Centre for Internet and Society

Links in the Chain, June 15, 2011

tettner — 2011-08-23T04:26:39Z

For more details visit https://cis-india.org/digital-natives/publications/Links%20in%20the%20chain%20June%2015th-%202011.pdf

Links in the Chain Mid-year Issue

tettner — 2011-08-23T04:27:41Z

For more details visit https://cis-india.org/digital-natives/publications/Mid-year%20Edition%20-%20Final.pdf

Links in The Chain - Volume III issue II

tettner — 2011-08-21T12:35:13Z

For more details visit https://cis-india.org/digital-natives/publications/Links%20in%20the%20Chain%20Volume%203%20Issue%202.pdf

Links in The Chain - Volume III issue I (Spanish)

tettner — 2011-08-21T12:35:32Z

For more details visit https://cis-india.org/digital-natives/publications/Vol3%20Issue%201_Spanish.pdf

Links in The Chain - Volume III issue I

tettner — 2011-08-21T12:36:02Z

For more details visit https://cis-india.org/digital-natives/publications/Links%20in%20the%20Chain%20Vol%20III%20issue%20I.pdf

Know your Users, Match their Needs!

rebecca — 2012-02-27T15:06:14Z

As Free Access to Law initiatives in the Global South enter into a new stage of maturity, they must be certain not to lose sight of their users’ needs. The following post gives a summary of the “Good Practices Handbook”, a research output of the collaborative project Free Access to Law — Is it Here to Stay? undertaken by LexUM (Canada) and the South African Legal Institute in partnership with the Centre for Internet and Society.

Almost ten years have passed since the Montreal Declaration on Free Access to Law (FAL) was signed by eight legal information institutes and other FAL initiatives. Today, the Free Access to Law Movement (FALM) is growing with over 30 initiatives having signed onto the Declaration and providing free, online access to legal information. While the movement continues to gain momentum, the big question no longer remains why we need free access to law, but instead how FAL initiatives can continue to do so sustainably in the long-term. The principles of access and justice underpinning the FALM have been well-argued and few would dispute the notion that citizens ought to have access to the laws under which they are governed. As the Montreal Declaration states: "Public legal information from all countries and international institutions is part of the common heritage of humanity…Maximizing access to his information promotes justice and the rule of law" (2002).

Regardless of legal system or political context, the importance of securing free online access to the law has been recognized from a variety of perspectives. Whether FAL is considered a critical democratic function or simply an essential efficiency within any legal system, it is difficult to contest that the internet has increased the accessibility of and ease with which legal information is being published and shared online. Setting the ideological and practical foundations of the movement aside, effectively demonstrating the impact of FAL initiatives and to secure their sustainability in the long-term remains the next big challenge for the FALM. Today, there is a growing necessity for grounded and realistic indicators that can validate some of the long-held assumptions around the impacts and outcomes of FAL initiatives. Furthermore, and perhaps more importantly, there is also a need for a more nuanced understanding of the factors that influence the sustainability of FAL initiatives— particularly in resource-scarce and often nebulous legal systems of the Global South.

This blog post provides some insight into the questions above through a brief summary of the results of the study Free Access to Law—Is it Here to Stay? This global comparative study was carried out by LexUM (Canada) and the South African Legal Institute in partnership with the Centre for Internet and Society. The project set out to begin providing answers to some of these critical questions around the impacts and sustainability of the FALM. It was initially hypothesized in the study that the sustainability of a FAL initiative rests upon a particular string of contingent factors. To begin, a particular condition would incentivize the creation of the FAL initiative — more often than not meeting the unmet needs of those requiring access to legal information. Next, if the FAL initiative is able to provide the service within a favourable context, it was suspected that it would produce favourable outcomes for both users and society at large. In turn, if the FAL initiative was able to provide benefits to users, it was theorized that these benefits would then stimulate reinvestment into the FAL initiative — forming a positive and sustainable feedback loop.

