Vol. XXXVII No. 4 October-December, 2018
www.commoncause.in POLICY-ORIENTED JOURNAL SINCE 1982
peech, f hate s
eading lies in the election season? ocial mediapr becoming a tool o Is s ment and s incite
Countering Fake News During Elections 3 Trolls Settle Scores 27 Anatomy of Fake News 5 Online Freedom: At What Price ? 30 Making Sense of Media Lies 11 Annual General Meeting Notice 36 Right to Education: A Reality 23 Annual Report 38
Price: Free distribution to members Regn No. 39331/1982 Please email us at [email protected] if you want a soft copy of the report.
Jointly prepared by Common Cause and its academic partner, Centre for the Study of Developing Societies (CSDS), the report is a study of the performance and perception of the police in India. It covers about 16000 respondents in 22 states on parameters like citizens’ trust and satisfaction levels, discrimination against the vulnerable, police excesses, infrastructure, diversity in forces, state of prisons and disposal of cases etc. The study combines mixed methodologies to present a slice of life of policing in India. It also analyses official data and CAG reports along with an all India perception survey conducted by the Lokniti team of CSDS and their partners in the states. Please email us at [email protected] if you want a soft copy of the report. It can also be downloaded from commoncause.in
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2 | October-December, 2018 COMMON CAUSE | Vol. XXXVII No. 4 COUNTERING FAKE NEWS DURING ELECTIONS Strict Regulations, with Stricter Compliance, is the Key
Come elections and the season’s flavour is fake news! The news we all use at our own peril, sometimes knowingly, but the damage is done before the realisation dawns. Elections are about citizens making informed choices and fake news is about queering that deal. Fake news is not always false news. It is an artifice, a clever construct, which comes with elements of disinformation, misinformation, half-truths or twisted facts. It typically hits us on the go, as distorted news, memes or motivated jokes mostly hidden in routine WhatsApp or other social media messages. The intention, almost always, is to mislead for a variety of reasons, ranging from winning an election to polarising opinions, or anything between lionising a strong leader to trashing his enemies. The Cambridge Dictionary defines fake news as, “False stories that appear to be news, spread on the internet or using other media, usually created to influence political views or as a joke.” Make no mistake, fake news is a creature of politics – and not of media. It is a god’s gift to demagogues, spin doctors and propagandists. Conventional media is mostly a purveyor (and only sometimes a creator) of fake news but the social media is its ideal locale. It typically originates from an individual with an axe to grind but flies across family groups or friends’ networks and multiplies its reach within seconds through forwards, shares or tweets by others. Once the genie is out of the bottle, it assumes a life of its own, sometimes shaking the foundations of public order on which rest the moorings of a civilised society. We saw the impact of a dubious SMS gone viral when thousands of Indians of North-Eastern origin fled Bangalore in a flash in 2012. The panic struck India’s Silicon Valley within hours in an atmosphere of lurking fear and mistrust. Everybody was soon running for life, away from the city, on buses, trains or whatever transport they could get. Fortunately, the hoax ended without costing human lives, which was not the case with many later incidents in Karnataka, Telangana, Jharkhand and Tamil Nadu when rumours of child lifting ended up in the lynching of fellow human beings. True, rumours have always been dangerous but technology is taking them to new lows. Even before the digital age, images of Lord Ganesha drinking milk became a nationwide spectacle in the mid-nineties through landline phone networks and the newly arrived private TV news channels. Democracy in the Digital Age What has changed in the digital age is the proliferation of dubious content using algorithms and customised pitches for every individual voter. It is like hate news meeting data analytics to game the system with the capability to create flare-ups on demand. The jigsaw begins to make sense when the elections are seen in their new eco-system of 24X7 digital war-rooms – complete with social media warriors, troll armies and data brokers. Their job: micro-targeting whole demography, down to every voter, with negative, positive, mixed or ‘dark’ messages, nudges and threats, delivered at the right time on the right platform. The new order is that the elections must be won at any cost. The stakes are really high; the major parties spent more than Rs 30,000 crore in 2014 elections by conservative estimates and the figure in 2019 could be close to double that amount. Losing is not an option for many stalwarts who might end up in jail if the power slips out of their hands. Money and muscle power still have their use but money alone cannot guarantee a seat. And that is why the capability to inflame passions comes in handy. There is a market for influencing the minds with fears, threats and dark messages; the technology is available, there is no dearth of money, and the demand must be met.
