Indian Government VS Social Media: Is Democratic India Following Communist China’s Media Model?

Twitter has more than 330 million monthly active users globally, with primarily no footmark in China. That’s because the microblogging site is banned in China along with various other social media platforms including Facebook (2.8 billion monthly users). China undoubtedly has one of the most restraining media settings, relying on censorship to control information on the Internet as well as on social media.

The Chinese government not only controls internet content but also prohibits content it believes is not in the interest of the nation-state. Interestingly, the present-day Indian government despite being totally opposite to China, both, ideologically and on the basis of principle, somehow seems to be drawing comparison when it comes to the Communism Model of China wrt Social Media.

Indian Government Vs Social Media: Are We Following China’s Model wrt Social Media?

The Communist Government of China over the years have kept tight control on both conventional as well as social media to avoid possible sedition of its authority. Some of the strategies involved strict media controls by utilizing firewalls, monitoring systems and even closing websites or publications, along with jailing dissident activists, bloggers and journalists.

The Nobel Committee’s awarding of the Peace Prize to jailed Chinese activist Liu Xiaobo in 2010 and Google’s combat with the Chinese government over internet censorship have also amplified global attention towards censorship issues.

Interestingly, democratic India is now moving towards the path of censoring digital media. In fact, the right-wing Indian Government with its Social Media Intermediary Rules 2021 is more likely to make a move akin to Totalitarian China’s model with high government interference — leaving a lethal impact on the user’s right to free speech as well as privacy.

Moreover, the new rule not only undermines the principles of open and accessible Internet but also dents the right to freedom of speech and expression protected in the Indian Constitution. Besides, it can also erode the safe harbour safety provided to intermediaries of the IT Act under section 79. This more or less draws comparison on how Chinese media regulations permit authorities to crack down on news stories despite the Constitution of China giving its citizens the Freedom of Speech and Press.

The New Social Media Intermediary Rules 2021 Does Not Come Through a Law Passed by the Indian Parliament

Unlike the Press Council Act (Print Media) and Cable Television Networks Regulation Act, the novel Social Media Intermediary Rules 2021 doesn’t come through a law passed by the Parliament of India. The new regulation originates by growing the Intermediary Guidelines of the IT ACT 2000.

Now the ambit of the IT Act 2000 doesn’t encompass news media and so the rules laid down in a way do not have the judicial backing to control news media. According to experts these guidelines is a camouflaged system to regulate online news media indirectly by bringing online portals and social media platforms under the tutelage of the IT Act 2000 when in turn there should have been the due process of parliament introspection and resulting legislation.

Also, the rules have been passed and successfully given the force of law without holding or hearing any consultation with stakeholders within the digital media ecosystem.

While nobody really can doubt the need for responsibility and answerability, the rigid way in which the new digital media rules were shaped raises questions as they have a great impact on access to information, freedom of expression and speech along with online privacy — especially now that it comes from a right-wing pro-social media Government. Besides, even draws comparison with the Chinese social media norms despite being on the opposite side when it comes to the political and business ideology

What do you think?