As the Good Practices Handbook highlights, the research hypothesis provided an accurate reading of what the sustainability chain of a FAL initiative might look like in practice. If unable to keep up with the evolving information requirements of their users, this study suggests that FAL initiatives run the risk of FAL becoming outdated and even outperformed by either government-based or private sector initiatives. This is why FAL initiatives must continue to be innovative and find new ways to meet users’ needs. Approaches take my include keeping their collections up to date, fine-tuning their services or even reinventing themselves through the provision of value-added services. Gathered from the experiences of the eleven countries across Africa and Asia examined in this study, the following is a brief summary of the nine “Good Practices” that emerging FAL initiatives can consider:

The FAL initiative should establish clear objectives: Before doing anything, the FAL initiative should decide what exactly it’s setting out to do…critical components such as content selection, targeted audience, expected reach, search functionalities and other website features help determine priorities and evaluate capacity to achieve these objectives.
How to be small and do big things: Most of the FAL initiatives studied as part of this project were formed of small teams (often less than five individuals). Initially, this may appear to pose a risk for sustainability. However, we saw a number of ways in which small teams have proven to be innovative, flexible, and able to thrive in environments of scarcity. However, as much as small teams can be seen as a source of innovation, they may also pose a risk in the medium to long-term.
FAL initiatives require expertise in both IT and legal information: Legal information management experts understand how the law is applied, how different texts and parts of texts speak to one another, and how these documents are used. IT experts can imagine a variety of ways to address these needs. If both forms of expertise is not available within the team of a FAL initiative, institutional partnerships provide promising sites for collaborative support. For example, the FALM constitutes a rich source of expertise and has proven to be a site of collaboration between established and emerging FAL initiatives. Further, universities have proven to be a significant source of human and financial resources for several FAL initiatives.
FAL initiatives should look to where they are headed (but not too far ahead): Because the purpose of a FAL initiative is to provide free online access to the law, it must secure access to this data for regular publication. How will legal information be received and organized by the initiative? In what format will it be published in? Early on, FAL initiatives need to develop both internal and external workflow processes to ensure that the initiative is able to provide regular access to updated information. Furthermore, an important finding of the study suggests that context plays a much larger role in a project’s sustainability. Consideration should be given to a country’s ICT infrastructure, the transparency of a government and their access to information regimes, and the nature of the legal information market when designing the workflows of an FAL initiative.
FAL initiatives should work with the ICT infrastructure in place: The quality and consistency of internet access varies across countries in the Global South. FAL initiatives should remain aware of how stakeholders and users are accessing the internet and develop their service accordingly. Considering the often intermittent nature of internet connectivity in the Global South, providing users with offline access to databases is a practical alternative.
FAL initiatives should use Free and Open Source Software: FAL initiatives should maximise their use of FLOSS. All FAL initiatives use FLOSS to some extent and without these flexible and cost-effective alternatives, it would be safe to infer that the FALM would have grown as quickly as it has.
FAL initiatives should be sensitive to culture: FAL initiatives rely on stakeholders and communities of users. Staying mindful of the professional and organizational cultures within a country may provide the initiative with a source of community support which may become a sustainability strategy. Further, integrated or parallel social networking platforms can play an essential role in community-building around the FAL initiatives and can also serve as another source of content in resource-scarce environments.
Find your users, match their needs: Project goals and appropriate strategies should be based on an in-depth understanding of the needs of those using the FAL initiative. As the sustainability chain suggests, when FAL initiatives produce positive outputs and outcomes, stakeholders will reinvest in the initiative to ensure its sustainability. If a user’s needs are effectively met by an FAL initiative, this group can provide either the resources or impetus for its continued success. Identifying who your users are and staying aware of their needs is a good way to secure reinvestment into the project.
FAL initiatives should diversify funding sources: This may be easier said than done — reinvestment can be the most challenging aspect of sustaining a FAL initiative. Early on, initiatives that receive donor-based funding benefit substantially upon investment. However, these initiatives are put at significant risk once initial seed funding has been depleted. Similarly, FAL initiatives that partnerships with other during their start up phase face similar fates as securing long-term service delivery can become a challenge. Possible funding sources included throughout the study include, among others: government, international development agencies or NGOs, the judiciary, law societies and the sale of value-added services.

In addition to these good practices, this study has emphasized the role the that the FALM has played in helping redefine online legal information as a public good. Each of the case studies demonstrates in a unique way the value openness plays in a legal information ecosystem, and how a robust digital legal information commons can be of benefit to users. Traditionally, the legal information market has been dominated by a select number of commercial players. In response, the FALM has created an important transnational space within which conversations around the provision of and access to legal information as a political right rather than a commodity to be bought and sold can take place. Encouragingly, governments in the Global South are catching and FAL initiatives from the South have proven to be immense sources of innovation in their own right. In Indonesia, for example, FAL initiatives have laid the groundwork for emerging government initiatives that are now prioritizing the provision of free, online access to legal and other government information. Today, I believe that we are witnessing an important paradigm shift as governments are beginning to recognize that “access” to legal information is a right to be held by the public.

