Farmers’ Protest: Modi Government Used British-Era Law to Give Itself Powers to Suspend Internet

This time the Union government suspended internet within the jurisdiction of 20 police stations in Patiala, SAS Nagar, Bathinda, Sri Mukhtsar Sahib, Mansa, Sangrur and Fatehgarh Sahib.

New Delhi: The legislation invoked by the Union government to give itself powers to block internet services in Punjab last week as farmers prepared to launch their protest, is a British-era law, The Hindu has reported.

On the context of “public emergency” and “public safety”, the Narendra Modi government invoked its powers under the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017 of the Indian Telegraph Act, 1885, to suspend internet within the jurisdiction of 20 police stations in Patiala, SAS Nagar, Bathinda, Sri Mukhtsar Sahib, Mansa, Sangrur and Fatehgarh Sahib since last week, as per the report.

It is noteworthy that a Punjab government official confirmed to The Hindu that the Union government had the power to issue such orders under the Rules and that the Punjab government had not objected it. Meanwhile, the BJP-ruled Haryana government issued orders to suspend internet services in that particular state.

In its report submitted on December 2021, the parliamentary standing committee on communications and information technology had observed that internet shutdowns have implications on national economy, freedom of press, education and healthcare services.  “Under the 2017 Rules, telecom/internet shutdowns may be ordered on grounds of public emergency and public safety. Public emergency and public safety have not been defined in the 1885 Act or the 2017 Rules,” the Shashi Tharoor-led parliamentary committee report added.

Over a dozen accounts on X (formerly called Twitter) and Facebook which functioned as official pages of farmers’ organisations and unions ahead of their ‘Delhi Chalo’ protest have been withheld in India seemingly upon government request.

Also read: ‘Agenda Is to Silence Us’: Key Social Media Accounts Withheld, Farmers Vow to Boycott Centre’s Meetings

X accounts and Facebook pages of prominent farmer leaders like Sarvan Singh Pandher, the coordinator of Kisan Mazdoor Morcha (KMM), Tejveer Singh Ambala, the spokesperson of BKU (Shaheed Bhagat Singh), farmer leader Ramandeep Singh Mann, Surjit Singh Phull from BKU Krantikari, farmer leader Harpal Sangha, Ashok Danoda from Haryana and many others have been withheld.

The officials official pages which supported the movement and posted updates on it – such as  @Tractor2twitr_P run by Bhavjit Singh, Bhartiya Kisan Union (Shaheed Bhagat Singh) and Progressive Farmers Front, run by Guramneet Singh Mangat – are also banned by the government. BKU (SBS) is one of the main farmer unions which was leading the farmers’ protest from Ambala, Haryana. ‘Gaon Sawera’, a page run by independent journalist Mandeep Punia and his personal page has been withheld. Punia was arrested during the 2021 farmers’ protests.

What Regulatory Changes Are on the Anvil for Social Media Platforms, Digital Media?

While not finalised, stricter rules are in the offing and may be centred around compliance and grievance mechanisms.

New Delhi: The Narendra Modi government is in the process of finalising rules that will bring greater oversight for social media platforms like Facebook and Twitter, and may also bring digital media platforms into a regulatory net by establishing a grievance redressal mechanism.

The final text of these proposed regulations, which will be in the form of changes to parts of the Information Technology Rules, 2011 that govern intermediaries, is still not set in stone, one government official told The Wire, and may be changed in response to further inter-ministry discussion.

But what is currently on the table for discussion includes a more comprehensive process for social media companies to remove unlawful content, requiring big companies that provide messaging services to identify the “first originator of… information”, and more detailed compliance and grievance redressal mechanisms.

The final rules will distinguish between smaller and bigger social media platforms, placing greater compliance burden on the latter. But a common thread that appears to run through the proposed rules is requiring companies to perform greater due diligence in removing and responding to user grievances regarding a wide range of content, including that information which is “patently false and untrue… with the intent to mislead or harass a person”.

Bigger companies may also be required to appoint a chief compliance officer and resident grievance officer, both of whom should reside in India and hold an Indian passport. The latter, according to government officials familiar with the current policy discussions, would have to publish periodic compliance reports detailing how many complaints have been dealt with and how many posts or links have been removed as a result of proactive monitoring.

Representative image. Photo: Pixabay

2018-2019 redux

Some of the more controversial changes such as tracing the originator of a message – which law enforcement agencies believe is necessary in dealing with public order situations that are perhaps caused by fake news – were first put out in the public domain in early 2019, when the IT ministry asked for public consultation.

Requiring tracing of messages or tracking the ‘originator’ have been criticised by privacy experts, who believe that it could require services such as WhatsApp to break their end-to-end encryption protocols.

When the draft rules were made public in 2019, many human rights advocates and technology experts criticised the proposed changes, arguing that it would hurt online privacy and be a massive blow to free speech online.

The newest proposed changes will likely seek to provide more context regarding the tracking of the “originator of information”. For instance, one draft points out that no order shall be passed in cases where “less intrusive means” are effective in identifying the first originator of a message.

Another provision appears to ringfence the requirement only to Indian residents, a move that is apparently aimed at getting around the privacy concerns of people who are citizens of foreign countries or live abroad. 

An Economic Times report published two weeks ago said that the proposed changes to the IT intermediary rules were awaiting the law ministry’s nod.

Grievance mechanism for digital media?

Also on the anvil appears to be a ‘Code of Ethics’ for digital media platforms and publishers. This, sources say, will likely provide an oversight mechanism that may involve the information and broadcasting (I&B) ministry. 

