Objecting Move to Regulate Online Media, Journalists Write to Smriti Irani

A remonstrative letter, endorsed by over hundred journalists and professionals working with the online media, was submitted to Information and Broadcasting Minister Smriti Irani on Tuesday. The journalists have expressed their concerns over ministry’s decision to constitute a committee to frame regulations for the online media and digital news websites.

According to an official order issued by I&B ministry in April, a decision was taken to constitute a high-level 10-member committee to frame rules to regulate news portals and media websites.

The journalists, in the letter, said that regulating media on internet through licensing and content regulation “could have a drastic impact on a medium that is widely credited with making the media and information landscape more open and democratic across the world.”

Paranjoy Guha Thakurta, senior journalist expressed ire at the Centre’s attempt to regulate online media. “The government is clearly trying to control the news and online media activities by setting up a different committee. The issues related to fake news and malicious content are different things and the order has very less to do with that,” he said.

While speaking to Newsclick, M Reyaz, an assistant professor of Journalism at Aliah University, Kolkata, said, “The rules and regulations which intend to regulate online media can have adverse effects on people like me, who are also not directly associated with any portal, but at the same time choose to write and share views on various socio-political issues in India.”

The full text of the letter is attached below:

To,

Smt Smriti Zubin Irani,

Minister of Information & Broadcasting,

Government of India.

CC: Prime Minister of India

CC: Minister of Information & Technology

CC: Minister of Law & Justice

CC: Members of Consultative Committee, Information & Broadcasting, Parliament of India

Date: May 1, 2018

Subject: Proposal to bring online content under media regulations

Dear Minister Smriti Irani,

We are a group of Indian citizens who depend on the Internet to gather and share information on a daily basis. We have come to know that this ministry has issued an order dated Apr 4, 2018 seeking to establish content regulations for the Internet modelled on those applicable for traditional media like print and TV. This letter is to place on record our feedback on the said order.

In the order, you make the following statements:

1. There are no norms and guidelines for content shared on the Internet

2. Therefore, the ministry has decided to constitute a committee to frame a regulatory framework for such content

3. Online ‘dissemination of information’ needs to be brought under regulation on the lines applicable to print and electronic media

4. The guidelines shall be sourced primarily from two sources: The Programming & Advertising Code for TV channels put in place by the government, and the norms circulated by traditional media organizations such as Press Council of India, News Broadcasters’ Association and Indian Broadcasting Foundation for their members.

As people engaged constantly in the dissemination of news and views on the Internet, we would like to record our response on each of the four points.

1. On point 1, we deny the assertion there are no norms and guidelines for content on the Internet. Even a cursory reading of the IT Act would reveal that all content is covered under its scope. The Act in fact goes beyond laying down guidelines, and incorporates stiff punishments for those who violate the content norms laid down in it. Similarly, several other laws, such as the Indian Penal Code, also contain clear dos and don’ts for sharing of content, including over the Internet. Therefore, to say that there are no norms and guidelines for content online is contrary to facts.

2. Given that the first premise – that there exists no norms for online content – is incorrect, this statement becomes logically unmaintainable as it relies on the first statement for its validity.

3. Next, the ministry says that online content “needs to be brought under regulation on the lines applicable to print and electronic media.” Our position is that online content is different from print and television content, because most of it is produced by individual citizens in exercise of their constitutional right to freedom of expression, and embodies two way communication and interactivity, and not just publishing. Online, it is also difficult to distinguish between publishing and communications. Much of online content is borne out of an individual’s need to express opinions and exercise artistic freedom, protected by Article 19 of the Indian Constitution. It is also worth noting that, according to the Indian Constitution, an individual has the same right to free speech and expression whether by word of mouth, writing, printing, pictures or any other mode. Therefore, restrictions that do not apply to offline speech cannot be used to control online speech either. On the other hand, provisions that apply to offline behaviour – such as the IPC – are equally applicable, and regularly applied, to online content.

4. The objections to this proposal have already been recorded under point 3.

We reiterate that applying additional regulations on Internet content will:

1. Impinge upon the individual citizen’s freedom of expression guaranteed by the Constitution, and/or

2. Open up the possibility of widespread abuse and attempts to suppress political dissent by the government and/or the regulating agency. We request you to consider these responses, and call upon the government to withdraw its plans to create additional rules for regulation of online content.

This letter has been endorsed by all those who are mentioned below:

Raghav Bahl, Co-founder, The Quint (www.thequint.com)

MK Venu, Founding Editor, The Wire (www.thewire.in)

Paranjoy Guha Thakurta, Sr. Journalist (@paranjoygt)

Nalini Singh, Sr. Journalist (@nalinisinghtv)

Madhu Trehan Co-founder, NewsLaundry (www.newslaundry.com)

Shivam Vij, Sr. Journalist (@DilliDurAst)

Sanjay Pugalia, Editorial Director, The Quint

Aniruddha Bahal Editor, Cobrapost

Raman Kirpal, Managing Editor, NewsLaundry

Shajan Skariah, Founder & Editor, MarunadanMalayali.com

Ritu Kapur, Co-founder, The Quint (www.thequint.com)

Seema Mustafa, Sr. Journalist & Founder of The Citizen

Dhanya Rajendran, Co-founder & Editor, The News Minute

Naresh Fernandes, Editor, Scroll.in

Tanmay Bhat, Co-founder, AIB (www.youtube.com/user/allindiabakchod)