Despite such headway, it is needless to say that FAL initiatives in the Global South continue to face immense sustainability challenges. However, it is hoped that this study can provide some practical insights for emerging initiatives and partnerships. However, as more FAL initiatives begin entering into the next stage of maturity and growth, it is more important than ever that they are able to adapt to adverse environmental changes and form long-lasting partnerships with information sources within government. Most importantly, FAL initiatives must remain dynamic and responsive to users’ needs. To do so, they must be able to tailor and expand their services, offerings and user-base. To secure their sustainability and relevance in the long term, they must also be continuously strengthening their ties and maintain open communication flows with users. If FAL initiatives are able to successfully make the transition from being supply side initiatives to becoming demand driven services, the FALM will be well-positioned for another decade of sustainable growth.

Download the collection below:

Good Practices Handbook (426 kb)
Environmental Scan Report (860 kb)
Local Researcher's Methodology Guide (1225 kb)

The full collection of case studies and the Good Practices Handbook was originally published on the Project Website. The Centre for Internet and Society oversaw the following case studies: India, Hong Kong, Indonesia and Philippines.

For more details visit https://cis-india.org/openness/blog-old/know-your-users

Jurisdictional Issues in Cyberspace (PDF)

praskrishna — 2011-08-21T13:35:36Z

file

For more details visit https://cis-india.org/internet-governance/publications/jurisdictional-issues

Internet, Society & Space in Indian Cities

Pratyush Shankar — 2016-06-29T09:41:25Z

The monograph on Internet, Society and Space in Indian Cities, by Pratyush Shankar, is an entry into debates around making of IT Cities and public planning policies that regulate and restructure the city spaces in India with the emergence of Internet technologies. Going beyond the regular debates on the modern urban, the monograph deploys a team of students from the field of architecture and urban design to investigate how city spaces – the material as well as the experiential – are changing under the rubric of digital globalisation. Placing his inquiry in the built form, Shankar manoeuvres discourse from architecture, design, cultural studies and urban geography to look at the notions of cyber-publics, digital spaces, and planning policy in India. The findings show that the relationship between cities and cyberspaces need to be seen as located in a dynamic set of negotiations and not as a mere infrastructure question. It dismantles the presumptions that have informed public and city planning in the country by producing alternative futures of users’ interaction and mapping of the emerging city spaces.

Chapter 1 (City, Technology and Cyberspace) talks about the presence of a new technology of information communication in the society and how it can possibly impact cities in terms of their material production and other cultures. Does the rush of Information Technology in our society and space mark a radical shift in a manner in which cities will develop or is it a part of a larger continuous process that started with the Industrial revolution and reorganization of cities?

Chapter 2 (The Idea of Space) examines that cities not only provide the necessary environment for such a change but also readjust their own spatial configurations. It aims to understand the nature of such transformation both from the perspective of the change in material culture and in imagination of cities due to the advent of Internet related technologies.

Chapter 3 (The Imagination) looks at the fact that city is not only lived in but also imagined. Representation of the city and its part play an important role in shaping the imagination. The imagination is one that often collapses the past with present and future. The perception of the city is as much mediated by the collective imagination (as well as individual interpretation of the same) as by our experience of the space itself.

Chapter 4 (The Transformation) examines the city restructuring process. Cities like nations are now competing for investments from private corporate. The networked cities of India, Bangalore and Gurgaon have been studied further to understand the phenomenon of this IT related restructuring from the point of view of its transformed physical morphology and its repercussion on the nature of its public places.

Pratyush concludes by saying that cities seem to derive their identities with two kinds of imagination structures when it comes to space. First and foremost is the imagination resulting from the meta narratives of mythology, religious belief structure, position of humans in this world. The other imagination structure is the one, which engages with the land, folk and the immediate cultural practices of the community group. He further elaborates that the city restructuring process in India is supposed to symbolize the existence of the information technology but it is really real estate and economic opportunism more than anything else.

Download the monograph: PDF (9.8 MB)

For more details visit https://cis-india.org/raw/histories-of-the-internet/internet-society-space

Intellectual Property Rights — Open Access for Researchers

nehaa — 2015-03-24T01:22:20Z

In the year 2013, Nehaa Chaudhari had worked on a module on Intellectual Property Rights for United Nations Educational, Scientific and Cultural Organization (UNESCO)'s Open Access Curriculum (Curriculum for Researchers) as part of a project for the Commonwealth Educational Media Centre for Asia. UNESCO published the module this year. Nehaa Chaudhari and Varun Baliga were among the Module preparation team. Nehaa Chaudhari was the writer for Units 1, 2 and 3: Understanding Intellectual Property Rights, Copyright and Alternative to a Strict Copyright Regime.

