The government’s recent actions in notifying the Intermediary Guidelines for the internet with minimal public debate have resulted in the creation of a legal system that raises as many problems as it solves. The regulations as presently notified are arguably unconstitutional, arbitrary and vague and could pose a serious problem to the business of various intermediaries in the country (not to mention hampering internet penetration in the country) and also...

Let down by governments that curb free speech, we have become our own hecklers In free speech jurisprudence, there is a concept called a “heckler’s veto”. It means the ability — but not the right — of a private actor, the heckler, to be loud and obnoxious enough to obscure the free speech of others. By pattern, a heckler is someone who is unable to defend his argument by legitimate use...

-The Economic Times   It is welcome that the political leadership has sorted out the turf battle between the Unique Identity Authority and the National Population Register and allowed the Unique Identity Authority to proceed with capturing biometric data and issuance of unique numbers for 40 crore more residents.  The authority has already completed the work for 20 crore people. That leaves half the population to be covered. The NPR personnel and the...

Indian law promotes arbitrary removal and blocking of websites, website content, and online services —making it much easier than getting offline printed speech removed Without getting into questions of what should and should not be unlawful speech, let's take a look at how Indian law promotes arbitrary removal and blocking of websites, website content, and online services, and how it makes it much easier than getting offline printed speech removed. --Pranesh Prakash...

-The Business Standard   But there's work still to be done The government’s decision to geographically split India between two contending registry projects — the Unique Identification Authority of India (UIDAI) and the National Population Register (NPR) — is intended to save on the wastage that would result from duplicate data collection. Now they will use each other’s data, though duplication cannot be entirely avoided – as P Chidambaram, the Union home minister,...