Just how free should the Internet be in India? And whose job is it to police the Web?
Two recent court cases turn on these questions and, more specifically, whether Internet companies have a responsibility to filter content. In a country where Internet usage is growing exponentially, but where the scars of communal violence, terrorism, and identity politics are fresh, the answers are likely to have deep ramifications for years to come.
In 2005, we deliberately violated the immigration laws of India. We broke the law by producing a documentary film even though we had entered the country on a tourist visa. We broke the law because we wanted to show that Scandinavian companies were in violation of many other laws in India.
We have been posting a lot about the challenges facing the Internet in India recently--see Mannika Chopra's "India struggles to cope with growing Internet penetration." On Tuesday, Angela Saini, a guest blogger on The Guardian's Comment Is Free site, posted "Internet censorship could damage India's democracy," with the subhead "Google and Facebook have been asked to remove offensive content, but it's not just out of a fear of stoking religious hatred." Saini makes the point that the official resistance to the increasing penetration of the Internet goes beyond fears of religious or ethnic violence:
Because of criticism from Hindu fundamentalists, the showing of a documentary by filmmaker Sanjay Kak at the Symbiosis College of Arts and Commerce in Pune has been indefinitely postponed. The conservative student organization Akhil Bharatiya Vidyarthi Parisha protested Kak's film, "Jashn-e-Azadi" (How we celebrate freedom), which is critical of the Indian army's role in Kashmir. In fact, the whole conference, scheduled to start Friday, has been postponed, according to the investigative magazine Tehelka and the BBC.
The case of a cartoonist charged with treason and offending India's national sentiments reflects a growing debate over what constitutes freedom of expression in India. His accusers argue that while it is permissible to make fun of politicians, you cannot make fun of the state. Not everyone agrees.
Oprah Winfrey's first visit to India brought delighted coverage by the Indian media. Her meetings and tweetings with Bollywood stars, her bright orange sari, and her trips to slums and to the Taj Mahal were lovingly detailed by newspapers and TV outlets in that country.
As Internet penetration deepens, largely religiously and socially conservative India is struggling to cope with concerns about controversial web content and its easy accessibility to a vast population, all with little oversight. Local courts have become the launching point for some of the anti-Web offensives.
Amid a raging debate on Internet freedom and censorship in India, members of the government met last week with a clutch of website operators, including representatives of Yahoo, Google, Facebook and Microsoft. In a meeting scheduled to address a wider plan to leverage social media to empower the government, it's unclear whether the touchy subject of filtering content was addressed, and the government said the meeting's tone was conciliatory. In any case, there has as yet been no resolution of the question of who should be responsible for filtering content deemed offensive, or how such a determination should be made
Retired Supreme Court Justice Markandey Katju is shaking things up at the Press Council of India, where he was appointed chairman in October. The statutory body, mandated to look at media freedom and address complaints against the print media since 1966, has often been criticized for ineffectiveness, its role limited to admonishing news outlets.
In the comfort of my London home, far from the dangers of crime reporting in Mumbai, the news flash on television seemed unreal. Senior journalist Jyotirmoy Dey had been killed, pumped full of five bullets in broad daylight. I thought things like this only happened in Bollywood flicks, and that crime reporters in Mumbai never had any reason to jump at shadows. Alas, I was wrong.
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