COMMON CAUSE | Vol. XXXVII No. 4 October-December, 2018 | 3 New Demands of Post-Truth Politics The market logic of demand and supply fits into the new culture of post-truth politics where the debate is framed by emotional appeals rather than by facts. A case in point is the Brexit referendum in the UK, followed by the US and Brazilian Presidential elections, where facts were defeated by feelings drenched in superficial patriotic emotions. We have seen glimpses of this in India where established facts (like official statistics about the creation of new jobs or the country’s GDP growth rate) are often tinkered in ‘national interest’ and fantastic claims of development are spread far and wide. The message from Brexit to Brazil is that fake news can eclipse rational thinking and influence elections in favour of manipulators and rabble- rousers. It is clear that post-truth politics has serious implications for the rule of law, particularly in countries like India where institutions like the Election Commission and the Press Council are already besieged by a flood of paid news and hate speech. But we should all be concerned even more now if technology is being used to systematically inflame passions or to polarise opinions. However, it is futile to expect social media giants like WhatsApp and Facebook to change tack in any consequential way. For their revenue model hinges on the collection, deployment and monetisation of data as well as on the virality of messages which is responsible for fuelling fake news. They are also known for pandering to governments and deep pockets. So, where do we begin in order to save democracy from the curse of fake news and subversive data gaming? Well, first and foremost is the need to recognise the problem and create awareness about it. Secondly, democratic institutions must be strengthened and tighter oversight regulations enforced for social media platforms. Transparent and accountable mechanisms for the storage, protection and use of data by all players, public or private, will also go a long way. And finally, institutions like the Election Commission must be empowered to establish norms of digital engagement during elections for all stakeholders, particularly the candidates, political parties and their supporters. The caution, however, is that the system of regulation and compliance has to work without impairing digital platforms or muzzling the media in the name of controlling fake news. Like always, we will wait for your comments and suggestions. Please write to us at commoncauseindia@ gmail.com Vipul Mudgal Editor
4 | October-December, 2018 COMMON CAUSE | Vol. XXXVII No. 4 THE ANATOMY OF FAKE NEWS How to Understand and Combat Misinformation? Dhruv Shekhar*
impact the around national security in India. election process According to these outfits, it is is enormous. A being used as a political tool to Massachusetts manipulate voters.2 Institute of Technology In this dangerous regime of (MIT) report, misinformation, when the The spread of possibilities of democratic true and false processes being undermined news online, are at an all-time high, fake published in news needs to be examined March 2018, in the context of boosting WhatsApp recently released showed that false news reached electoral prospects, besmirching its first ever TV ad campaign more people than the truth. opponents and supressing online to combat misinformation, in “Falsehood diffused significantly expressions of dissent. This article the run-up to India’s general farther, faster, deeper, and discusses the entire ecosystem of elections in 2019. The world’s more broadly than the truth in fake news, how it can be used largest messaging app, with 200 all categories of information, to manipulate public opinion, million plus users in India, went and the effects were more foment hatred and incite into an overdrive by launching pronounced for false political violence among communities three, 60-second video ads news than for false news about and how social media can to educate users about the terrorism, natural disasters, multiply misinformation. undemocratic and criminal science, urban legends, or What is fake news? industry of fake news. financial information,” it states, while investigating verified true The term fake news entered Fake news, a sinister maze of and false news stories distributed public discourse around 2016, untruths, has proliferated across on Twitter from 2006 to 2017, when a complex matrix of social the globe. In a hyper-connected and analysing 126,000 stories media algorithms, advertising digital age, misinformation is tweeted by 3 million people systems, and individuals started getting new audiences through more than 4.5 million times. concocting stories on digital an infinite stream on social platforms to earn money (or for media timelines and forwards In India, fake news has had far ideological mileage) and