tools and techniques, and best practices. Subhashish Panigrahi participated in this event and gave a talk on How to do Guerrilla GLAM. Subhashish Panigrahi was a panelist along with Rohini Lakshané in the session “Edit-a-thons for Bridging the Gender Gap on Wikimedia: A Panel Discussion”. An Indic Meet-up was also organized. Wikimedians from India, Bangladesh and Nepal representing various language communities, Wikimedia India, Wikimedia Bangladesh, Wikimedia Nepal, and Access to Knowledge (CIS-A2K) gathered to discuss about various challenges, cross-community collaborative projects, organizing larger events, and strategies to grow the Wikimedia movement in South Asia.
Classical Languages in the Digital Era Conference (Organized by Central Institute of Indian Languages, Mysore; July 17, 2015) Tanveer Hasan participated in this conference aimed at discussing about the future of Indian classical languages in the digital era.

Media Coverage

Not many contributors for Kannada-centric Wiki page (The Times of India, July 5, 2015)
Upload More Kannada Articles on Wikipedia (Indian Express, July 5, 2015)
Kannada Wikipedia Workshop in Mangaluru (Udayavani; July 5, 2015)
Kannada Wikipedia Workshop in Mangaluru (Prajavani; July 5, 2015)

Staff Movement

Tito Dutta, Luis Gomes and Abhinav Garule have joined the CIS-A2K team as Programme Associates from March this year. Tito is working for internal documentation and resource building, and Luis and Abhinav are implementing the Konkani and Marathi work plan respectively along with community liaison.

Internet Governance

Free Speech and Expression

Blog Entries

Regulatory Perspectives on Net Neutrality (Pranesh Prakash; July 8, 2015). Vidushi Marda and Tarun Krishnakumar assisted Pranesh Prakash in this.
Free Speech Policy in India: Community, Custom, Censorship, and the Future of Internet Regulation (Bhairav Acharya; July 13, 2015).
Net Neutrality and the Law of Common Carriage (Bhairav Acharya; July 14, 2015).
Freedom of Expression in a Digital Age (Geetha Hariharan and Jyoti Panday; July 14, 2015). CIS, the Observer Research Foundation, the Internet Policy Observatory, the Centre for Global Communication Studies and the Annenberg School for Communication, University of Pennsylvania organized this conference on April 21, 2015 in New Delhi. Elonnai Hickok edited the report.
Clearing Misconceptions: What the DoT Panel Report on Net Neutrality Says (and Doesn't) (Pranesh Prakash; July 21, 2015).
Role of Intermediaries in Countering Online Abuse (Jyoti Panday; July 31, 2015). This got published as two blog entries in the NALSAR Law Tech Blog. Part 1 can be accessed here and Part 2 here.

Event Co-organized

A Public Discussion on Criminal Defamation in India (Organized by CIS, the Network of Women in Media, India; and Media Watch; Bangalore; July 29, 2015). The event was a public discussion about the continued criminalisation of defamation in India.

Participation in Event

Roundtable discussion on WHOIS (Organized by Department of Electronics & Information Technology (DeitY), Govt. of India; July 28, 2015; New Delhi). Sunil Abraham and Vidushi Marda participated in the discussion remotely. Aditya Garg attended in person.

Privacy

Blog Entries

Anti-Spam Laws in Different Jurisdictions: A Comparative Analysis (Rakshanda Deka; July 2, 2015).
A Dissent Note to the Expert Committee for DNA Profiling (Elonnai Hickok; July 17, 2015). Click for DNA Bill Functions, DNA List of Offences, and CIS Note on DNA Bill. A modified version was published by Citizen Matters Bangalore on July 28.
Privacy, Autonomy, and Sexual Choice: The Common Law Recognition of Homosexuality (Bhairav Acharya; July 18, 2015).
Aadhaar Number vs the Social Security Number (Elonnai Hickok; July 21, 2015).

Participation in Event

7th Best Practices Meet 2015 (Organized by Data Security Council of India; Bangalore; July 9 – 10, 2015). Sunil Abraham was a panelist in the session "Architecting Security for transformation to Digital India". Elonnai Hickok was a panelist in the session "Steering privacy in the age of extreme innovation technology & business models."

Cyber Security

Videos

Cyber Security Series Part 23 (Purba Sarkar; July 13, 2015). CIS interviews a Tibetan security researcher and information activist.
Cyber Security Series Part 24 (Purba Sarkar; July 15, 2015). CIS interviews Shantanu Ghosh, Managing Director, Symantec Product Operations, India, as part of the Cybersecurity Series.

Miscellaneous

Article

Iron out contradictions in the Digital India programme (Sumandro Chattapadhyay; Hindustan Times; July 28, 2015).

Research Paper

First draft of Technology Business Incubators: An Indian Perspective and Implementation Guidance Report (Sunil Abraham, Vidushi Marda, Udbhav Tiwari and Anumeha Karnatak; July 25, 2015).

Telecom

Op-ed

The Centrality of Cash Flows (Shyam Ponappa; Business Standard; July 1, 2015 and Organizing India Blogspot; July 2, 2015).

Blog Entry

Funding of National Optic Fibre Network (NOFN) - Who's Accountable? (Aditya Garg; July 17, 2015).

Researchers at Work

Blog Entries

WhatsApp and the Creation of a Transnational Sociality (Maitrayee Deka; July 1, 2015).
Users and the Internet (Purbasha Auddy; July 10, 2015).
Effective Activism: The Internet, Social Media, and Hierarchical Activism in New Delhi (Sarah McKeever; July 16, 2015).
Studying the Internet Discourse in India through the Prism of Human Rights (Deva Prasad M.; July 22, 2015).
'Originality,' 'Authenticity,' and 'Experimentation': Understanding Tagore’s Music on YouTube) (Ipsita Sengupta; July 27, 2015).

News & Media Coverage

CIS gave its inputs to the following media coverage:

'IRCTC’s Aadhaar play can violate SC order and derail National Security' (Shubhra Rishi; CIO.IN; July 1, 2015).
The Digital Divide: pros and cons of Modi's latest big initiative (Suhas Munshi; July 2, 2015).
Corporate push to Modi’s Rs.4.5-billion digital dream (Rakesh Kumar; The Statesman; July 13, 2015).
Criminal Defamation: The Urgent Cause That has United Rahul Gandhi, Arvind Kejriwal and Subramanian Swamy (Betwa Sharma; Huffington Post; July 15, 2015).
Five Nations, One Future? (Bjorn Ludtke, Ellen Lee, Jaideep Sen, Gwendolyn Ledger, David Nicholson, and Jesko Johannsen; Voestalpine; July 18, 2015).
The scariest bill in Parliament is getting no attention – here’s what you need to know about it (Nayantara Narayanan; Scroll.in; July 24, 2015)
Regulation, misuse concerns still dog DNA profiling bill (Nikita Mehta; Livemint; July 29, 2015)

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'Originality,' 'Authenticity,' and 'Experimentation': Understanding Tagore’s Music on YouTube

Ipsita Sengupta — 2016-07-07T02:18:12Z

This post by Ipsita Sengupta is part of the 'Studying Internets in India' series. In this essay, she explores the responses to various renditions of songs composed by Rabindranath Tagore available on YouTube and the questions they raise regarding online listening cultures and ideas of authorship of music.

Introduction

On typing “Rabindra Sangeet” on YouTube, one finds videos of the concerned Bengali songs in diverse visual and aural compositions. Just like for every other type of video that is put up on the site, as interesting as the videos may be, is the feedback they receive.

At the centre of this essay are such videos found on the social media platform YouTube, ones that play Rabindra Sangeet. Literally, “Songs of Rabindra(nath)”, this is a term used to identify poetic and musical pieces penned and composed in the late 19th- early 20th centuries by the Bengali writer and artist Rabindranath Tagore. The body of work has today become a genre among Indian music.

User-generated expression of YouTube makes it a medium with simultaneous individual and group dynamics. Apart from feedback as quantitative data through “Views”, “Likes” and “Dislikes”, the opinions of many users can be found in the “Comments” section.

Visuals of YouTube song videos of Rabindra Sangeet are diverse. So are renditions, with solitary or duet or band performances, and with varying rhythm and instrumental accompaniment. The set of comments below each video sometimes take the form of a conversation. Between applause and criticism, the latter is of special interest here.

Content of specific kinds seem to face disapproval: visual montages and stills from contemporary cinema, like images of urban youth, romance, longing. Some have shots of band performers and some, album cover images. Some of these renditions can be categorized as remixes because of their fast pace, bouncy vocals and electronic melody. The comments in question reflect and reveal hurt sentiments of people trying to preserve some kind of sanctity and authenticity of Rabindra Sangeet.

They state in different ways that the ethics of presenting the genre have been violated, via their notation and design; either by either makers of the film in the song’s incorporation, or by the way young pop stars have been placed in particular montages.

Here are some comments below to illustrate what audiences find wrong. The video is embedded below, followed by the comments posted on the video page.

What a rubbish song! Just remember please that Rabindra sangeet is not for Band musicians ! Please do not distort Rabindra sangeet. Only idiots will try to do so. Shame on you lot !
Unfortunately these band party can never be anything like that great man....hence they should stop making fun of his creation....
This song is from Shyama and I think that the innocent beauty of a young boy falling in love with a court dancer. The arrangement does not suit the lyrics.

Who has sung this? Started well, but after a while it changed the melody on its own. Only Bengalis are so indecent to change the work of the composer while performing. But otherwise, the voice is promising.

