#NoOnlineCensor: Over 100 scribes write to I&B minister Smriti Irani

More than 100 journalists and other professionals related to online media wrote to the Information and Broadcasting minister Smriti Irani expressing their concerns over the ministry’s proposal to extend traditional broadcasting rules and restrictions to the Internet.

The I&B ministry had, in April, decided constitute a committee to frame rules to regulate news portals and media websites. The order said the content on private television channels was regulated by the Programme and Advertisement Codes, while the print media had guidelines from the Press Council of India (PCI). It said there were no norms or guidelines to regulate the online media websites and news portals.

The 10 member committee could include secretaries of the ministries of information and broadcasting, electronics and information technology, home, department of legal affairs and department of industrial policy and promotion as it members. It would also have representatives of the Press Council of India, News Broadcasters Association and Indian Broadcasters Federation.

The letter expressed concern that bringing legacy media structures — such as 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.

“The Internet is the most important invention since the printing press, with a bigger impact than the press. To regulate the printing press would mean strangling thousands and millions of books down the ages that have transformed the world. That is the impact we are looking at. The Internet is the printing press of the digital age. A proposal for its regulation must be debated threadbare before any action,” said Madhu Trehan, the co-founder of NewsLaundry.

She warned about the far-reaching impact that interfering with the citizens’ freedom of expression, online or offline, can have. “The proposal to regulate (and its need at all) must be a consultative process in the most open and transparent way, she added.

Seema Mustafa, the founder-editor of The Citizen, said “The essentially bureaucratic composition of the committee set up by the government of India is an indication of the direction the so called regulation mechanism can be expected to take. Peoples all over the world have opposed and stopped such attempts by governments to control space that has become increasingly valuable for individuals and increasingly for independent media.”

Full text of the letter to Smriti Irani

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.

The letter has been endorsed by all the following:

The letter is still open for endorsements; If you would like to endorse, please visit this website

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)