the US from messaging apps. Along the reaching consequences. The presidential election fomented way, powerful and coordinated daily onslaught of misinformation its build-up.3Since then, it has disinformation campaigns has resulted in incidents of been brought into political are opening the door wide violent mob lynchings across communication first by Hillary 1 for compromised democratic the country. International Clinton and then widely used by processes, civil unrest and news organisations have also US President Donald Trump. sectarian turmoil. elaborated on how fake news has been instrumental in having In its modern incarnation, The potential of fake news to a detrimental effect on people’s ‘fake news’ is used variously by manipulate public opinion and lives, their livelihoods and world leaders, journalists and
*Dhruv Shekhar is a Trainee Research Executive at Common Cause
COMMON CAUSE | Vol. XXXVII No. 4 October-December, 2018 | 5 the common man to denote made it possible for news Consumer Lab Insight Report everything from misinformation accounts to be published and titled ‘#OMG Social media is and spin-doctoring to conspiracy circulated widely with or without here to stay,’ over 50 percent of theories. Fake news can be journalistic integrity. consumers interviewed in the created and reported in a US and UK acknowledged they newspaper, periodical TV Later, the veracity of facts have read news on social media show or even shared on social was questioned during the they later found to be fake. In media and messaging platforms, trial of Nazi Third Reich office addition, almost one in four including Facebook, Twitter and holders and sympathisers Hans admitted spreading articles they WhatsApp. Fritzsche and Julius Streicher. later found were fake news.5 Cases instituted against them However, the term, named by the International Military It has been established beyond Collins Dictionary’s Word Tribunal argued whether they doubt that news whose of the Year 2017, has now perpetuated false claims about legitimacy cannot be validated evolved to embrace not only Jews as being the source of has found a home in social false, sensational information Germany’s socio-economic media. Malicious content but also a range of digital problems in their individual and rumour mongering is phenomena such as sponsored capacities (as Minister of thriving here, leading to digital posts, advertisements, visual Propaganda and Editor of a disinformation campaigns that memes, bots on Twitter, rumours newsletter called Der Strumer are upending political systems. and even valid information respectively). Another notable A new set of challenges to discrediting powerful groups. instance was an inquisition in the traditional media platforms For the purpose of this wake of the Rwandan Genocide, have arrived in the form of article, we will be using the which navigated questions on applications like Facebook, term strictly in the sense of whether incendiary and false Twitter, Google et al, which misinformation, disinformation messages were perpetuated, seem to be driven by the idea and undemocratic propaganda, resulting in the Hutu attack on of grabbing the greatest number which can negatively impact the Tutsis. of eyeballs. The new media elections and censor criticisms of platforms are also characterised political dispensations. We don’t In all these cases, the standard by goals like profitability and intend to discuss fake news in of ‘causal link’ between the non-liability, based on their the context of satire or fantasy incendiary and fake reporting intermediary status. A logical websites. and the resultant violence could fallout of such profit motives not be established.4 However, is social media being an open Is fake news a recent an inquisition in these matters canvas for users to write, share phenomenon? clearly reflects how hate and propagate content with little campaigns in the media can or no editorial control. Thus, Misinformation, falsehoods and be used to carry out acts of content, not just incendiary deceit are as old as civilisations. genocide. and slanderous, but also grossly Since the age of Greek historian incorrect on multiple occasions, Herodotus, there are records How is fake news ends up doing the rounds. of creation and promulgation different today? of false news. A marked How fake news change also took place with the In an era of social media establishment of the first printing and digital communications, undermines democracy? press, the Gutenberg Press in fake news is ubiquitous. In There are instances of at least 1439. The mechanised process a November 2018 Ericsson two election campaigns where