Robindra shongoter ijjot nosto kore dise... super dislike... (“They have destroyed the dignity of Rabindra Sangeet... super dislike...”)
Henshit! rock does not suit to melody and classics. Don't fusion "Sangeet"/ folk/patriotic songs.

Rabindra sangeet is usually better off with minimum instrumental accompaniment. That is why the Kishore Kumar version is more appealing. And the maestro Hemanta Mukherji used only a harmonium and tabla for most of his superb renditions.
Simply bogus. In Bengali... Shreya r nyaka voice just intolerable (“Shreya's coquettish voice just intolerable”).

some confused experiments with a song rendered by many exponents. This singer in his misguided modernism mostly misses the target.
bhalo lagche na shunte...Rabindra Nath er gaan er opor please bekar improvisation ta korben na...onar opor churi kachi ta nai ba chalalen... (“I am not enjoying listening to this... please do not do useless improvisations on Rabindranath's songs... do not use knives and scissors on him...)
… Tomra please originality maintain kore experiment koro … (...Could you please maintain originality while experimenting...)

...Go listen to the original tagore score and then come here with some innovative posts, k?
Absolutely bogus. Very badly sung. Who the hell is the singer? It has Jhankar beats too!!! Who the hell is the music director? Shame that people of such low taste and caliber are directing Bengali movies nowadays. Maobadi der diye petano uchit eder (“They should be beaten up by the Maoists)!!!!!

THere should be a self imposing limit of Screwing rabindra sangeet.
F...king Indian Hindi speaking bas....ds

This is not to say that these voices reign supreme. The listeners who enjoy the works leave great appreciation and also debate with the naysayers. But here I am taking into account the criticism that the videos receive. They have turned out to be more descriptive than the appreciation, and because of this they open up a lot of questions. We observe them in the light of both the medium as well as some understanding of the artistic ideals Tagore aspired to in his lifetime. The complete list of URLs of videos with their comments is given in the bibliography.

The Poetic/Musical Works of Tagore and Technologies of Access

Tagore was born in 1858 in a wealthy landowning household in Bengal. In his growing up years, the household Jorasanko was a space where Western and Indian lifestyles and artistic developments coexisted. Besides his own training in musical performance, and education and cultural exposure abroad, he also grew up amidst the rich musical, literary and theatrical talent of his family members.

Tagore was impressed and inspired by all kinds of artists and musical styles, and traces of these are found in his compositions and lyrics- whether folk, the ritualistic Kirtan, the mystic Bauls of rural Bengal, or even songs native to the West. For example the Scottish song ‘Auld Lang Syne’ influenced ‘purano shei diner kotha’ and ‘Ye banks and braes’ inspired ‘phule phule dhole dhole’ (Som, 2009).

From a young age itself, the poet was uncomfortable with strict boundaries and rules, one of them being the tight-rope walk over Raaga-based notations and rhythm structures of Indian classical music. He did believe in the power of Raagas to evoke the emotion they were said to be designed for, and while placing his poetry in musical compositions, he based his tunes on Raagas depending on the mood of his verse. However, he would combine melodic characteristics of established Raagas very often- a common practice with artists resulting in “mishra”, or mixed Raagas. He even combined rhythms or Taalas, and designed new ones for his songs. He found the classical genre embellishments of Taan and Aalaap unnecessary and left them out. “He declared his songs to be his unabashed expression of modernity because in them he could escape adhering to any expected literary standard” (Som, 2009).

Tagore lived in an era when Indian classical music was being written down with notations which were intelligible to Western audiences. Though he put on paper notations for his own songs, it so happened sometimes that when he was asked to sing in a public gathering, he could not remember the exact composition he’d first created. He would improvise immediately and complete the performance successfully. There were also times when his students or family members would sing their own interpretation of his tunes. Though his contemplation on it was based on a personal judgment of how well they adapted what he'd taught and how talented they were, he realised that the other singer was “not a gramophone” and he’d have to “grant that artistic independence” (Som, 2009).

“The art with which he matched melody with each nuanced lyric or combined ragas and improvised novel musical expressions, made each song a gem to be discovered anew everytime it is sung” (ibid, 2009). We may admit this but through this thought we may also understand that every live vocal rendition is intangible, however much we stick to notations.

In the electronic age, however much we record a rendition on devices, it is stored as data taking up space. Data is a common form that text, visuals, and audio all take. Though some recordings of Tagore's voice can be found online, they are digital versions that have been converted from the analog. Besides the technical transition, today's listener is also accessing it through a device and not listening to him performing. Two dynamics could happen here: either his performances are immortalised by the technology which has collected the sound of his voice in the exact way he has performed them and audiences will form an idea of “authentic” or “original”. And the other is that the audience will understand that in his time, when his voice was recorded, effects like electronic disco beats had not been invented.

That way, the performances of Tagore's verses that we are witnessing on YouTube today are the tangible notations combining with fresh new thought processes and constantly changing music performance styles, and manifesting on a contemporary media space. It is beyond just a copy, as we will see later, and to put it in Tagore's own words, it is “not a gramophone”.

Perhaps the accompanying instruments that were recommended for the verses have been replaced in a particular video with other and/or newer sources of musical sound- like digital sound. And the visuals in the video were probably not what the author was familiar with in his lifetime- body language of human actors, their clothes, the cityscape, and the like. In the film clips and non-cinematic material of Rabindra Sangeet videos, contemporary visuals include digital copies of photographs of Tagore and his contemporaries that help us make sense of his era.

“Adapting Chion’s theorisation of Dolby sound, the aesthetics of the remix may be thought of not as a consequence of technical changes but rather as the way in which technology combines with different musics to create the remix” (Duggal, 2010). It's not that new technology like electronic beats happens to an old composition when time passes and corrupts it like fungus or dust, it is that one one applies new aesthetics to an older text to innovate.

Describing the prime place of music in the hierarchy of sound in the cultural history of the West, Kahn discussed the phobia of sound that was not “significant” (Kahn, 2003). For a long time, sounds that reproduced the world for us- such as ambient sounds or noise- and which came via machines instead of established musical instruments were not considered valid within music. His stand in this context was that “it would make more sense to experience artistic works in their own right, not how they might conform to gross categorical distinctions”.

Given the artistic spontaneity which Tagore believed in, and the changing technology, what do we mean when we say that Rabindra Sangeet is being “distorted”, or its dignity (“ijjot”) or “innocence” threatened? What is the misunderstood modern? What is this “original” missing from “experimentation”? Especially when the composer himself is not witness to the forms his songs are taking today, what is this imagination of the ideal performance that leads to the judgment that another type of performance is not acceptable?

Perhaps at this point we can also shine a tiny light on Tagore's beliefs in other spheres. “Nationalism” is a compilation of a series of lectures given around the world, which Tagore gave in the 1916-‘17. In the introduction to this compilation, Guha illustrates Tagore’s realisation that mindless boycotting of everything that the West introduced in India in the name of Swadeshi (which he used to support) was to throw out the baby with the bath water. Quoting a letter Tagore wrote to a friend in 1908, he writes, “ ‘I will not buy glass for the price of diamonds and I will never allow patriotism to triumph over humanity as long as I live” ’ (Guha, 2009).

Soon after delivering these lectures in US and Japan, the Visva Bharati University was founded in December 1918. Tagore envisioned “a synthesis of the East and the West through a healthy intellectual and cultural interaction” (Som, 2009). Ironically, Visva Bharati, for over six decades after his death, held a copyright on Tagore’s work and assumed exclusive right of approval over song recordings of how notations were to be followed.

Surely it is not only due to a lack of understanding of Tagore's ideals that some renditions are marked as wrong? Many who don't appreciate the new versions may actually be well aware of his life story or beliefs. At various instances, the beats, the voice, the performers are targeted. Can we put a finger on the problem? Does it have something to do with the means of interaction of the medium? What is this search for the authentic or the correct? Is there a xenophobia of generational shifts in lifestyle - the opposition to a lifestyle because that is the “other” of a fantasy of tradition, it is not “high culture”? Because internet access transcends boundaries of class, education, and generation?

Mechanical Reproduction and Digital Media

In the early 20th century, when Tagore was writing his songs, in another part of the world political thinker Benjamin wrote in his timeless essay that when a work of art is mechanically reproduced, when there are only copies and the “original” in a particular place and space in history loses significance, its distribution boosts its “exhibition value” (Benjamin, 1936). “The work of art becomes a creation with entirely new functions, among which the one we are conscious of, the artistic function, later may be recognized as incidental.” The “social significance” (ibid.) of an art work increases with multiple reproductions of it reaching the masses because the ritual value of it goes down, and it becomes open to as much criticism as enjoyment or reverence.

On social media spaces this democracy is visible on the same page- such as the “Comments” discussion. The “aura” (ibid.) of the “original” Tagore cannot exist in the flux of digital reproductions and uploads of individual creations- how valid then is the fight over it? Or is it in fact a fear of losing in this flux a memory of something revered? Does that imagined revered have something to do with defining and maintaining a community identity in this passageway of a multitude of identities that is the internet?

One of the integral features of a social media space is the option of “sharing” the content, i.e., individuals transmit it further to other users. While YouTube’s Likes and Comments give the content a boost and analytics from YouTube automatically circulate this more “popular” content, individual users have a major role in the circulation of online content.

Besides directly sharing, they can take either the audio or visual aspects of a video piece, restructure or redesign the piece, creating as a result an all new video and circulating that. Through “appropriation and reproduction”, “the web in general, and the web video in particular intensify the culture of the copy, for it provides its users free access to an immense database of ready-to-use information” (Vanderbeeken, 2011).

