5 days Ago By Ishika Gupta
Explainer Briefly Slides Minister of Information and Broadcasting, Electronics and Information Technology Ashwini Vaishnaw called into question the principle of safe harbour while stressing the importance of accountability in digital media to counter fake news while speaking at the National Press Day celebrations on November 16, 2024. Vaishnaw also illuminated India’s “ vibrant ” media ecosystem, whic h houses 35,000 registered newspapers, multiple news channels, and a “rapidly expanding” digital media infrastructure. Later, he highlighted the four major perceived challenges plaguing Indian society.
What are these challenges? Calling out online platforms on the lack of verification and accountability, Vaishnaw questioned, “Since the platforms do not verify whatever is posted on those platforms, who will take responsibility for the content published?” He also questioned the Safe Harbour principle developed during the 1990s, linking this to the spread of fake news and disinformation. Outlined in section 79 of the Information and Technology (IT) Act, 2000, India’s safe harbour laws currently protect intermediaries (or platforms) from being held liable for the third-party content they host. MediaNama also reported on how these safe harbour principles support free speech online and contribute to the internet’s general growth.
To explain, experts level safe harbour principles as the basis for free expression and the primary reason behind the availability of a plethora of information online relating to numerous controversial topics. However, with the proposal of the Digital India Bill, 2023, the government of India sought to eliminate the safe harbour provisions and add a provision increasing government oversight by giving itself the ability to issue safe harbour “license-like certifications”. Questioning the relevance of safe harbour provisions in India, Vaishnaw added , “With our diverse society, we have to be extractive.
Therefore, when the circumstances are different, shouldn’t there be a different metric for the platform? Shouldn’t there be more responsibility on the platform?” Shedding light on the financial struggles of traditional media, Vaishnaw asserted that the investment made by such organisations in managing the editorial process is suffering because of the shift in consumer behaviour towards digital media. In essence, he called for the content developed by conventional media to be “fairly and suitably compensated”, the Business Standard reported . Calling out platforms for prioritising content inciting “ strong reactions ” and maximizing engagement , the Union Minister expressed concerns about the factual accuracy of such content.
Deeming this approach “irresponsible and dangerous for society” Vaishnaw advocated for solutions that indicate the impact their systems have on society. While algorithms in their early days hosted a digital public sphere with “speech flowing freely”, now the algorithmic interference amplifies or suppresses the reach of messages, as explained in this BBC report . As the fourth challenge to society, Vaishnaw touched upon the impact on IP rights on content produced by artists across the spectrum when AI “digests” their content.
In doing so he referred to key issues regarding compensation, acknowledgement, safeguards, and ethical concerns. In April this year, Vaishnaw also announced the government’s intent to develop a new law on AI to protect the rights of news publishers and content creators. This development came amid several calls by news organisations demanding copyright protection against generative AI.
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