Saikat Datta, South Asia Editor, Asia Times

Abhinandan Sekhri, Co-founder, NewsLaundry (www.newslaundry.com)

Jayadevan PK, Co-founder, FactorDaily (www.factordaily.com)

Samir Bangara, Co-founder, Qyuki Digital Media (www.qyuki.com)

Bharat Nayak, Founding Member & Editorial Director, The Logical Indian

Kishalay Bhattacharjee Author, Defence Journalist, Filmmaker

Harini Calamur, Writer, Filmmaker (@calamur)

Kuldeep Kumar, Sr. Journalist (@kumar55kuldeep)

Amit Varma Editor, Pragati (thinkpragati.com)

Vignesh Vellore, Co-founder & CEO, The News Minute

Rega Jha, Editor, BuzzFeed India

Nikhil Pahwa, Founder, Medianama

Arunava Sinha, Consulting Editor, Scroll.in

Jency Jacob, Managing Editor, Boomlive.in

Geeta Seshu, Journalist & Media Analyst (@geetaseshu)

Pradeep Saurabh, Editor, National Duniya

Rangnath Singh, Sr News Editor, Lokmatnews.in

CH Unnikrishna,n Sr Associate Editor, Business World

Ramanathan S, Partner, The News Minute

Sreejith Divakaran, Executive Editor, Doolnews.com

KC Arun, Editor, Abhimukham.com

Anjan Mitra, Consulting Editor, Indiantelevision.com

Amalendu Upadhyaya, Editor, Hastakshep.com

Pratik Sinh,a Founder, Alt News

Vivek Kaul, Journalist & Author (@kaul_vivek)

Tripti Narain, Lifestyle Editor, India TV Digital

Manav Sethi, Online media industry professional

Prakash K Ray, Editor, Bargad.org (@pkray11)

Joyjeet Das, Head, Copy Desk at Catchnews.com

Akhil Kumar, Reporter, The Wire

Biraj Swain, Columnist, ICFJ Fellow

Atul Chaurasia, Executive Editor, NewsLaundry.com

Rohini Singh, Journalist (@rohini_sgh)

Monu Rajan, Journalist (Hindu Business Line)

Binita Parikh, Journalist (@binita_parikh)

Gyana Ranjan Swain, Founder & Editor, TeleAnalysis.com

Durga Sengupta, Journalist (@the_bongrel)

Ashok Das, Editor, Dalitdaskak.com

Aleesha Matharu, Asst Editor, The Wire

Rifat Jawaid, Founder, JantaKaReporter (former Managing Editor, TV Today)

Kunal Majumder, Journalist (@kunalmajumder)

Akhilesh Krishna, Mohan, Editor, FarkIndia.org

Sandesh Mysore, Journalist (@SandeshMysore7)

Sreejiraj Eluvangal, Journalist (@sreejiraj)

Mahima Jain, Editor, Research Blog LSE (South Asia)

Shireen Azam, Digital Editor, EPW

Shelly Walia, Sr. News Editor, The Quint

Sanjay Rajoura, Stand-up Artist

Roy Mathew, Editor, NewzScoop.com

Mahibul Hoque, Hind Kisan Channel (Youtube)

Tushar Dhara, Journalist (@DharaShukoh)

Ruchi Kumar, Journalist (@RuchiKumar)

Pawanjot Kaur, Journalist, The Wire

Raju PP, Founder, TechPP.com

Subhash Gatade, Writer/Activist

Abhishek Srivastava, Mediavigil.com

Mani Karthik, Blogger (Manikarthik.com)

Raksha Kumar, Journalist (@Raksha_Kumar)

Shweta Sengar, Journalist (@shwetasengar)

Jhinuk Sen, Sr Asst Editor (PCMag, TechRadar)

CL Jose, Businessbenchmark.news

MP Basheer, Editor, The Newsrupt (@mpbasheer)

Soumya Shankar, Journalist (@shankarmya)

Aishwarya Iyer, Reporter, The Quint

Shadab Moizee Journalist (@shadabmoizee)

Jadeer Nandi Journalist @JadeerTK

Blassey Boben, Copy Editor, The Quint

Nadim Asrar, Associate Editor, India Today Online

Makepeace Sitlhou, Journalist (@makesyoucakes )

Lesley Esteves, Digital Editor, National Herald

Thomas Manuel, Journalist (FB:thomasonfb)

Visvak P, Journalist (@visvak)

Meghnad Bose, Reporter, The Quint

Amal Vijiv, Journalist, NewzScoop.com

Sneha Vakharia, Journalist (@sneha_vakharia)

Amandeep Sandhu, Journalist (@_asandhu)

Madhu Nainan, Journalist

Nitesh Pradhan Chief of Bureau, Sikkim Chronicle

Harachand S, Journalist (@pillscribe007)

Dhairya Maheshwari, Reporter, National Herald

Vikas Jangra, Journalist (@vikasjangraji)

Pragya Tiwari, Journalist (@PragyaTiwari)

Rishi Majumder, Journalist (@rishimajumder)

Andre Borges, Video Producer, BuzzFeed

M Reyaz, Asst Prof (Journalism), Aliah University, Kolkata

Ashlin Mathew, News Editor, National Herald

Asad Ali, Journalist (@da_asad_ali)

Parthshri Arora, Journalist (online)

Swapnesh Dubey, Blogger – Youtube (@Swapnesh_Dubey)

Vishnu Sharma, Journalist (@hellovishnu)

Anand Haridas, Journalist (@leospeak)