Someone may download from elsewhere an audio composition used earlier in a video of “concentration music”, attach it to different visuals, and upload it back on YouTube under “relaxation music”. After all, as studies have found, the response to one’s online content through mechanisms such as “likes” give the author a sense of gratification and encourages him/her to keep checking notifications every few minutes- on various social media platforms.

In such a situation, “the original creator suddenly occupies the position of yet another spectator. Within this process, the role of transmitters is so important that they assume a vague position of authority over the works” (Menotti, 2011). Through its one on one connection with the spectator, each individual video exists as an independent entity subject to active, on the spot feedback as well as manipulation by every individual who watches it. And of course, circulation is in the hands of each viewer resulting in content originating as altogether new information.

At this juncture I would like to make an intervention using a formulation by Frith, about the fluid, transitional nature of identity. “It is in deciding- playing and hearing what sounds right- that we both express ourselves, our own sense of rightness, and suborn ourselves, lose ourselves, in an act of participation” (Frith, 1996).

Let us take for example, another type of video found on YouTube. Instrumental pieces of music with descriptions such as “music for concentration”, “study music”, and even “brain music”. If we break down the description along these lines, we have firstly, tunes of any kind and varying pace on string and wind instruments. Then colourful visuals of mostly natural landscapes, the human body, or graphical representations of the “mind”. The written word accompanies the frame, and each aspect combines to add meaning to the other two.

Just because the label says that the music will enhance concentration, does it always have that effect? Our everyday experiences with the audio-visual would have surely shown us that the design of a composition- both musical and cinematic- does not necessarily make everyone feel the same way. Moreover, the credibility of video descriptions is always subject to doubt, as discussed above.

We see thus that in case of online media, it holds true all the more that one acquires or asserts an identity in playing/listening to a performance of some sort of music and adding opinions below, as much as the performance or presentation itself. We can actually trace this to a perspective that a remixed video is a form of feedback too- to an earlier understanding of Rabindra-Sangeet by the maker who thought that the genre could be expressed this way as well. “The intrinsic relationship of ‘original’ to ‘imitation’ is weakened” (Vanderbeeken, 2011), and this is where digital media picks up from where analog technology left off.

In such an interaction, between human beings exchanging data with equal authorship over it, could YouTube be playing a role in the “production of the rhetoric of the classical and canonical” (Duggal, 2010) around a historical figure from eastern India, where some audio-visual images are acceptable to his definition and others not?

An older and a newer understanding of the same cultural object co-exist on one space such as the standardised video frames of YouTube. Alongside Tagore's voice are those of Kishore Kumar, Hemant Kumar, Jayati Chakraborty, Shreya Ghoshal, and many others. A sense of the “original” exists beyond Tagore's voice because everybody has not sung it fast- if its rules were to go slow. And if somebody wants to give a tribute to Rabindra Sangeet by pepping it up, he/she obviously must not have meant to “ruin” it.

Is it the anonymity of the Comments space which makes the discussions the way they are? Because one cannot see the person who has uploaded it and is confident that what they were taught was the only truth- the uploader/ content creator probably comes across as an imposter.

But maybe this search for the “correct” rendition is a search for political correctness in a world densely connected through information technology, where one's identity through a databank of online searches does not belong just to oneself but to corporations and advertisers too. Could there also be people who believe that the very act of having Rabindra Sangeet online is a mismatch of the authentic Tagore experience- because the internet is not from his time or geographical location?

Conclusion

As described earlier, when Tagore composed his music largely based on the notational arrangements prescribed by Raagas, he removed what he determined were complications of the indigenous classical music system. What he retained were what he comprehended as the moods evoked by particular Raagas, and engineered several songs on selected rules of different Raagas. In the process, he created a genre which those who were not fortunate enough to get formal training in the classical grammar of music could sing and engage in.

From the point of view of pure classical renditions being “high art”, Rabindra Sangeet thus could not fit into that umbrella. But it was popular and regarded because it spoke to the people, as a result of which it is still given a special place in collective memory after 100 years. Thus we see that “in terms of aesthetic process there is no real difference between high and low music” (Frith, 1996).

Social media exposes today that musical spontaneity has constraints in the collective memory of forms. Proving at the same time that music truly cannot be contained- since it has such diverse imaginations of the “real” at a time when the author is not alive any more. Tagore was “comfortable in the knowledge that his songs were like wild flowers” (Som, 2009), drawing from natural landscapes and human emotions. Is YouTube telling us that in this century, some consumers of his music might be narrowing down definitions of “significant sound” to identity politics around a literary figure and his homeland? Or simply trying to hold on to something familiar in an ever changing zone, resisting- perhaps unconsciously- an attempt by others to reinterpret it through their reality or sense of beauty?

Bibliography

Benjamin, Walter. 1936. The Work of Art in the Age of Mechanical Reproduction. Trans. Harry Zohn. Ed. Hannah Arendt. Schocken/Random House, 2005. https://www.marxists.org/reference/subject/philosophy/works/ge/benjamin.htm

Duggal, Vebhuti. The Hindi Film Song Remix: Memory, History, Affect. Diss. Jawaharlal Nehru University, 2010.

Frith, Simon. “Music and Identity”. Questions of Cultural Identity. Eds. Stuart Hall and Paul du Gay. Sage Publications, 1996.

Guha, Ramachandra. Introduction. Nationalism. Rabindranath Tagore. Penguin Books, 2009.

Kahn, Douglas. “The Sound of Music”. The Auditory Culture Reader. Eds. Michael Bull and Les Black. Berg Publishers, 2003.

Menotti, Gabriel. “Objets Propages: The Internet Video as an Audiovisual Format”. Video Vortex Reader II: Moving Images Beyond YouTube. Eds. Geert Lovink and Rachel Somers Miles. INC Reader #6, 2011.

Som, Reba. Rabindranath Tagore: The Singer and his Song. Penguin Books India, 2009.

Tagore, Rabindranath. Nationalism. Macmillan and Co. Ltd., 1918.

Vanderbeeken, Robrecht. “Web Video and the Screen as a Mediator and Generator of Reality”. Video Vortex Reader II: Moving Images Beyond YouTube. Eds. Geert Lovink and Rachel Somers Miles. INC Reader #6, 2011.

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Studying the Internet Discourse in India through the Prism of Human Rights

Deva Prasad M — 2015-07-22T04:18:37Z

This post by Deva Prasad M is part of the 'Studying Internets in India' series. Deva Prasad is Assistant Professor at the National Law School of India University (NLSIU), Bangalore. In this essay, he analyses key public discussions around Internet related issues from the human rights angle, and explores how this angle may contribute to understanding the features of the Internet discourse in India.

Introduction

The significance of Internet as an important element and tool in day-to-day life of mankind is an established experiential fact. The intrinsic value that Internet brings to our lives has transformed the access to Internet as a necessity. Internet’s intrinsic value acts an enabling tool for information, communication and commerce to be effectively and expeditiously carried forward. It is to due to this enormous intrinsic value attached with Internet that there is an emerging trend of exploring Internet from the perspective of human rights. Moreover, Internet as a medium also helps in furtherance of human rights [1]. Social movements have attained a new lease of life with the digital activism over Internet. Arab spring is an epitome of this phenomenon.

There is an emerging positive trend of linking established norms of human rights with Internet. The Report of the Special Rapporteur on the right to freedom of opinion and expression has vividly explained the possibility and feasibility of extending and extrapolating the right of freedom of opinion and expression to Internet medium (Article 19 of the UDHR and the ICCPR) [2]. The Special Rapporteur also highlights the need to have access to Internet for effective enjoyment of right to freedom of opinion and expression in the digital sphere. The UN High Commissioner on Human Right’s report on‘The Right To Privacy In The Digital Age’ also explicitly highlights the significance of protecting the right to privacy in the internet medium in light of extensive “surveillance and the interception of digital communications and the collection of personal data” [3]. The extensive interception and blocking of the online communication is also a pertinent reason, which calls for human right protection to be extended to Internet.

The WSIS Declaration for Building of Information Society [4] and the Charter of Human Rights and Principles for the Internet [5] also have played a significant role in furthering the inter-linkage between human rights and Internet.

The Internet and human rights policy developments have gathered significant relevance in international human rights law and Internet policy fora. But it is interesting to note that the Indian government and state institutional mechanisms have not yet pro-actively accepted relevance of applying human rights norm to the Internet medium in India.

As an essay in the Studying Internet series, it is important to highlight how human rights acts as underlying factors in many socio-political issues pertaining to Internet in India. Analysis of these issues helps us to understand that, even though the Indian state turns a blind eye to the human rights element in the various socio-political issues relating to Internet, the digitally conscious Indian’s have realized their rights and even fought their own battle for exercising their rights.

In recent years, the Internet discourse in India has witnessed many socio-political concerns. This essay would be exploring the pertinent socio-political issues in Indian context and the underlying link to human rights thread. Globally, exploring Internet from the perspective of human rights brings out multitude of issues, which requires application of established human rights norms of right to privacy, freedom of expression, access. The story in India is no different. In this regard, three socio-political issues relating to Internet, which gained much attention in India roughly in last one year, are being analyzed. Interestingly, all three issues have an underlying thread of human right perspective connecting them and need pertinent deliberation from human rights perspective.