6 | October-December, 2018 COMMON CAUSE | Vol. XXXVII No. 4 the troubling role social media elections will be contested as number of mob lynchings in spreading misinformation much on the ground as in the and brutal murders across the has been studied, researched digital space. country. Data journalism outlet, and debated endlessly. These IndiaSpend has documented the are President Donald Trump’s Numerous studies have taken number of mob attacks sparked election in the US in 2016 and into account this shift in by rumours or suspicion of that of President Jair Bolsonaro platforms of public debate and its child-lifting circulated on social in Brazil in 2018. Sustained impact on voting patterns. They media. One of its analysis states: disinformation was quite central have estimated that repeated “Between January 1, 2017, exposure to fake news have led to these polarised elections. And and July 5, 2018, 33 persons to individuals co-opting into that is why the need to address have been killed and at least 99 these ideas and then finding little the subversion of electoral injured in 69 reported cases. In to distinguish between legitimate politics through fake news is the first six days of July alone, and fake news.8 urgent. Adding to the concern is there have been nine cases of the way in which gullible citizens Some of these studies have mob violence over child lifting deluge social media networks explained how social media rumours and five deaths, which by forwarding and accepting websites serve as echo chambers, amounts to more than one attack misinformation. leading to an increased sense of recorded every day.” 9 political tribalism. There has been a torrent of Aided by a sharp drop in mobile news reports stating how There are long-term impacts data prices, and subsequently an Russian hackers disseminated of propagating false narratives increased usage of WhatsApp, fake news in the run up to the disguised as news. This WeChat and other message 2016 US Presidential elections process adversely affects the based social media services, and how Russia hatched an multiple pillars of democracy, a frenzy of violence has been elaborate conspiracy to meddle in persuasive and damaging unleashed in recent months. in it through detailed social ways. The founding principle Amplifying the issue is another media campaigns on Facebook, of an electoral democracy is the factor. These services form Instagram, YouTube and Twitter. belief that people have a stake the primary basis for online While in Brazilian election, fake in governance. Perpetuation communication in India, with news campaigns have been of fake news entails relentless a particular proclivity to form orchestrated by businesses amplification of hyper-partisan groups among family members, allegedly backing Bolsonaro.6 views, which play to the fears friends, colleagues and others. and prejudices of people, in In the run-up to India’s order to influence their voting How can law combat general elections in 2019, plans and behaviours. This in misinformation and propaganda fake news? turn would be reflected in their affecting the voter’s choice is an There are no specific laws electoral choices. issue that invites serious thought. to address fake news. Free The 2014 Lok Sabha election How fake news can lead publication or broadcast of was referred to as the first social news in India flows from the media election of India.7 Since to violence? fundamental right to freedom of then, the use of non-traditional As fake news took centre stage speech and expression [Article media platforms has only grown in the Indian media narrative, 19(1)(a)] of the Constitution. (across all parties) in both central violence has been a natural However, like all fundamental and state campaigns. There’s corollary. Social media fuelled rights this is not absolute in no doubt that the 2019 general fake news has led to a terrifying nature and there are legal
COMMON CAUSE | Vol. XXXVII No. 4 October-December, 2018 | 7 resources to combat the What can the state do to 48 hours ahead of polling (48hrs proliferation of fake news. combat fake news? silence rule). However, it is unclear whether the ECI is going The Press Council of India, Recent media reports have to devote any resource to ensure established under the Press claimed that social media compliance. Council Act, 1978, is vested giants Facebook, Google and with the authority to receive Twitter have joined hands The only way forward seems complaints of violation of with the Election Commission to be a collaboration between journalistic ethics, professional of India (ECI) in the run up the EC, traditional media misconduct by an editor or to India’s General Election in organisations and new media journalist. It can order an enquiry 2019. These companies have platforms. and issue guidelines on matters volunteered to monitor all under its purview. However, political advertisements and Can a liability be the PCI has limited powers in publicity material posted on imposed on Facebook, enforcing its guidelines.10 It their timelines during the poll Google etc? cannot penalise news agencies, campaign and