Breaking: Via an RTI filed with @MIB_India, we obtained 112 pages of complaints filed against Tandav. Sent 40 days before the IT Rules came into force, they triggered OTT censorship in India. Our policy analysis of grave implications on free speech.
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internetfreedom.in/tandav-case-st…
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internetfreedom.in/tandav-case-st…
All of the complaints follow a template.
1. They've been filed majorly in Hindi and English.
2. Almost all were filed in the 3 day span of Jan 16 to Jan 18 2021.
3. Many include similar objections (even language) clustering around hurt religious sentiments.
Read one here:
2/n
1. They've been filed majorly in Hindi and English.
2. Almost all were filed in the 3 day span of Jan 16 to Jan 18 2021.
3. Many include similar objections (even language) clustering around hurt religious sentiments.
Read one here:
2/n
After the complaints were filed, the creators apologized and removed controversial scenes, but multiple FIRs were filed against them.
People went on demanding that censorship and criminal penalties be imposed on OTT platforms. On Feb 25 2021, the government did exactly that.
3/n
People went on demanding that censorship and criminal penalties be imposed on OTT platforms. On Feb 25 2021, the government did exactly that.
3/n
For the first time in India, the new IT Rules sought to regulate OTT platforms like Netflix, Prime and Hotstar. (This will be administered by the Ministry of I&B itself).
Given the sheer gravity of the furore, we believe this is a clear cut case of a heckler's veto.
4/n
Given the sheer gravity of the furore, we believe this is a clear cut case of a heckler's veto.
4/n
The issue:
Provisions of IT Rules are in ADDITION to speech restrictions under Indian law.
They now allow for complaints and action in case of hurt religious sentiments under Clause II(A)(c) of the Code of Ethics.
This means censorship of speech beyond our current laws!
5/n
Provisions of IT Rules are in ADDITION to speech restrictions under Indian law.
They now allow for complaints and action in case of hurt religious sentiments under Clause II(A)(c) of the Code of Ethics.
This means censorship of speech beyond our current laws!
5/n
Anyone can lodge a grievance against a platform's content with a Grievance Officer who must fully address it in 15 days. They can escalate it to a self-regulatory body or even govt ministry.
This can be misused. Like when people review-bomb apps to get them off the appstore.
6/n
This can be misused. Like when people review-bomb apps to get them off the appstore.
6/n
Grievance Officer is only tier-1. Complainants can go to tier 2, but Ministry of I&B has power over this self regulating tier's recognition. Or they can go to tier 3 - but that's the govt itself. The govt can also short circuit this process of complaints by itself - directly!
7/n
7/n
So mull over what we've been stating again and again:
1. These Rules were brought about unconstitutionally. This is clear.
2. This structure was created without statutory basis or public consultation with stakeholders.
We leave you with the words of the SC, circa 1989.
8/n
1. These Rules were brought about unconstitutionally. This is clear.
2. This structure was created without statutory basis or public consultation with stakeholders.
We leave you with the words of the SC, circa 1989.
8/n
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