Section 66A and Freedom of Speech and Expression

The lack of freedom of expression on Internet and Section 66A of Information Technology Act, 2000 is an interesting case study. Indian government used Section 66A as a tool for extensive surveillance and had taken criminal legal action against the Internet and social media users for posting the offensive comments and posts. But Section 66A was badly drafted allowing the government to initiate criminal legal action in an arbitrary and whimsical manner. Thus such a provision could be misused by the state for curbing the freedom of expression in the Internet sphere. The rampant usage of the Indian state machinery of Section 66A had led to sharp reaction amongst the Internet and social media users in India. The vagueness in language and unconstitutionality of Section 66A were criticized by legal experts. The action of state machinery in arresting a cartoonist, a professor and two girls in Maharashtra [6] (and many others) for comments and post on social media against politicians, had made it evident the lack of respect for freedom for speech and expression on Internet by the Indian state machinery (Most of these incidents took place during the year 2012). These incidents led to wide spread protest for violation of human right to freedom of speech and expression by the digital media users. When the Public Interest Litigation [7] filed by Shreya Singhal led to the Supreme Court striking down the Section 66A on 24th March, 2015 for lack of due process being followed, it was a water shed moment for internet discourse in India. The significance of human rights (especially the freedom of speech and expression) in the Internet medium got asserted.

Net Neutrality and Internet Access Issue

The recent net neutrality debate in India has also evoked deliberation about the right of equal access to Internet and the need to maintain Internet as a democratic space. The net neutrality debate on keeping Internet a democratic space that is equally accessible to everyone has got much vogue in India. An important point that needs to be emphasized in the debate regarding net neutrality in India is the equal access question being raised. The equal access question is more a product of the lack of regulatory clarity regarding TRAI’s (Telecom Regulatory Authority of India) capacity to regulate the Over-the top (OTT) services; coupled with the lack of well stipulated right to internet access in the Indian context.

The net neutrality rides on the premise that the entire data available on the Internet should be equally accessible to everyone. No discrimination should be allowed regarding access to a particular website or any particular content on the Internet. Tim Wu, a renowned scholar in Internet and communication law has mentioned in his seminal work, Network Neutrality and Broadband Discrimination, that network neutrality signifies “an Internet that does not favor one application” [8].

In this regard, there has been a constructive dialogue between the Federal Communication Commission in United States and the various stakeholders. An interesting development was a proposition, which attempted to classify broadband internet service access as a public utility [9]. There is much relevance for such debates in the Indian context. India also needs public participation (especially strong voices from internet user’s perspective) to highlight these access concerns regarding Internet. Human right’s concerns regarding Internet should be pro-actively brought to the attention of regulatory institutions such as TRAI. There is need to balance the economic and for-profit interest of service providers with the larger public interest based on equal access.

The pressure created by public opinion through online activism upon the TRAI’s proposal to regulate the OTT services helps in understanding the power of public participation in the pertinent human rights issues relating to Internet [10]. The broader design in which the principle of human rights in the context of Internet medium would have to be asserted in India is also vividly seen in the case of protest against OTT regulation.

Right to be Forgotten in EU and Repercussions in India

The repercussions of ‘Right to be Forgotten’ judgment of European Union also had led to debate of similar rights in Indian context. The Google v. AEPD and Mario Cosjeta [11] is an interesting case decided by the Court of Justice of European Union, where the court held that based on the right to privacy and data protection, persons could ask databases (this case was against the search engine Google) on Internet medium to curtail from referring to certain aspects of their personal information [12]. This is basically referred to as ‘right to be forgotten’.

Viktor Mayor Schonberg in his book Delete: The Virtue of Forgetting in Digital Age has elaborated the problem of how the digital age coupled with the Internet has led to store, disseminate and track information in a substantially easy way and advocates for the more informational privacy rights [13]. In this judgment, the Court of Justice of European Union has furthered the information privacy rights in the European Union with the ‘right to be forgotten’.

In the Indian context, it is important to note that information privacy rights are yet to evolve to the extent that of European Union with definite privacy and data protection law. But interestingly, there was a request made to a media news website by a person attempting to enforce the right to be forgotten [14]. Even though the application of right to be forgotten is not directly applicable in the Indian context, this event throws light to the fact that Internet users in India are becoming conscious of their rights in the Internet space. The way Indian news media gave relevance to the right to be forgotten ruling also is an example of how there is an implicit recognition of the interlink between human rights and Internet that is slowly seeping into the Indian milieu.

Internet Discourse in India and Human Rights

Discussion of the three issues mentioned above points out to an important fact that human rights are not pro-actively applied to the Internet medium by the Indian state machinery. Even though the international human rights law and various Internet policy organizations are pushing the Internet and human rights agenda, the same is yet to gain momentum in India.

But at the same time, an interesting development that could be witnessed from the above discussion is the manner in which the Internet users are asserting their rights over the Internet and slowly paving the path for an enriching view towards applying the human rights perspective to Internet. In the first instance, the freedom of speech and expression was not pro-actively applied to the digital space and Internet. This has happened when Article 19 of Constitution of India has clearly provided for freedom of speech and expression. The second instance of net neutrality has thrown wide open the lack of clear policy regarding Internet access in Indian context. The public opinion has pointed out to the fact that there is a public interest demand to ensure that there is no discrimination in the case of Internet access. The third instance of looking at ‘right to be forgotten’ in Indian perspective, provides the understanding that the users of Internet are becoming conscious of their individual rights in the digital space in a more affirmative manner.

Further, the operationalization of human rights in these three instances also needs to be critically looked into. The assertion of the freedom of speech and expression in the Internet medium could be made possible effectively due to the fact that Article 19 of the Constitution of India, 1950, protects freedom of speech and expression. The vast amount of precedence existing in the field of freedom of speech and expression relating to constitutional litigation and allied jurisprudence has helped in crafting the extension of the right of freedom of expression to the digital medium of Internet. Further, using the social action tool of Public Interest Litigation, the unconstitutionality of Article 19 of the Constitution of India, 1950 could be brought before the Supreme Court.

But interestingly, the net neutrality issue, which is concerning the access to Internet in a non-discriminatory manner, is yet to be perceived in Indian context from a strong human rights perspective. Internet access as a public utility concept is yet to be evolved and articulated in concrete manner in the Indian context. Further, the Indian network neutrality discourse attempts to operationalize through the free market approach. In the free market approach the entire non-discriminatory access has to be ensured by the market competition with the necessary regulatory bodies. In this sense, the human rights angle of access to Internet will have to be ensured by effective competition in the market along with the proper oversight of regulatory bodies such as TRAI and Competition Commission of India. It is important for the regulatory bodies to have broad goals for furthering public interest by ensuring non-discriminatory access to Internet. Further, with the financial and infrastructure led limitations of government’s capability of ensuring access to Internet for all, the market-led model with sufficient regulation might be the right way forward.

Looking at the issue of the right to be forgotten, it could be easily perceived that the Indian milieu is yet to articulate privacy rights to that high standard. Even though the right to privacy is being understood in the constitutional law context through effective interpretation by the judiciary, the concept of digital privacy has not yet evolved in India. There is no collective understanding, till now, that has emerged regarding right to be forgotten in India. Even though individual attempts to assert the right was witnessed, there is much room for an evolved collective understanding in Indian context. Civil society organizations would have a crucial role to play in this regard.

There is an emerging consciousness amongst a set of Internet users in India, who values and gives importance to the Internet being a democratic space, without unwanted restriction from the government machinery or even the private entities. Hence looking at the Internet discourse of India from the perspective of human rights, there is an implicit way in which the human rights are being applied to the Internet space. The lack of a state’s pro-active approach in asserting human rights to Internet space is highlighted by the assertions being made by the Internet users in India.

Way Forward

For Internet to remain as a democratic space, there is need for pro-active application of these human rights norms and clear understanding in Internet governance. At present, the state of affairs in India regarding application of human rights to Internet is far from satisfactory.

This essay which is part of the ‘Studying Internet in India’ series, has till now done a stock taking analysis of emerging dimension of human rights and Internet in India. Lack of interest from government and state machinery to further the human rights and Internet dimension need to be seriously reconsidered. Attempting to intervene in Internet law and policy in India from the rights based approach should be an important agenda for furthering digital rights in India. For this, civil society organizations have an important role to play. Exploring the public interest could be done effectively with public participation of stakeholders. Here in, platforms such as India Internet Governance Forum could play a crucial role.

Apart from the civil society organizations, it is also pertinent for state and governmental institutional mechanism to also take a pro-active stance. For ensuring that the rights based approach to Internet has to be duly included in the Internet law and policy; and there should be institutional mechanism, which could look into areas pertaining to human rights and Internet. It is a well know fact that India lacks institutional mechanism for looking into communication and privacy issues regulation. Further, the National Human Rights Commission (NHRC) also needs to look at the relevance of human rights for Internet. Inspiration could be drawn from the pioneering work of Australian Commission of Human Rights on applying human rights norms and standards to Internet medium [15]. This essay has only flagged the need to apply the established human rights norms to Internet space. Much more issues such as access to Internet by disabled, safety of children and Internet medium are also pertinent areas.

Moreover, it is important to have digital rights of Internet users in India to be explicitly enshrined in a legal framework. Presently, a gap in law and policy framework regarding human rights and Internet is evident, as highlighted in this essay. The pertinent questions regarding access, privacy and freedom of expression are to be taken seriously by the government and state machinery for which clear and well-defined rights relating to Internet space have to be framed. For Internet and human rights to be taken seriously, it is high time that legal and institutional framework to explore these issues also are evolved.