The idea of a potential ‘Code of Ethics’ for digital media platforms was first announced last week, when the Centre informed parliament that it planned on bringing about the same, and hinted that it would be part of the changed IT Rules for intermediaries.

Government officials say that under this code, a possible grievance redressal mechanism for digital media may be worked out. While still not finalised, one option is to establish a three-tier structure that sets up an online grievance portal.

Users and readers will be able to register a grievance on the portal, and it will be first addressed at the digital media platform level, failing which it can be appealed at a self-regulating industry association and then finally with the ministry concerned.

Also Read: Javadekar Fields Questions on Regulation of Content on OTT Platforms in Lok Sabha

“Essentially, the idea is to provide an alternative means of dealing with online complaints regarding digital media platforms. This may include both streaming services and digital media websites that deal with news. Final discussions are still ongoing and will be decided soon,” one senior government official, who declined to be identified, told The Wire.

In November last year, the Centre issued an order that brought online news portals and over the top streaming services under the I&B ministry.

Will Self and Why the Death of the Novel Is (Still) Premature

Literary fiction is robust enough to withstand the challenges the 21st century throws at it.

Will Self has declared the novel is “absolutely doomed” – ironically, in an interview to promote Phone, his latest outing in the very medium he is condemning to death. Even casual readers will note that this isn’t the first time that the reigning Eeyore of British literature has announced the imminent passing of our most popular literary form.

Since 2000, Self has used the occasion of the release of his own books to repeatedly argue that the novel is destined to “become a marginal cultural form, along with easel painting and the classical symphony”. During his promotional duties for Umbrella, Self asked whether we are evolving beyond the need to tell stories, while in 2014 he announced the declining cultural centrality of the novel due to the digitisation of print culture in an article to promote Shark.

Self’s obsession with killing off the novel might be more about ego than revenge, but his repeated attempts to plot its downfall form part of a much wider lament. For centuries, writers have been proclaiming the imminent passing of the novel form. More than 60 years ago, J.B. Priestley called it “a decaying literary form” which “no longer absorbs some of the mightiest energies of our time”. More recently, Zadie Smith complained of novel-nausea, while David Peace has asked how it is still possible to “believe in the novel form” because “storytelling is already quite ruined by the individualism of Western society”.

Difficult reading

Reading beyond the exhausted sentiments and sensationalist headlines provided by self-harming novelists, what these sentiments collectively highlight is not the death of the novel at all, but the decline of “literary fiction”. Self’s explicit cultural fear is that a serious kind of novel – novels such as his own – that confront us with “difficult reading” are destined for relegation to the realms of classical music and fine art. What Self’s repeated attempts on the life of the novel actually articulate is a deep-seated fear of the devaluation of literary fiction and its dethroning from a position of economic, popular and critical dominance as a result of the new contexts provided by a social media age.

Prophesying the imminent demise of the novel at the hands of digital technology has become popular in contemporary critical discourse, especially as the form entered the new millennium. Self is one of many authors who have publicly debated the challenges of writing novels in a digital era.

Andrew O’Hagan recently argued that the intense personal perspective offered by platforms such as Twitter and Facebook means that the novel has nowhere left to go in offering an inside account of the lives of others. The crux of both O’Hagan and Self’s sandwich-board arguments ultimately lie in a belief that future readers will be unwilling to disable connectivity and engage only with a physical form of text in relative isolation from the hyper-networked society around them.

But the “death” of literary fiction does not have to come at the expense of the rise of the popular – or of the digital. Smartphones and streaming can sit alongside literary awards and “difficult” novels and offer us vital insights into, and ways of representing, contemporary experience. The novel is perhaps the most hospitable of all forms and opens itself willingly to new voices, languages and technologies. And not all writers are hostile to the impact of the digital on literary form – in their use of social media to tell stories in new ways, both David Mitchell and Jennifer Egan have proved that the novel has an innate ability to ingest and adapt to a rapidly changing world.

The novels of a Self-publicist. Credit: Ebay

Importantly, the novel also presents us with perspectives and experiences different from our own. In its contemporary concern with the trope of an “other” who transgresses the boundary of the domestic home, the 21st-century novel offers a vital consideration of the implications of a post-Brexit Britain. The novel disrupts and challenges, and in turn elicits responses from readers to, the contemporary concerns it presents.

Understanding the world

The etymology of the word “novel” lies in the “new” – and all evidence suggests that the form will continue to evolve – and ingest, rather than ignore, the new languages of the contemporary. The novel – whether in the form of literary or “popular” fiction – helps us to understand the world in which we now live and informs our attempts to navigate both the past and the future. As well as its long-argued innate value, this capacity of the novel to help us negotiate the changes of the present is also key to its survival – and evolution – in the coming century.

As a case for its vitality, Self’s pervasive campaign against the novel couldn’t be more helpful. In repeatedly citing the death of the novel, Self and his band of merry naysaying novelists whip up resolve and resurrection of the form in a context of challenge and change. In doing so, their comments remind us to value this familiar, yet continually innovative form that continues to adapt, ingest and shape-shift, remaining relevant to each generation of readers – and writers.

Literary snobbery and Modernist nostalgia aside, Self’s headline-grabbing soundbites encourage new understandings of wider shifts in novel writing and reading in the 21st century. With writers continually sticking more nails in its half-open coffin, the novel seems destined to remain stuck in critical debates that remain wilfully oblivious to its sustained success in the new millennium.

The ConversationEmerging from a long winter of discontent, perhaps it is the strange fate of the novel to exist in a permanent state of imminent demise and doom, with an innate awareness of itself as the one genre that literature simply cannot do without.

Katy Shaw, Professor of Contemporary Writings, Northumbria University, Newcastle

This article was originally published on The Conversation. Read the original article.