block posts Germany, earlier this year, editors and journalists for that peddle fake news or are enacted a legislation called the violating its guidelines and defamatory/objectionable. It Network Enforcement Act 2017 its overview extends to the has also been stated that all (NetzDG). This legislation is functioning of print media. sponsored content in favour of a political party, political leader or one of its bouquet of efforts to The Indian Penal Code, 1860 candidate will flag the concerned push back against social media also has some sections to deal sponsor and the amount paid companies. However, critics with fake news. IPC Sections by such sponsor for posting the have pointed out that this kind 153-A, 295, 295-A, 504 & content on Facebook, WhatsApp of legislation turns social media 505(1)(b) can be invoked to (owned by Facebook), Google or platforms into overzealous 11 guard against fake news. Seen Twitter. editors, who infringe upon free speech values in order to from the prism of these sections However, there is nothing to evade hefty fines. Singapore action can be initiated against suggest that this “paid for by” has formed a parliamentary someone creating or spreading disclosure feature cannot be committee to address this issue fake news if it can be termed as manipulated. Former Chief and intends to bring a legislation. hate speech. Election Commissioner (CEC), Simultaneously, French and O.P Rawat, earlier spoke of One option is to pursue criminal Russian legislatures are also in constituting a commission to defamation (Sec. 499 of IPC), the process of bringing out laws. track fake news. However, this but that may prove to be difficult The Malaysian government has could be a contentious issue given that the bulk of fake news also introduced a legislation again because of a possible in India is spread through end- called Anti Fake News Act conflict with the Right to Free to-end encrypted channels like (AFNA) in April 2018 but its Speech. That is why, perhaps, follow-up has been problematic. WhatsApp, the encryption, passing of any such bill before prevents the authorities from the 2019 elections appears In India, the status of finding out the source of where unlikely. The CEC also said that social media companies as the message is initiated, making Section 126 of Representation intermediaries provides them it very difficult to impose of People Act, 1951, is also with safeguards. ‘Safe harbour liability on any individual and applicable to all social media protections’ couched within organisation. platforms barring campaigning Section 79 of the IT Act, 2000,
8 | October-December, 2018 COMMON CAUSE | Vol. XXXVII No. 4 have allowed social media The draft rules are available crucial in leading the fight against companies and messaging apps in the public domain.14 The misinformation. not to pre-screen content to public consultations on draft check its legality. Further, in its amendments have kick-started Media literacy is the key to judgment on the Shreya Singhal protests from opposition parties accessing credible news. Hence, case,12 in which Common Cause as well as social activists who information campaigns can be was a co-petitioner, the Supreme are anxious that snooping on initiated by all the stakeholders in order to educate people on Court read down Section 79(3) citizens will intensify if these new what constitutes fake news and (b), along with Rule 3 of the IT regulations are implemented.15 (Intermediaries guidelines) Rules, ways to debunk it. The BBC has taken the lead in this segment 2011. The court’s holding meant What can the traditional by starting outreach projects in that such intermediaries can and new media do to Indian schools, where young only remove content when they combat fake news? people have been roped in to receive a court order and/or a start conversations on fake news. notification by the appropriate There’s no denying that a govt agency, which must strictly growing crisis of trust has Non-traditional media platforms, conform to the subject matters enveloped traditional media need to do more than devote laid down in Article 19(2). everywhere. With the onslaught resources for bot detecting of multiple media platforms, Artificial Intelligence mechanisms An unintended consequence of and subsequently, a tsunami in sorting truth from lies. Other the above-mentioned case and of spurious information in a technology-first companies its judgment has been a Catch 22 compromised media ecosystem, also need to devise means situation, wherein we want these the role of traditional media is to help users sort fact from platforms to regulate themselves under the scanner. fiction. Reliable and fake news without giving them the control. can be identified so that users However, it could fight this are alerted when their news However, according to recent erosion of credibility in multiple sources are doubtful. In