Emphasizing the Right to Communication in India

Further, the present understanding of right to communication in India, which is perceived in narrow manner, could be re-worked with the help of a pro-active application of human rights norms to the Internet governance. The intrusion into the freedom of speech and expression especially in the telecommunication context has to be highlighted. Protection of communal harmony has been used as rationale for capping the number of the SMS messages that could be sent per day during the exodus of people of Northeastern states origin from Bangalore, Pune and other major cities in India.

This move has been criticized for being unreasonable and universality of capping the number of SMS messages [16]. Further, the telecommunication and Internet services (especially Facebook and YouTube) were blocked in Kashmir for restricting the protest [17]. The telecommunication and Internet services were blocked on the grounds of protection of national security. The reasonableness of restrictions that could be imposed on right to communication is a major concern in the above-mentioned instances. Making a blanket ban applicable in a universal manner undermines the right to communication of various genuine users of bulk messaging and social media sites.

The right to communication especially in the digital and telecommunication media needs to be emphasized. Applying human rights perspective and norms to Internet governance would help in articulating and evolving the right to communication in India. With adequate institutional oversight, the human rights norms could make the digital right to communication an effective right.

To conclude, the Internet discourse in India has already paved path for human rights norms to be applied to Internet space. The seriousness that could be attributed to those rights is evident by the assertions by the Internet users in India. But the state and government machinery in India also should explore the human rights and Internet agenda seriously.

Endnotes

[1] Frank La Rue, Report Of The Special Rapporteur On The Promotion And Protection Of The Right To Freedom Of Opinion And Expression, Available at http://www2.ohchr.org/english/bodies/hrcouncil/docs/17session/A.HRC.17.27_en.pdf (Last accessed on 25/05/2015).

[2] Ibid, Special Rapporteur in the Report points out that the language of Article 19 of ICCPR is media neutral and is applicable to online media technological developments also. Para 20 and 21 of the Report.

[3] UN High Commissioner on Human Right, Report on ‘The Right To Privacy In The Digital Age’, Available at http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session27/Documents/A.HRC.27.37_en.pdf (Last accessed on 25/05/2015).

[4] WSIS Declaration for Building of Information Society, Available at http://www.itu.int/wsis/docs/geneva/official/dop.html. (Last accessed on 25/05/2015). Article 58, WSIS Declaration reads as follows: “The use of ICTs and content creation should respect human rights and fundamental freedoms of others, including personal privacy, and the right to freedom of thought, conscience, and religion in conformity with relevant international instruments”.

[5] Charter of Human Rights and Principles for the Internet Available at http://internetrightsandprinciples.org/site/wp-content/uploads/2013/10/IRP_booklet_final1.pdf, (Last accessed on 25/05/2015).

[6] See Section 66A:Six Cases That Sparked Debate, Available at http://www.livemint.com/Politics/xnoW0mizd6RYbuBPY2WDnM/Six-cases-where-the-draconian-Section-66A-was-applied.html, (Last accessed on 25/05/2015). Also see, Facebook Trouble:10 Cases of Arrest Under Section 66A of IT Act, Available at http://www.hindustantimes.com/india-news/facebook-trouble-people-arrested-under-sec-66a-of-it-act/article1-1329883.aspx (Last accessed on 25/05/2015).

[7] Shreya Singhal v. Union of India, Available at http://indiankanoon.org/doc/110813550/ (Last accessed on 25/05/2015).

[8] Tim Wu, Network Neutrality, Broadband Discrimination, Available at https://cdt.org/files/speech/net-neutrality/2005wu.pdf (Last accessed on 25/05/2015).

[9] F.C.C. Approves Net Neutrality Rules, Classifying Broadband Internet Service as a Utility, Available at http://www.nytimes.com/2015/02/27/technology/net-neutrality-fcc-vote-internet-utility.html (Last accessed on 25/05/2015).

[10] The online campaign by www.savetheinternet.in and the AIB video have played a crucial role in gathering public support.

[11] Court of Justice of European Union, Case C-131/12.

[12] Rising like a Phoenix: The ‘Right to be Forgotten’ before the ECJ, Available at http://europeanlawblog.eu/?p=2351 (Last accessed on 25/05/2015).

[13] Viktor Mayor Schonberg, Delete: The Virtue of Forgetting in Digital Age, Princeton University Press (2009).

[14] Right to be Forgotten Poses A Legal Dilemma in India, Available at http://www.livemint.com/Industry/5jmbcpuHqO7UwX3IBsiGCM/Right-to-be-forgotten-poses-a-legal-dilemma-in-India.html, (Last accessed on 25/05/2015). Also see We received a Right to be Forgotten request from an Indian user, Available at http://www.medianama.com/2014/06/223-right-to-be-forgotten-india/ (Last accessed on 25/05/2015).

[15] Human Rights and Internet, Available at https://www.humanrights.gov.au/our-work/rights-and-freedoms/projects/human-rights-and-internet (Last accessed on 25/05/2015).

[16] Chinmayi Arun, SMS Block as Threat to Free Speech, Available at http://cis-india.org/internet-governance/www-the-hindubusinessline-op-ed-sep-1-2012-chinmayi-arun-sms-block-as-threat-to-free-speech (Last accessed on 15/07/2015).

[17] Pamposh Raina and Betwa Sharma, Telecom Services Blocked to Curb Protests in Kashmir, Available at http://india.blogs.nytimes.com/2012/09/21/telecom-services-blocked-to-curb-protests-in-kashmir/?_r=0 (Last accessed on 15/07/2015).

Author's Note: All the views expressed are my own and in no way are linked to the opinion of my employers. I thank CIS for this opportunity to explore Internet and Human Rights interface in India as part of the Studying Internet in India essay series.

Note: The post is published under Creative Commons Attribution 4.0 International license, and copyright is retained by the author.

For more details visit https://cis-india.org/raw/blog_studying-the-internet-discourse-in-india-through-the-prism-of-human-rights

Effective Activism: The Internet, Social Media, and Hierarchical Activism in New Delhi

Sarah McKeever — 2015-07-16T08:22:13Z

This post by Sarah McKeever is part of the 'Studying Internets in India' series. Sarah is a PhD candidate at the India Institute, King’s College London, and her work focuses on the impact of social media on contemporary political movements. In this essay, she explores the increasingly hierarchical system of activism on the Internet, based on Western corporate desire for data, and how it is shaping who is seen and heard on the Internet in India.

Background

I will preface this post by stating that as an American, my personal experience of the Internet has been shaped by nearly 18 years as an active user. My experience with digital interfaces, websites, and social media has been formed through my experiences during the Internet revolution in the United States. Academic and personal training have shaped what I determine to be trustworthy, useful, and credible when searching for information. This post is based on field research I am conducting in New Delhi from January through June 2015.

With these preconceptions and standards in mind, I began to research organisations that I felt were credible enough to approach for interviews in January 2015. My current research project investigates the impact that social media has had on the issues of corruption and violence against women in New Delhi, following the social movements on these issues in 2011-2012 and 2012-2013 respectively. I started at an organisational level in order to research the impact that social media and the movements themselves had on organisations working on these issues. Areas of interest include any changes in issue engagement and discourse around gender violence and corruption. I focused exclusively on organisations that have an office in New Delhi and engage in activism in an urban context. Many of these organisations also have a presence in other states and include rural as well as urban projects. I conducted semi-structured interviews in order to engage with the changes wrought by the digital on a qualitative rather than quantitative basis.

Activism and Digital Hierarchy: A Divided Internet?

While conducting initial research, I began to investigate two separate but related areas of inquiry. The first was relatively straightforward: what type of differences were there between groups which actively engaging with the affordances of the Internet and Web 2.0? In my research I examined online awareness groups and campaigns as well as more traditional advocacy and awareness groups that were struggling to translate their work onto the Internet and on social media.

While engaging with the first question, I quickly discovered that the divide between how organisations leveraged the affordances of the Internet - and social media in particular - was stark. Earl and Kimport (2011) write that organisations that directly translate previous advocacy on the ground onto the Internet fail to fully leverage the affordances of the Internet. Organisations that effectively utilise the strengths of the Internet - including flash tactics, crowd-sourcing, and networked leadership - have in fact transformed the world of activism. They have created a new type of “digital activism” through the use of an increasingly digital networked society (Castells 2010, Rainie and Wellman 2012). While this is a simplification of the overall argument – and I personally would argue that in actuality organisations work on a range of digital capabilities and the idea of a spectrum rather than a binary division would be more appropriate at this point – it was clear that both sides were struggling to reach some sort of equilibrium between each other’s capabilities when I conducted interviews with them.

The second inquiry stemmed from my engagement with the first: how was the “active” use of the Internet and social media by an organization translating into an interpretation of their effectiveness? In other words, was an “active” social media presence and a slick website contributing to an impression that they were somehow more impactful than the organisations which lacked these features and is this phenomenon creating a new hierarchy of activism in Delhi?

Many of the organisations that I spoke with who used the Internet and social media “well,” attracted foreign attention and funding. It is clear there is a monetary incentive for organisations to be present and easily accessible via search engines and social media platforms. And while social media has become a huge selling point in India - including in last year’s Parliamentary elections - much of the funding and attention appears to come from outside of India in these particular cases. While social media has become a popular tool for outreach in New Delhi, the emphasis placed on it is possibly being driven by forces outside of India in the activist sphere.

Organisations that had been involved in advocacy and grassroots activism before the Internet boom in India discussed the struggle to make effective use of the affordances of the Internet. My participants unilaterally expressed a desire to engage with the digital audience in India – an audience of approximately 310 million users according to Internet Live Stats (2015) – but were often ill equipped to do so. Stated difficulties included a lack of a dedicated communications and media strategist, lack of experience with social media and web design, and difficulty translating nuanced discussion onto social media sites which are not necessarily designed to facilitate complex and controversial discussions. Some participants directly stated that an online presence, whether it was effective or not, had become essential to obtaining foreign funding and attention, as a digital presence represents a tangible deliverable when applying for foreign grants.