This publication is available in Open Access under the Attribution - ShareAlike 3.0 IGO (CC-BY-SA 3.0 IGO) license (http://creativecommons.org/licenses/by-sa/3.0/igo/). By using the content of this publication, the users accept to be bound by the terms of use of the UNESCO Open Access Repository (http://www.unesco.org/open-access/terms-use-ccbysa-en).

Module Introduction

Intellectual Property Rights (IPR) are set of rights associated with creations of the human mind. An output of the human mind may be attributed with intellectual property rights. These are like any other property, and the law allows the owner to use the same to economically profit from the intellectual work. Broadly IPR covers laws related to copyrights, patents and trademarks. While laws for these are different in different countries, they follow the international legal instruments. The establishment of the Wold Intellectual Property Organization (WIPO) has established the significance of IPR for the economic growth of nations in the knowledge economy.

This module has three units, and while the Unit 1 covers the basics of IPR, Unit 2 expands in detail the components of copyright and explains the origins and conventions associated with it. Unit 3 discusses the emergence of liberal licensing of copyrighted work to share human creation in the commons. In the last unit, we discuss the Creative Commons approach to licensing of creative works within the structures of the copyright regime that permits the authors to exercise their rights to share in the way they intend to. Creative Commons provides six different types of licenses, of which the Creative Commons Attribution license is the most widely used in research journals part of the Open Access framework.

At the end of this module, you are expected to be able to:

Understand intellectual property rights and related issues
Explain copyright, authors’ rights, licensing and retention of rights; and
Use the Creative Commons licensing system

Acknowledgements

Nehaa would like to thank Varun Baliga and Anirudh Sridhar for their research and writing support in Unit 1, and Samantha Cassar for Unit 2.

Click to download the PDF containing the Modules. Also read UNESCO’s Open Access (OA) Curriculum is now online

For more details visit https://cis-india.org/a2k/blogs/unesco-nehaa-chaudhari-march-19-2015-communication-and-information-resources-news-and-in-focus-articles-unesco-open-access-curriculum-is-now-online

Indian Newspapers' Digital Transition

zeenab — 2016-12-09T07:12:53Z

This report examines the digital transition underway at three leading newspapers in India, the Dainik Jagran in Hindi, English-language Hindustan Times, and Malayala Manorama in Malayalam. Our focus is on how they are changing their newsroom organisation and journalistic work to expand their digital presence and adapt to a changing media environment. The report comes out of a collaboration between the CIS and the Reuters Institute for the Study of Journalism, University of Oxford, and was supported by the latter. The research was undertaken by Zeenab Aneez, with contributions from Rasmus Kleis Nielsen, Vibodh Parthasarathi, and Sumandro Chattapadhyay.

Download: PDF.

Cross-posted from the Reuters Institute for the Study of Journalism (December 08, 2016).

Executive Summary

This report examines the digital transition underway at three leading newspapers in India, the Dainik Jagran in Hindi, English-language Hindustan Times, and Malayala Manorama in Malayalam. Our focus is on how they are changing their newsroom organisation and journalistic work to expand their digital presence and adapt to a changing media environment.

The background for the report is the rapid and continued growth in digital media use in India. Especially since 2010, internet use has grown at an explosive pace, driven by the spread of mobile web access, also outside large urban areas and the more affluent and highly educated English-language minority that have historically represented a large part of India’s internet users. Some analysts estimate more than 30% of Indians had some form of internet access by the end of 2015 (IAMAI-IMRB, 2015). With this growth has come a perceptible shift of audience attention and advertising investment away from legacy media like print and television and towards digital media. This shift has been accompanied by the launch of a number of new digital media start-ups in India and, especially, the growing role of large international technology companies investing in the Indian market.

These developments present Indian newspapers with new challenges and opportunities. Print circulation and advertising is still growing in India, but more slowly than in the past, and especially the English-language market seems saturated and ripe for the shift towards digital media that has happened elsewhere. From 2014 to 2015, the Indian advertising market grew by 13%. Print grew 8%, but English-language newspaper advertising only half of that. Digital advertising, in contrast, grew by 38%, and is projected to continue to grow for years to come as digital media become more central to India’s overall media environment (KPMG-FICCI, 2016).

If they want to secure their long-term future and continued editorial and commercial success, Indian newspapers have to adapt to these changes. The three case studies in this report represent three different examples of how major newspapers are navigating this transition.