addition, media reports, the government ways. Creating campaigns against there needs to be dedicated has proposed amendments to disinformation, educating focus departments in news outfits to rules under Section 79 of the groups such as school children address the fake news problem. Information Technology (IT) on what fake news is and how Act, 2000. These amendments to debunk it is a great way to The ambiguity of laws in India would require the monitoring 16 engage with its readers. A makes fake speech a tricky area and tracking of content on greater emphasis should also be to be navigated by legislation social media platforms deemed placed on old school journalistic alone. A need of the hour for as unlawful. In the draft of ethics and practices such as non-traditional media platforms The Information Technology double-checking sources before is to devote proportionate [Intermediaries Guidelines broadcasting or publishing resources to create fact checking (Amendment) Rules] 2018, Rule news items in order to enhance mechanisms. In India alone, 3(9) requires “intermediaries,” the quality and integrity of Facebook has partnered with or online platforms, to “deploy journalism. Mumbai-based fact-checking technology based automated website BOOM and news agency tools or appropriate mechanisms, Collaboration between all Agence France-Presse (AFP). with appropriate controls, relevant stakeholders such as the for proactively identifying or government, its apex institutions Facebook relies on its removing or disabling access like the ECI, traditional and Community Standards to unlawful information or non-traditional media platforms (moderation guidelines to allow content.”13 as well as the citizens becomes or disallow posts on the social
COMMON CAUSE | Vol. XXXVII No. 4 October-December, 2018 | 9 network) to carry out its editorial War Criminals. Proceedings of 10. As has been noted in the case of responsibilities. However, these the International Military Tribunal Ajay Goswami v. Union of India sitting at Nuremberg, Germany, WP(C) 384 of 2005 guidelines have been criticised Part 22 (22nd August ,1946 to 1st for being broadly agreed upon October, 1946) – For cases against 11. Jain, B. (2018, September 6) ideas (prohibition of child Julius Streicher & Hans Fritzsche. Google, Facebook, Twitter to self- pornography for instance) rather Ferdinand Nahimana, Jean-Bosco censor political content. The Times of India. Retrieved December 17, than ideas specific to a particular Barayagwiza & Hassan Ngeze v. The Prosecutor Case No. ICTR-99- 2018, from https://timesofindia. region. Further complications 52-A (2007) indiatimes.com/india/google- may arise in case governments facebook-twitter-to- block-fake- pressurise these platforms 5. Ericsson (2018, November) news/articleshow/65693822.cms to modify their community “#OMG Social media is here to stay: Exploring the highs and lows 12. Shreya Singhal v. Union of India principles on a regional basis. of social media usage.” 1-8. https:// WP(Crl.) 167 of 2012 For instance, if a cow slaughter www.ericsson.com/assets/local/ 13. Social Media Platforms with video is posted on Facebook trends-and-insights/consumer- more than 50 lakh users would in Pakistan and the content is insights/reports/social-media-and- fall under these amendments as accessible in India, it could fuel privacy-consumerlab-report_aw_ per the news reports. See Chisti, screen.pdf violence. Does Facebook or any Seema (2018, December 24) Govt moves to access and trace allied social media network then 6. Phillips, Tom (2018, October 18) all ‘unlawful’ content online. Bolsonaro business backers accused have the responsibility to remove Retrieved December 24, 2018 of illegal WhatsApp fake news content across the platform from https://indianexpress.com/ campaign, The Guardian. Retrieved article/india/it-act-amendments- around the world? December 5, 2018, from https:// data-privacy-freedom-of-speech-fb- www.theguardian.com/world/2018/ twitter-5506572/ Endnotes oct/18/brazil-jair-bolsonaro- 1. AFP (2018, July 14) Death by whatsapp-fake-news-campaign 14. Government of India, Ministry of Information Technology. ‘fake news’: social media-fueled 7. IAMAI, IRIS & IRIS Knowledge The Information Technology lynching’s shock India. News24. Foundation (2013, March) Social Retrieved December 11, 2018, [Intermediaries Guidelines Media and Lok Sabha Elections. from https://www.news24.com/ (Amendment) Rules] 2018 available IAMAI. Retrieved on December 3, World/News/death-by-fake-news- at http://meity.gov.in/writereaddata/ 2018, from https://cms.iamai.in/ social-media-fuelled-lynchings- files/Draft_Intermediary_ Content/ResearchPapers/670023f4- shock-india-20180714 Amendment_24122018.pdf e2e3-4ec5-9d97-18a4ec5aeeb5. 