It is clear from any cursory examination of social media sites that the mediums demand an increasing amount of content from its users. Simply put, the more you post, the more you are seen and heard above the increasing noise and chaos of social media. And if being seen and heard represents success, the message itself can get lost in translation. Click bait, sponsored posts, and buzzy headlines attract far more attention and gain more traction than any post attempting to create nuance and demand deeper engagement, at least in the cases I have personally observed and in my experience with activist groups.

The growing popularity of social awareness campaigns and organisations designed for the online world were quite obviously far more successful in utilising social media and web pages to draw attention to a specific issue. These campaigns especially were extremely popular with Delhi youth in particular and effectively used visual displays - such as crowd-sourced images and provocative posters - to highlight issues of gender violence and corruption. Occasionally some participants were outwardly dismissive of older advocacy groups, which they felt were out of step with the times and content to stay in their comfort zones.

In spite of the success of many online campaigns on the issues I researched, few were able to translate the momentum generated by the campaign into a broader discussion and deeper engagement on their chosen issue. While some participants stated this was not necessarily what they desired to do - some chose to remain purely as an awareness campaign without moving into advocacy - other participants stated a desire to do more and engage with the complex cultural, societal, and political constructs surrounding gender and corruption in India. When they attempted to engage in this more nuanced conversation, they often lost momentum on social media and occasionally stopped their campaign efforts altogether.

The rift was clear, and the struggle to merge worlds and effectively translate a variety of skill sets into effective advocacy was fairly well delineated. What troubled me was the implicit assumption that was being made around “effective” and “good” use of the Internet and social media. Why did a glossy website and an “active” social media presence appear to translate into organisational effectiveness? What was driving that assumption? It was an assumption I occasionally found myself making when researching organisations and even in some of my earliest interviews. Why did daily Facebook posts, likes, multiple Tweets, and followers translate into an interpretation of success and impact?

As Western, and in the case of Facebook and Twitter, American publically traded companies, there is a clear business prerogative in encouraging ever-increasing usage of their sites. More posts and tweet equals more data, which can then be analyzed or sold to a variety of different entities that want to utilise this data to create wealth. Facebook and Twitter also happen to be sites that can be used to generate conversation around key issues and act as an easy way to aggregate thousands, if not millions, of users behind a cause. The Arab Spring, Occupy Wall Street, and the Delhi Rape case mobilisations are only some of the hundreds of cases where social media sites have played a key role in mobilizing political, social, and cultural change.

However there is a corporate prerogative at work that is often ignored in these narratives. It is in a social media companies’ best interest to encourage frequent usage, as this is how free services generate revenue. Those who post the most win the race to be seen and heard. Those who do not - or do not have the funds to pay for sponsored posts or tweets - get lost in the shuffle, viewed as out of step and struggling to adapt to modern urban India, regardless of the quality work they may be doing offline. The “good” user is the most active user, regardless of what the content actually is. It can easily be termed as a binary between quantity versus quality, but this diminishes the extremely effective and thoughtful work of some digital media campaigns, which demands a different type of quality to actually become an impactful movement. It is therefore a more complex phenomenon than blindly generating massive amounts of content, but this is certainly a critical piece to digital success.

My conclusion, and one which was discussed and inspired by an early participant, was that it was the social media platforms – including key sites like Facebook, Twitter, and to a lesser extent YouTube - were partially generating and multiplying the aura of effectiveness around organisations and groups which had heavily emphasized social media as a core part of their outreach strategy. This is not to deny the very real success that several of these campaigns have had in generating conversation and change around critical issues in India. It instead questions why our notion of success and effectiveness has been altered so quickly, especially in an urban and digital context.

Based on my fieldwork, I encountered a digital hierarchy in three different aspects in activist groups. These divisions emerge at the level of search engines and ranking, web page aesthetics, and finally social media usage and statistical data. I will briefly examine these levels in the following sections.

Level I: Search Engines and Page Rankings

The first was generated at the level of the search engine. Higher ranked and frequently visited websites appear higher on any search engine page, based on the search algorithm. In the first searches I conducted, several organisations with well-developed and easily navigable websites always appeared high on the search page, and were the first organisations I made contact with. As I began to dig deeper into partner organisations and get recommendations from my participants, I discovered new organisations that had never appeared in any search I had conducted, in spite of their clear links to the issues I was researching. These organisations have less of an audience and less of a digital voice from the very beginning. This is not even engaging with the issue of language on the Internet, as all of my searches were in English and not in Hindi or any other language spoken in India and were focussed initially only on organisations with an office in Delhi.

A second issue at the level of the search engine was that the organisations that appeared highest on the list had links to larger partner organisations in Europe and the United States, and occasionally had head offices in New York or London. The larger global presence may have had an impact on page ranking, as they were more likely to be searched for and recognised globally. The dominance of English on the Internet may also play a role, limiting the potential set of results, though again I made this decision consciously. Language choice has had a demonstrable impact on what a person sees on the Internet and what appears using the same search term. The burden of visibility influencing potential digital impact is clear, and practically forces some organisations to invest in a digital presence without a clear digital strategy. This can prove extremely detrimental – especially if the web page proves difficult to navigate and use, which I discuss in the following section - and move investment away from advocacy and programmes on the ground. Visibility is also a key concern for groups that exist purely as a digital campaign, as their potential success is based almost solely on how easy they are to find. Failure leads to diminished searches and lower rankings outside of the first results page from a search engine, which few people click beyond, thus dramatically limiting the impact an organisational webpage can have from the very beginning.

Level II: Webpage Aesthetics

The second area consisted of the content and ease of use of the website. As a researcher, I was compelled to look into every recommended organisation that engaged with the issues I was researching. That being said the organisations with more developed websites caught my attention and implicitly created the impression that it was a more desirable contact. This is quite obviously not the case in reality, and often the organisations that had less advanced websites and appeared technologically less capable proved to be highly credible sources doing commendable work. However the difficulty of navigating some of the websites, which included issues such as broken hyperlinks, difficult interfaces, and offered very little information on the activities of the organisations would prove deeply unappealing to an observer with less motivation than myself. Going against my own training and experience and trusting the power of the network of recommendations on the ground proved to be just as useful as fairly random web searches. In terms of first impressions, it is difficult to move beyond these issues of navigation for an outside observer which expects a quality organisation to have a quality website.

Again, organisations with head offices based in the United States or Europe often were easily navigable and had high quality webpage design, representing a clear trend and highlighting the emphasis placed on the digital aboard. It was also very clearly which organisations had started on the Internet, based purely on design and functionality, though there was a certain bias as the Internet campaigners I spoke too had all had had great success as an online campaign. Finding failed campaigns would have added a key counterpoint to my work, but the difficulty of doing so proved insurmountable for this particular project. Design and navigability are key indicators of skill and investment in digital presence from an outsider’s perspective. It is less than representative of the story on the ground and the success of an organisation, especially if it is not a purely digital entity.

Level III: Social Media Use and Statistics

The third and final level I encountered was determined by social media use. For every organization or participant I met I did cursory research on the various social media platforms they used, how many likes or followers they had near the day of my interview, and roughly how often the organization posted and tweeted. About 90% of my participant organisations had a least a Facebook page and a Twitter account. The number of followers varied widely, from about 200 to nearly 200,000 on Facebook and Twitter. Daily posts and variety of content was a key component to the success of the more widely followed groups online. It was immediately clear that groups that posted sporadically and without immediately stimulating content did not generate or gain nearly as much digital attention.

Many organisations discussed the struggle to move beyond a closed and familiar network, to reach out to the audience they know is there. But without a clear strategy, and even more importantly without a dedicated communications position, their digital engagement often mirrored their offline audience; a closed network of individuals already dedicated to change in the area the organisation was working in. They often failed to meet the incessant demands of the medium for easy content and had difficulties expanding their reach or message beyond their previously established networks of influence.

Those organisations which were able to attract digital attention on social media, while feeling it was an important tool for outreach – especially for youth in Delhi – and places where conversations on key issues could take place, also discussed the importance of social media statistics as a measurable deliverable. Donors, especially foreign funders, placed an emphasis on growth on social media sites as an indicator of success and growing influence. Whether social media growth can actually be an indicator of influence is still up for debate, but it is indicative of the notion that success means quantity, rather than quality, similar to the Western corporate prerogative of growth. That this is the new measure and standard of success for an activist organization is a troubling trend, and one unlikely to change in the near future.

Conclusion

I have argued that corporate strategies and imperatives are creating this new class system of activism in India. I labelled it a “Western” corporate strategy, based on the American origins of the main players Facebook and Twitter, which are the predominate mediums my participants engaged with and have some of the largest audiences in India. Facebook had 108 million users of May 2014 Twitter has around 19 million users (Statista 2015) in India, though these are estimates and in all likelihood there has been an increase in users. The new hierarchy masks the reality that impact and results cannot be measured by likes and retweets. While there is indeed power in these particular sites, the difficulty in documenting what influence actually translates into in the offline world is a well-documented debate. I do not doubt that the Internet and social media, in urban and increasingly in rural India, have great affordances. But these advances do not have to come at the expense of equally important organisations whose ability to translate these messages digitally is more limited than others, especially when this hierarchy is partially generated by corporate sensibilities whose sole aim is profit generation.