Based on over 30 interviews conducted with senior management, editors, and rank-and-file reporters from three major newspapers, as well as other senior journalists and researchers who have wider experience in the Indian news industry, plus secondary sources including industry reports and academic research, we show the following.

All three newspapers are proactively investing in digital media technology and expertise, and adapting their editorial priorities, parts of their daily workflow, distribution strategies, and business model to the rise of digital media. Tools like Chartbeat are now commonplace; search engine optimisation, social media optimisation, and audience analytics are part of everyday work; and some are experimenting with new formats (Hindustan Times was a launch partner for Facebook Instant Articles; Manorama Online has produced both Virtual Reality and 360 videos, an Apple watch app, and is on Amazon Echo).
Given that the print newspaper industry is still growing in India, especially in Indian-language markets, these newspapers are innovating from a position of relative strength in comparison to their North American and European counterparts. However, this is done with the awareness that that print is becoming a relatively less important part of the Indian media environment, and digital media more important. Short-term, reach and profits come from print, but longer term, all have to build a strong digital presence to succeed editorially and commercially.
All three newspapers aim to do this by building on the assets they have as legacy media organisations, and trying to leverage their brand reputation, audience reach, and editorial resources to maintain an edge over digital news start-ups and international news providers. Their legacy, however, offers not only assets, but also liabilities. As successful incumbents, all of them struggle with the inertia that comes from established organisational structures and professional cultures. To change their organisation and culture, and thus more effectively combine new technologies and skills with existing core competences, each newspaper is not only investing in digital media and personnel, but also trying to change at least parts of the existing newspaper to adapt to an increasingly digital media environment.
They do this in different ways. At Dainik Jagran and Malayala Manorama, the focus has been on building up separate digital operations at Jagran.com and Manorama Online, apart from the printed newspaper itself. At the Hindustan Times, in contrast, the aim has been to integrate print and digital in a joint operation working across platforms and channels. Dainik Jagran and Malayala Manoroma have thus focused mostly on building up new digital assets, whereas the Hindustan Times has been transforming existing assets to work across platforms. At Dainik Jagran and Malayala Manorama, much of the push for change has come from management, whereas there has been a stronger editorial involvement at the Hindustan Times, and a greater attempt to engage rank-and-file reporters through training sessions and other initiative designed to demonstrate not only the commercial importance, but also the editorial potential, of digital media.
All three newspapers have found that expanding their digital operations requires investment of money in new technologies and in staff with new skills. But it is also clear that this is not enough. Investment in technology has to be accompanied by a change in organisation and culture to effectively leverage existing assets in a digital media environment. In their attempts to do this, the most significant barriers have been a perceived cultural hierarchy, deeply ingrained especially in the newsroom, that print journalism is somehow inherently superior to digital journalism, and a lack of effective synergy between editorial leaders and managers, often combined with a lack of technical know-how. Money can buy new tools and bring in new expertise, but it cannot on its own change culture, ensure synergy, or align the organisation with new priorities. This requires leadership and broad-based change. Long-term, senior editors, management, and rank-and-file reporters will have to work and change together to secure Indian newspapers’ role in an increasingly digital media environment.

Digital media thus present Indian newspapers with challenges and opportunities similar to those newspapers have faced elsewhere. Only they face these from a position of greater strength, because of the continued growth in their print business, and with the benefit of having seen how things have developed in more technologically developed markets. We hope this report will help them navigate the digital transition ahead.

For more details visit https://cis-india.org/raw/indian-newspapers-digital-transition

India Study Tour - Report: The South African Telecommunications Sector: Poised for Change

radha — 2011-08-24T08:02:09Z

CIS in collaboration with the LINK Centre, Graduate School of Public and Development Management, University of the Witwatersrand, South Africa and in association with different institutions across India organized a Lecture Tour by Sagie Chetty from 19th Oct to 30th Oct. A report on this study tour is given by Sagie Chetty.

India Study Tour Report

2009-10-17 to 2009-11-01
Sagie Chetty, Masters of Management ICT Policy & Regulation
Student Number 0617514V
Supervision: LINK Centre
Graduate School of Public and Development Management
University of the Witwatersrand

Sagie Chetty is a Senior Manager at Eskom, South Africa’s largest Electricity Utility and a Masters of Management student in the field of ICT Policy and Regulation at Wits University. My research dissertation is entitled “Analysing processes for regulating interconnection in India and South Africa.” Wits LINK Centre and the Centre for Internet and Society (CIS) in Bangalore arranged for a study/lecture tour to India for the period from 17th October 2009 to 1st November 2009. As part of the tour, I presented a number of talks to students and faculty members at various universities and institutions around the country, on the subject of the Telecommunications Landscape in South Africa. I used the opportunity to inform students on the development of the telecommunications sector in South Africa; to build relationships between the LINK centre and the institutions I visited; and, most importantly, to conduct interviews with academia, economists and regulatory authorities in India to gather essential material for my research paper.

