EDITORIAL ANALYSIS: Content moderation through co-regulation

Source: The Hindu

• Prelims:Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, Grievance Appellate Committees (GACs), EU- Digital Services Act (DSA) etc
• Mains GS Paper II:Challenges to internal security through communication networks, the role of media and social networking sites in internal security challenges, basics of cyber security; money-laundering and its prevention etc

ARTICLE HIGHLIGHTS

• Social media platforms regularly manage user content on their website.
  • They remove, prioritize or suspend user accounts that violate the terms and conditions of their platforms.

INSIGHTS ON THE ISSUE

Context

Social media:

• It can be defined as any web or mobile based platform that enables an individual or agency to communicate interactively and enables exchange of user generated content.
• India is the second-largest online market, behind China.
• The majority of India’s internet users are mobile phone internet users
• Common social media platforms:
  • Facebook
  • YouTube
  • WhatsApp
  • Instagram
  • Twitter

How do social media internally regulate content?

• Complaint redressal mechanism: They have complaint redressal mechanisms for addressing user grievances.
  • For example: Facebookset up the Oversight Board(independent body)which scrutinizes its ‘content moderation’ practices.

How does the government regulate social media?

• Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021: It mandates platforms to establish a grievance redressal mechanism to resolve user complaints within fixed timelines
• Amendment in rules(Grievance Appellate Committees (GACs): Comprising government appointees, who will now sit in appeals over the platforms’ grievance redressal decisions.
• Section 69A of IT Act: Power to issue directions for blocking for public access of any information through any computer resource.

Benefits of Social media:

• Democratization of Information
• Participation of Wider and Heterogeneous Communities
• Cheap and Easy
• Countering The Hegemony
• Bridging The Distance
• Direct Interaction With Government officials

Present challenges:

• Social media now has millions of users:Existing government control on online speech is unsustainable.
• Increase in potential harms: With the increasing reach of the Internet, its potential harms have also increased.
  • There is more illegal and harmful content online today.
  • Examples: Disinformation campaigns on social media during COVID-19 and hate speechagainst the Rohingya in Myanmar
• Hate speech and Rumors
• Fake News: There are number of edited images, manipulated videos and fake text messages spreading through social media platforms
• Online Trolling: Trolling and threatening those who do not agree with their views
• Women Safety: Women face cyber rape and threats that affect their dignity severely.

What is modern intermediary law?

• Content removal: Under such a law, government orders to remove content is not only necessary and proportionate, but also comply with due process.
• Example: European Union (EU) Digital Services Act (DSA):It requires government take-down orders to be proportionate and reasoned.
• Content moderation decisions: Intermediary law must devolve social media content moderation decisions at the platform level

What steps need to be taken?

• Responsibility with platform: Platforms must have the responsibility to regulate content under broad government guidelines.
• The Co-regulatory framework: It will serve following functions:
  • Autonomy: Platforms will retain reasonable autonomy over their terms of service.
  • Harmful content: Co-regulation will give them the flexibility to define the evolving standards of harmful content.
  • Alignment: co-regulation aligns government and platform interests
  • Outsource content: co-regulatory mechanisms allow the state to outsource content regulation to platforms, which are better equipped to tackle modern content moderation challenges.
• Platform accountability: It can be increased through algorithmic transparency.

Way Forward

• Modern intermediary law: With increased stakes in free speech and with increasing online risks, a modern intermediary law must re-imagine the role of governments.
• Co-regulation: It will give them the flexibility to define the evolving standards of harmful content, thereby obviating the need for strict government mandates.
  • This will promote free speech online because government oversight incentivises platforms to engage in private censorship.
• Incentivising platforms to act as Good Samaritans will build healthy online environments.
• Due process: Whenever platforms remove content, or redress user grievance, their decisions must follow due process
  • They must adopt processes such as notice, hearing and reasoned orders while addressing user grievances.

QUESTION FOR PRACTICE

1. What is the CyberDome Project? Explain how it can be useful in controlling internet crimes in India.(UPSC 2019)

(200 WORDS, 10 MARKS)