While this hierarchy has been explored as an issue of second-level digital divide- where the issue is not lack of access but lack of training and knowledge of the digital world – I do not believe this is the only issue at stake. The increasing power of large companies to determine the way we interact and the rules of effective communication and transmission are deeply troubling, and leaves little room for alternatives. Collaboration can be an effective way of mitigating some of the differences, but this option is not always available to every group.

While these are questions that require further examination, it is clear that there is a divide between organisation’s digital strategies and whether they are able to leverage the affordances of the Internet and social media applications. I have argued that the operational aspects of social media sites increase this divide in particular, as they demand increasing amounts of data to generate profit. A strong digital presence is increasingly linked to an idea of effectiveness and impact, without investigating offline realities. This in turn can lead to a new hierarchy of activism, which limits the voices of some and magnifies the digital voices of others who are clearly better at manipulating the advantages of the Internet. I do not wish to say that offline activism is more effective than online activism and that we should not engage with digital mediums to promote. I only seek to question how this increasingly digital reality is creating a hierarchal system that is not reflective of offline reality, question what knowledge might be left behind in the process, and critically examine the underlying structures and platforms underlying the growing field of digital activism in India.

References

Castells, M. (2010) Networks of Outrage and Networks of Hope: Social Movements in the Internet Age, Cambridge, MA: Polity Press

Earl, J. and Kimport, K. (2011) Digitally Enabled Social Change: Activism in the Internet Age Cambridge, MA: MIT Press

Internet Live Stats (2015) www.internetlivestats.com Accessed 23 May 2015

Rainie, L. and Wellman, B. (2012) Networked: The New Social Operating System, Cambridge, MA: MIT Press Statista (2015) www.statista.com Accessed 25 May 2015

The post is published under Creative Commons Attribution 4.0 International license, and copyright is retained by the author.

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Users and the Internet

Purbasha Auddy — 2015-07-10T04:20:54Z

This post by Purbasha Auddy is part of the 'Studying Internets in India' series. Purbasha is a SYLFF PhD fellow at the School of Cultural Texts and Records (SCTR), Jadavpur University, with more than eight years of work experience in digital archiving. She has also been teaching for the last two years in the newly-started post-graduate diploma course in Digital Humanities and Cultural Informatics offered by the SCTR. In this essay, Purbasha explores the constructions of the ideas of the Indian Internet users through the advertisements that talk about data packages, mobile phones or apps.

A baby [1] is refusing to be born as (as we learn later, ‘his’) parents cannot afford high-speed internet for smartphones but wi-fi plans offered by an internet service provider satisfy the baby as if the baby is being born for the internet.

The baby [2] comes out of the womb, searches the net on a smartphone, cuts his own umbilical cord, takes a selfie with the nurse, opens every possible social media- account, takes his blue baby boy balloons and finds his own way out of the building leaving behind dumbstruck parents.

The two unreal situations that are described above are the two storylines of two advertisements of the same company trying to sell an internet connection. No, this article will not talk about the aesthetic appeal of these ads, but will look into such creative ways to locate the explanation of the internet and its users instead; to be precise internet and its Indian users.

The two ads described at the beginning do not show any Indian-ness but makes the viewer wonder about how far this ‘born for the internet’ baby can travel with an internet-enabled smartphone. Are these two ads trying to define the internet as a smart product or are they trying to classify the users of the internet rather as smart? Moreover how does one define the internet? It means more than a conglomeration of networks. At this point as I am trying to coin a definition of the internet on my own, my thought-process is occupied with the activities I do on the net but I fail to define it.

A personal note…

In 1995, when VSNL launched the internet in India, I was 10, and engrossed in story books and comics. As I was growing up, I was discovering the world around through books, television, radio and newspapers. I was totally unaware of the practicality of the internet and it remained a fact of general knowledge. Not only me! Not a single friend of mine happened to use the internet or discussed keenly about it. My school did not offer a computer course either. After my +10 board exam, I requested (read demanded) my parents to enroll me in a computer training center which was near my house and had a government affiliation. I learnt basics of computer applications, the programming language Foxpro and basics of the internet. I even got to know how to create a basic webpage. Only when I was required to write a dissertation for my graduation, did I start going to a cyber café to type my dissertation and surf the internet. My parents were really apprehensive about what I was doing in a cyber café which was costing 30 rupees per hour!

Though my parents are still uneasy with the fact that ‘my generation’ remains glued to the internet most of the time, they are amazed on the other hand; how we do net banking, shop online, study, Facebook, exchange email, call a cab or order pizza etc. from the internet. They are happy to remain on the other side of the digital divide.

It has been twenty years that the Indian society has seen the ‘wrong side’ of the internet like hacking, phishing and other grave matters related to social networks. India is a complex society and so is the internet. But India, being the one of the largest potential markets, various services related to the internet are encouraging the probable consumers. Through the advertisements and publicity measures, they are trying to cleanse away the negative notions. They are capturing stories and characters that one can relate herself or himself to, very promptly. Even the ideas of Indian-ness, national integrity and the dreams of aspiring Indians are getting linked with the internet as mobile internet is penetrating very fast to balance the digital divide. Various events of online forgery, hacking and getting access to dicey websites (read pornography) and those matters which came as some sort of a cultural shock, made people less confident to use the internet.

Overcoming the fear…

Recently, these notions have been countered by commercials by an antivirus company. The commercial shows a mother [3] who is no longer anxious to let her son surf the internet because now the antivirus allows her to enable parental control. It is helping the mother as she no longer has to keep constant vigil on the internet-related activities of her son. Other commercial shows a retired old man [4] is not sceptical anymore that his son sends money using online banking. His son and the man use the antivirus which offers safe online banking.

There are two more advertisements I want to describe; the first one features a young man [5] shopping online and updating the viewers that an antivirus protection means safe online transactions. In the second ad, a fashion designer [6] is not bothered to use pendrives as the antivirus scan will protect her computer. These four commercials attempt to confront the fear that pesters the minds of the potential consumers. No beautiful models, male or female, no beyond the world creativity, but simple and set with regular characters discussing vital issues were chosen to reach out to these potential customers.

The next commercial I would like to refer to is about an antivirus for smart phones. The ad creates a euphoria that portrays a bunch of college goers [7] who have the power to protect themselves from spyware and malware and can download various applications seamlessly. Thus the point of overcoming the ‘fear’ of the unknown and the uncontrollable is very important. Maybe the two ads featuring the ‘born for the internet’ baby I begun with, find relevance here. And the question should be asked here again: that how far can one travel along the path of life by means of a smartphone with an internet connection? The adverts suggest a very intelligent and exciting life for those who can access to internet. Everything is sorted if you can stay online. A lonely individual [8] can be a Twitter celebrity. Someone can showcase her or his talent [9] through social media; like one ad shows a girl becoming an online singing sensation by garnering lots of ‘likes’ and ‘shares’.

As mobile phones remains with us most of the time, accessing the internet from it is easier (compared to a computer) and a mobile phone is thus able to furnish prompt services. There are quite a few service providers that woo us with different approaches. Compared to selling internet connections, it is perhaps far less complicated to produce campaigns for fast moving consumer goods. At least in the case of FMCG it is easier to explain the product which is within range of our four senses. But it is quiet a troublesome project to explain the internet given the social back drop in a country like India. This article will not take names of any of the service providers. Instead it will point out the strategies they are adopting to touch an emotional chord for the probable consumers keeping the existing ones. Furthermore, it would like to find out the nature and meaning of the internet and outlook of its users in the Indian scenario.

Power redefined…

The internet providers proclaim through the advertisements that an internet connection on one’s mobile is a ‘power’ for her or him. The power that has the ability to bring all the nuances that is available around. Only the burning questions are:

How to use the power? Whether to play online games, immerse oneself in social networking, and use a search engine to search for the unknown or perhaps read an academic article from Jstor? There are immense possibilities to the power.
How long can the power be used (read limited or unlimited connection)?
How much time does it take to get the result of the power (read the speed of the connection)?
And lastly and very importantly how much does this power cost?

These uncertainties are answered by adverts with creativity and almost 20% of the Indian population tries to grab this power. But of course a large segment is still to be included (inclusion may be harder due to various socio-economic conditions that are deep-rooted within the Indian scenario) in the benefit-circle of this power called the internet. The following storyline of another television commercial shows the power called the internet which can allow pictures or videos to be exchanged instantaneously. An ad shows that the internet is a great help for a mother as she sends a picture of her wailing son after a hair-cut, to her husband. As soon as the mother reaches home with her sad boy, the father having got the same hair-cut also returns and is ready to soothe the boy.

Confidence building apparatus…

Thus, through creative commercials, internet service providers are trying to tell that one should keep an internet connection handy to be confident so that Indians cannot be fooled by anybody anywhere. Several adverts are showcasing the following events that will not occur if one has a mobile internet connection. Such events are quite common and thus one can easily associate oneself with them.

Not a single person on earth can fool you [10].
A corrupt political leader cannot go way without fulfilling the promises s/he made [11].
Baseless prediction of religious leaders can be countered [12].
And one of the ads went even further ahead to suggest that the population of India can be controlled if married couples spend time doing various activities that the internet has to offer [13]!

Self-learning tool…

The ads promote that one of the activities could be self-learning. There is an enormous package of everything available and it is a flexible way to learn. A slow learner [14] in school may not be given special attention in order to overcome learning difficulties but the internet is very patient and it will not complain. Learn how to write poems [15], how to cook, how to make a drone [16], learn French [17]. Furthermore these ads suggest that an internet user is a self-sufficient human being who can find her or his own way using a Google map! Just like two friends learning culinary skills from internet and opening up a restaurant.