Presentations were held at a number of universities, namely the Indian Institute of Technology (IIT), Chennai and IIT, Mumbai; the International Institute of Information Technology (IIIT), Bangalore; and the Indira Gandhi National Open University (IGNOU), the National Institute of Science, Technology and Development Studies (NISTADS) and the Jamia Millia Islamia University – all based in Delhi. The visit concluded with meetings with officials from the Telecoms Regulatory Authority of India (TRAI).

The presentations were well attended and discussions were robust and thought provoking. The South African telecommunications sector was seen as being non-competitive with unnecessarily high ownership by government in the telecommunications sector. From the information provided, students concluded that the SA telecommunications regulator was weak and lacking in the commensurate skills to manage this highly technical sector.

On the other hand, students gravitated between having admiration for India’s own telecommunications regulator, TRAI and criticism of TRAI’s inability to improve broadband take-up in India. Students commended TRAI’s technical skills, independence and its courage in standing up to powerful mobile companies and incumbent telecommunications companies. However, lack of policy direction with regard to broadband rollout is seen as a major failure. Comments regarding this failure are attributed to TRAI’s driving down of telecommunications prices to levels that do not allow for infrastructure investment.

The future for broadband in India lies in mobile technology and some predict that fixed line will be defunct by 2025. Some academics also believe that there are too many players in the telecommunications sector in India making spectrum allocation highly competitive and therefore, very expensive. These costs will have to be recovered and the end users will pay dearly for this. Therefore, the model that the Department of Telecommunications (DOT) is using for spectrum auctions is being questioned by students and academics.

The innovation that I observed in India relates to CIS’s early work in projects assisting the visually impaired to read; the writing of 4G standards at the IITs and the innovation with regard to interconnection usage charges (IUC) at TRAI. These are some of the lessons that I have taken back to South Africa.

My observation of students in India is that they are highly motivated and eager to learn. Entrance to the universities is highly sought after and universities have high standards and are generally difficult to get into. The IITs certainly are increasing the requirements for students to get into them. The institutions are vibrant and are fertile grounds for thought leadership and innovation. India is producing a veritable number of PhDs and institutions seem to offer funding for capable students. South Africa needs to re-examine the funding model for students here. My impression is that students in South Africa do not have similar support as their counterparts in India.

The talks generally concluded with a re-affirmation of the strong historical and cultural links between South Africa and India. Mahatma Gandhi’s time spent in South Africa developing his notion of non-violent protest is well known in India and will always bind our countries together.

India is a vibrant country with an economic engine that is gathering revolutions. Its future is bright and its institutions are producing bright young minds to take their place in this awakening economic giant. South Africans can do well in learning from this super power in the making.

Report

Videos

For more details visit https://cis-india.org/telecom/blog/india-study-tour-report-by-sagie-chetty

High Level Summary

praskrishna — 2011-08-21T12:50:55Z

High Level Summary

For more details visit https://cis-india.org/internet-governance/publications/high-level-summary

G3ict-White Paper

radha — 2011-08-22T13:17:44Z

G3ict -White Paper

For more details visit https://cis-india.org/accessibility/publications/Web%20Accessibility%20Policy%20Making-%20G3ict%20White%20Paper-%20CIS%20Bangalore-%20India%202009.pdf

From Health and Harassment to Income Security and Loans, India's Gig Workers Need Support

Zothan Mawii (Tandem Research), Aayush Rathi (CIS), and Ambika Tandon (CIS) — 2020-05-19T06:57:36Z

Deemed an 'essential service' by most state governments, and thereby exempt from temporary suspension during the COVID-19 lockdown, food, groceries and other essential commodities have continued to be delivered by e-commerce companies and on-demand services. Actions to protect workers, who are taking on significant risks, have been far less forthcoming than those for customers. Zothan Mawii (Tandem Research), Aayush Rathi (CIS) and Ambika Tandon (CIS) spoke with the leaders of four workers' unions and labour researchers to identify recommended actions that public agencies and private companies may undertake to better support the urgent needs of gig workers in India.

Originally published by The Wire on April 29, 2020.

Nearly two weeks ago, news broke that a Zomato delivery worker tested positive for COVID-19 in New Delhi.