An institution…

At this point, the creative pursuit of the commercials take a leap and declare the internet (or the internet connection the particular company is providing) as an institution which is very much inclusive in nature. Those who are barred from getting admission in schools, colleges or universities, are welcome to learn through the institution called the internet and can establish themselves in mainstream society or can learn for the sake of learning. In this case, these ads have pointed out girls are not allowed [18] to go to school, a eunuch [19] is refused everywhere. But they are learning from the internet and compete with the more privileged in mainstream society. Other cases show a mother could not complete [20] her study in law, and her daughter is encouraging her to complete it through the internet. Lastly, these ads try to convince that the institution of the internet is cheaper than regular institutions.

Utility…

Besides the ambitions of the internet stated above, the internet influences human minds in several other aspects. For example, generation gap can be healed if the society takes the bridge of the internet. About two years ago a commercial was produced with the one-liner: ‘Made for the young’ [21]. This ad shows an old man who parties with young boys, has a social network account, plays online games late at night, does video chat. These activities of the elderly character, who has a very optimistic approach towards life, are set in a mundane surrounding. Here it seems, the internet is bridging the generation gap by bringing into its fold and into the mainstream those people who might not have thought of using the internet in real life.

The notion of a huge expense that is incurred in maintaining an internet connection was busted when some service providers brought out ads which said that it was letting people watch a video for only one rupee. Very precisely, this one rupee campaign enacted the frequent quarrels [22] between a taxi-driver and his passenger over loose change and the taxi driver somehow not returning one rupee but instead showing a popular video to the passenger from his phone in lieu of that one rupee. The basic point of all the campaigns is to intensify the market and push the consumers to pay for it anyhow as an internet connection can bring magic to the consumers’ lives as the service providers claim. But who will pay for the internet connection? So they bring out campaign such as a family plan campaign [23] in which the earning member of the family is being encouraged to pay the cost for the internet packs of the other mobile connections in the family which are also provided by the same mobile service operator. These adverts show a family consisting of a super-lazy boy, an ever-angry father, a protective mother and a sweet, little sister needing the internet more than any other services like roaming, calls, or SMS [24].

Service provides are also trying to entice the consumers by providing some utilitarian services which are needed in day to day life. The following are examples of the storylines of a few other advertisements that help its service-takers to transfer money without even going to the banks. The service provider keeps the notion of flexibility of the internet, which can be used according to the need of the people of every segment of the society: a taxi driver [25] from the city sends money to his father in the village; a husband sends money to his pregnant wife [26], a college-going boy [27] requesting his elder brother to send money for mending his scooter. These characters are common and can be found in our everyday surroundings but such characters may be afraid to use such an online service for transferring money. The soothing and caring tone of theses adverts try to assure people to use the service.

As some of the adverts aim to clear the dilemma among prospective consumers, another set of ads celebrate friendship and urge consumers to go back to their roots. In this regard, a storyline of another commercial can be taken into consideration. It tells a story about some school friends [28] who become successful in their own vocations and who remain connected with the help of smartphones and internet connections. One of them locates an old ice-cream vendor in front of the school they used to study in. They came together to meet that vendor from whom they used to buy ice-cream to help him in his business. Here the online activities result in something meaningful.

This article tried to weave one narrative out of many narratives created by several internet service providers. The main intention of the article was to find out how the internet has been defined in the Indian context and how the users are being defined in the commercials. It is found that the internet may seem super-real (if we are not aware of the technical aspects, it is a real wonder!) at first glance but the commercials through the dramatizing efforts are trying to prove its usefulness in many ways. Just like when a young woman [29] finds out someone is retiring from her office, she starts sending photos of the man to their colleagues and instantly it creates a chain of forwarded messages and then everybody gathers to arrange a surprise farewell party. A happy picture indeed!

However something not bright and prosperous also needs to be mentioned. The internet service providers have been offering high speed internet and portray a happy smart life of Indians irrespective of social background and vocation but almost 80% of India remains untouched and are yet to receive the benefits of an internet connection.

Endnotes

[1] MTS India. 2014. "MTS Internet Baby Full Version." YouTube. February 24. https://www.youtube.com/watch?v=rg37kafMsWk.

[2] Premium Adverts. 2015. "Baby - MTS TV Commercial Ad." YouTube. February 18. https://www.youtube.com/watch?v=T3krdHUji8A.

[3] Mukherjee, Pamela. 2014. "Quick Heal - TVC (Hin) Mother’s VO." YouTube. November 4. https://www.youtube.com/watch?v=so-bjUuErBQ.

[4] Thoughtshop Advertising & Film Productions Pvt. Ltd. 2014. "QUICK HEAL 'OLD MAN.'" YouTube. July 16. https://www.youtube.com/watch?v=W1kOcz_1Ra8.

[5] Thoughtshop Advertising & Film Productions Pvt. Ltd. 2014. "QUICK HEAL 'COOL DUDE.'" YouTube. July 16. https://www.youtube.com/watch?v=o2ot0J4ps4A.

[6] Subarna Enterprise. 2014. "Stay protected from virus infected pendrives with Quick Heal Total Security." YouTube. April 10. https://www.youtube.com/watch?v=_rLh0ng70Lc.

[7] Quick Heal. 2013. "Quick Heal Mobile Security TVC (Hindi)." YouTube. March 3. https://www.youtube.com/watch?v=cWiomVUHVHk.

[8] MTS India. 2012. "MTS MBLAZE ‘Always On’ LATEST TVC - Anupam Mukerji." YouTube. July 24. https://www.youtube.com/watch?v=rWfyHMbKtsg.

[9] afaqs. 2012. "MTS MBLAZE TVC - Shraddha Sharma." YouTube. July 17. https://www.youtube.com/watch?v=tsaJtPYTUF8.

[10] Idea. 2014. "Idea ‘No Ullu Banaoing’ Anthem TVC." YouTube. August 8. https://www.youtube.com/watch?v=CZhXSnJ8sXY.

[11] Idea. 2014. "Idea ‘No Ullu Banaoing’ Politician TVC." YouTube. March 13. https://www.youtube.com/watch?v=OahDrQDU24k.

[12] Idea. 2014. "Idea ‘No Ullu Banaoing’ Baba TVC." YouTube. May 11. https://www.youtube.com/watch?v=mf2hYaHtBF4.

[13] Celeburbia Entertainment Media. 2011. "Idea 3G Funny Ad Campaign - India Over Population - Abhishek Bachchan Sir Ji Ad Series." YouTube. July 23. https://www.youtube.com/watch?v=EqtB-IaeEo8.

[14] Idea. 2015. "Idea Internet Network (IIN) Slow Learner 25 sec TVC." YouTube. May 4. https://www.youtube.com/watch?v=GXFk4VL9rWM.

[15] Idea. 2015. "Idea Internet Network (IIN) Military 25 sec TVC." YouTube. May 4. https://www.youtube.com/watch?v=PwAP6PmGzRs.

[16] Neela, Pradeep. 2015. "Idea Internet Network IIN TV Ad - Drone wala." YouTube. January 11. https://www.youtube.com/watch?v=UPTC945gsDo.

[17] Idea. 2015. "Idea Internet Network IIN Guide 20 sec TVC." YouTube. May 5. https://www.youtube.com/watch?v=UkQma9Tyt8E.

[18] Falguni, Vineet. 2015. "Idea Internet Network IIN Haryanvi 25 sec TVC." YouTube. January 20. https://www.youtube.com/watch?v=VdVRGxw4ROI.

[19] iDiotube. 2015. "Idea Internet Network IIN Eunuch 25 second TVC HD." YouTube. April 26. https://www.youtube.com/watch?v=yIZS_-Qm5Ro.

[20] Idea. 2015. "Idea Internet Network IIN Mother Daughter 20 sec TVC." YouTube. May 5. https://www.youtube.com/watch?v=pBHtLU7QGbE.

[21] Indian Tv Commercials. 2013. "Vodafone Commercial(Sep 2013)-Network(Latest Indian TV Ad)." YouTube. September 28. https://www.youtube.com/watch?v=F6ULTFCWBQw.

[22] Airtel India. 2013. "airtel Re 1 Mobile Video - Taxi Ad (TVC)." YouTube. May 22. https://www.youtube.com/watch?v=Hpi2sOOfeIw.

[23] Airtel India. 2015. "Airtel my plan Coffee TVC." YouTube. February 5. https://www.youtube.com/watch?v=4ElCIhsobXc.

[24] Airtel India. 2014. "airtel money TVC - Pay Electricity Bills." YouTube. January 19. https://www.youtube.com/watch?v=yFHurfXS9uI.

[25] Vodafone India. 2015. "Vodafone m-pesa™– Babuji – HD." YouTube. March 16. https://www.youtube.com/watch?v=ktgDPTlFxsU.

[26] Vodafone India. 2014. "Vodafone m-pesa™ - Cable TV – HD." YouTube. June 12. https://www.youtube.com/watch?v=HIMYZDzyHeM.

[27] Vodafone India. 2014. "Vodafone m-pesa™ - Scooter – HD." YouTube. June 2. https://www.youtube.com/watch?v=QQAtnQktHLI.

[28] Advartisement. 2015. "Uncle’s Ice Cream Airtel Network In India." YouTube. March 27. https://www.youtube.com/watch?v=HFsG1G7Ombo.

[29] Nirvana Films. 2015. "VODAFONE – Farewell." YouTube. March 19. https://www.youtube.com/watch?v=aqZVO815MiM.

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