As many as 72 families in the south Delhi neighbourhood where he made deliveries have been quarantined, along with 17 other people he worked with. With the luxury of social distancing not extended to delivery workers, the incident further fuelled the apprehensions and uncertainties that they already were contending with. This was only a matter of time.

Deemed an “essential service” by most state governments, and thereby exempt from temporary suspension during the lockdown, food, groceries and other essential commodities have continued to be delivered by e-commerce companies and on-demand services including Swiggy, Zomato, BigBasket, Dunzo, Housejoy and Flipkart.

In choosing to continue operations, these companies have then rushed to enforce measures to put customers at ease. Such measures have included no-contact deliveries, card-only payments, and displaying temperature readings of workers.

Uber and Ola Cabs suspended services in most areas, and announced that in places where they are providing essential services, workers have been instructed to wear masks and observe hygiene standards.

Swiggy and Zomato announced they were communicating with workers about safety and hygiene standards. Zomato has more recently announced that the company is making the Aarogya Setu app mandatory for workers to receive orders.

Relief funds have been set up— donations to these funds continue to be solicited from the public and company executives have made grandiose gestures of contributing their salaries to these funds.

Stark reality

The situation on the ground, however, tells another story. Actions to protect workers, who are taking on significant risks, have been far less forthcoming than those for customers. Workers are also bearing the brunt of arbitrary surveillance measures, like being asked to download the Aarogya Setu app, in addition to scrutiny they are placed under regularly. No such surveillance measures have been placed on customers. The priorities of on-demand service companies are clear: protect the bottom line at the expense of vulnerable workers.

In the absence of any concerted support from the companies, service workers could have looked to the state for relief. None has been forthcoming. Government action has pegged the targeting of relief works and services to those currently eligible for welfare programs and registered under its various schemes. Most gig workers, if not all, are ineligible as a result of the arbitrary conditions underlying these schemes.

We spoke to the leaders of four unions — including the Indian Federation of App-based Transport Workers (IFAT) and the Ola and Uber Drivers and Owners’ Association (OTU)– who represent gig workers across the country about the risks and vulnerabilities that they are having to contend with.

The precariousness characterising gig work could not be starker. A summary of the discussions can be found here, while the recommendations emerging from these discussions have been shared with government officials and company representatives and can be found in full here.

Below are some of the key recommendations that emerged from these discussions.

Health

Many on-demand service companies have not provided workers with any personal protective equipment (PPE), not even to delivery workers who face heightened risks of exposure to the coronavirus at nearly every step of the delivery process.

Some unions had to take to distributing masks, while many other workers continue to incur repeated costs to safeguard their own health. At a later stage, Swiggy announced that workers would be reimbursed for these purchases, but the process is so tedious that workers have found it untenable.

In addition, health awareness campaigns regarding safety measures and risks were also launched very late into the crisis, and then were not in vernacular languages and could not be comprehended by most workers.

In terms of insurance, most platforms have announced financial assistance for workers who test positive for COVID-19. This is aimed at covering their hospital expenses, as well as providing a daily stipend for a limited period. However, these come short as there are no provisions for OPD consultations or even for the cost of going and getting tested (losing one day’s work and then potentially one more before the results come in).

Additionally, the difficulty and expenses of obtaining a test could place an additional burden on workers — as without proof of a positive test, workers will be unable to access this fund in the first place. This is far from the robust health insurance that must be provisioned to ensure workers’ health and safety. Some platforms have made telemedicine services available for workers and while this is a step in the right direction, it must be backed by more tangible protections like covering part of the costs incurred for treatment.

Unions demand that companies provide adequate PPE to workers free of cost —masks, gloves, hand sanitisers, and soap. If platforms continue to ask workers to log in at significant risks to themselves and their families, provision of safety equipment is the basic minimum requirement that must be met immediately. This should also include a plan to ensure workers’ access to clean and hygienic sanitation facilities, as they may not have access to these on their delivery routes.

In addition, platforms must provide health insurance cover in addition to accident insurance coverage and hospitalisation cover for COVID-19. This should include OPD consultations.

Income security and social protection

With services suspended or demand really low, gig workers have either lost their income or seen it fall drastically — delivery workers’ daily earnings are as low as Rs 150-Rs 300 for a full day’s work.

Almost a month into the lockdown, there is little clarity as to who is eligible for the funds that companies have raised, and in what manner and or what purposes it will be disbursed.

Ola Cabs has offered interest free loans to drivers for relief in the short term, while some Uber drivers have received a Rs 3,000 grant from the company. If disbursed universally this would ensure availability of some liquidity for workers, although at this stage it remains unclear if all drivers are eligible to receive the grant.

Workers and unions are afraid that this grant might only be accessible for workers with high ratings, or those who have logged longer hours especially through the course of the lockdown period. This would effectively penalise workers for going to their homes for the lockdown, or being otherwise unable to work. Unions have estimated that not more than 20 percent of workers continue to remain active through the lockdown period.

Moreover, research has shown that workers are not necessarily aware of the protections made available to them as a result of the legalese that companies couch these terms in.

To ensure income security, platforms must make direct cash transfers to all workers who have logged in for at least two weeks between January and April 2020. This should be fixed according to minimum wage standards for skilled work in each state or at Rs 1,000 per day of the lockdown, and will have to be enforced with retrospective effect.

The former should be treated as an entitlement of workers while a portion of the latter can be asked to be repaid by the workers over the course of the next year. The fiscal responsibility for the cash transfers can be shared with governments. Governments can request the data held by these companies for the transfers.

Rent and loans

Some states have announced moratoriums on house rent but again there is no explicit mention of gig workers being included in this — and in states where such a move hasn’t been announced, gig workers must continue to pay house rent without having a source of income to rely on.

On the issue of loan repayments, the RBI allowed lending institutions to grant a three-month moratorium on retail loan repayments as a part of its COVID-19 regulatory package. On the one hand, availing of the moratorium will significantly increase the loan tenure and total amount to be repaid. On the other, several gig workers have reported that the enforcement of the moratorium itself has been piecemeal outside of public sector institutions.

Here again they have to make a Faustian bargain. The government should enforce the RBI’s directive strictly so gig workers get some relief.

Further, several companies themselves have leased vehicles to workers, for which payment of EMI must be ceased through the months of March to May to allow workers some relief without requiring the return of vehicles. Currently, EMIs have only been stalled on the condition of returning vehicles.

Harassment

Workers have been subject to harassment and discrimination by the police and customers alike, making it difficult to continue work. Despite the categorisation of delivery as an essential service, companies are finding it difficult to get easy access to movement passes in bulk, which implies that workers are penalised by being unable to work even if they are available. Companies have come out to allege harassment despite clear directions to allow movement of delivery workers, which points to gaps in enforcement.

Further, frequent barricading has implied that workers are not able to complete orders without diversions despite having passes for movement. Meanwhile, companies continue to mandate door-to-door delivery so as to ensure that customers are not inconvenienced at all. In some cases, this has implied that workers have to travel on foot in barricaded areas to deliver orders.

We recommend that companies urgently set up a helpline for workers to address such issues that may arise in delivery. We also recommend that companies proactively work with the government to map hotspots and containment zones and cease delivery in such areas. Thus far, there is no indication of any such measures by companies.

Post-lockdown revival

The lockdown brings to the fore just how vulnerable gig workers are.

This is a direct consequence of the gig work arrangements structured as disguised employment. Deeming workers as independent contractors and self-identifying as technology providers, on-demand service companies have washed their hands of the responsibility of providing labour protections and social security measures despite exerting extensive control over the conditions of work (such as wages, incentives) and the manner of its dispensing (such as the standard of work, hours of work).

Governments, too, have done little to recognise gig workers although they have been added as a category of workers in the draft Social Security code. Relief measures announced by the government exclude them. However, the government needs to intervene urgently in the current situation.

Platforms are likely to recover once the lockdown is lifted —home delivery services like BigBasket and Grofers have already seen their businesses skyrocket.

However, there is an urgent need to rebuild on-demand work as one that isn’t merely in the service of capital. A first step to that would be to reduce commissions to 5% for at least 6 months so that workers can recover financially. The unencumbered spending to capture market share at the expense of workers needs to be curbed. Enforcing these recommendations will require a coordinated effort between governments and on-demand service companies. As consumers, it is also our responsibility to question companies that do not take on the moral responsibilities of extending adequate worker protections.

With unemployment in the country skyrocketing, it may be the case that on-demand work opens up avenues to securing work. It then becomes imperative to ensure any future of work is one that is inclusive and accounts for the systemic changes that are now impossible to ignore.

While social distancing is a choice truly available to a privileged few, we need to ensure that social protection isn’t.

For more details visit https://cis-india.org/raw/gig-workers-need-support

Feedback on the NIA Bill 2010

praskrishna — 2011-08-24T06:45:09Z

Letter written by Malavika to the UID...

For more details visit https://cis-india.org/internet-governance/publications/letter-to-uid-authority