2. IANS (2018, September 24) BBC pdf 15. Agarwal, S and Mandavia, M. to offer ‘reality check’ service for (2018, December 25) Government 8. Hunt Allcott and Matthew 2019 elections in India to counter seeks comments on draft social Gentzkow, “Social Media and Fake fake news. The NEWS Minute. media rules. The Economic Times. News in the 2016 election,” Journal Retrieved December 11, 2018, Retrieved December 27, 2018, of Economic Perspectives 31, No.2 from https://www.thenewsminute. from https://economictimes. (Spring 2017): 211–236. DOI: com/article/bbc-offer-reality-check- indiatimes.com/tech/ites/ service-2019-elections-india- 10.1257/jep.31.2.211 govt-plans-amending-it-rules- to-curb-social-media-misuse/ counter-fake-news-88887 9. Saldanha, Alison, Rajput, Pranav articleshow/67232660.cms 3. Wendling, M. (2018, January & Hazare, Jay (2018, July 9) 22) BBC Trending The (almost) Child-Lifting Rumours: 33 Killed 16. Children are generally the first complete history of ‘fake In 69 Mob Attacks Since Jan co-opters of new technologies news.’ BBC NEWS. Retrieved 2017. Before That Only 1 Attack today and introduce the same to December 12, 2018, from https:// In 2012. IndiaSpend. Retrieved other household members. Thus, www.bbc.com/news/blogs- December 14, 2018, from https:// reaching out to them to begin with trending-42724320 www.indiaspend.com/child-lifting- may serve as an effective strategy to rumours-33-killed-in-69-mob- address this issue. 4. IMT, judgment of 1 October attacks-since-jan-2017-before-that- 1946, in The Trial of German Major only-1-attack-in-2012-2012/
10 | October-December, 2018 COMMON CAUSE | Vol. XXXVII No. 4 MAKING SENSE OF MEDIA LIES Deconstructing Fake News to Understand its Genesis Akhilesh Patil*
Sample this: In 2017, PTI, To study the distorted media capable of manipulating huge the largest news agency in realities in our country and the swathes of the population. For India, uploaded a photograph world, and how it manages to instance, on July 22, 2017, a showcasing a flooded shake up the citizen’s ability tweet from News18India went Ahmedabad airport. The to process his/her immediate out like this: ‘Uttar Pradesh, evocative image was used environment, the author Gonda: Pakistani flag hoisted by several media outlets and conducted an academic research on an electricity pole, created splashed across the front page of titled Deconstructing Media Lies, tension.’ It was accompanied The Indian Express. Finally it took last year. The research paper was with a picture of the flag. wing when numerous individuals submitted to the Department The response, however was posted it on their social media of Media and Communication immediate. Twitter users pointed handles. Only, the photograph Studies, Savitribai Phule Pune out that it wasn’t the Pakistani was not of an Ahmedabad University in partial fulfillment flag but an Islamic one. The airport at all, but that of a of the requirement for the amplification of this bogus flooded Chennai airport, that degree of Master of Media and information was also stalled too way back from 2015. Communication Studies. owing to prompt neutralisation When the then Information and attempts by the UP and local Broadcasting Minister Smriti Irani The research is a telling Gonda police, who gave called out the error on Twitter, commentary on how necessary clarifications. This was PTI apologised for it. unconfirmed, often tendentious, no solitary case of fact distortion. information is now a part of Earlier Times Now, The Times In the same year several videos the news narrative in India. Of of India and even ANI mixed surfaced on social media course politics takes centrestage up other green flags with the showing people bouncing rice in the fake news discourse. Pakistani flag. balls against hard surfaces. Out of the 100 fake news items The bouncing quality of the studied as part of this study, the Other categories (‘business and cooked rice was attributed to ‘politics’ category scored the economics,’ ‘personal affairs of its plastic content. Apart from highest, featuring 43 fake news non-political people,’ ‘terrorism’ generating an ecosystem of fear items. This section, dealing with and ‘calamities/disaster’as well as and anxiety, this internet hoax subjects related to politicians ‘science and technology’) set up managed to be picked up by a and intra-party or governance to gauge popular themes of fake battery of national and regional matters, leads the pack for being news, fared poorly in terms of news outlets. What’s more, TV the most vibrant space housing numbers. news channels conceptualised divergent ideologies, self-interests programmes on the topic of of politicians and myth-making. Traditional Media vs plastic rice, lending authenticity Social Media to the myth. Close at its heels was the category of ‘religion’ that Often the prosumer (producer India has watched aghast as registered nearly 25 fake who also is the consumer and these nuggets of fake news went news items. It clearly ranks vice versa) market culture of viral, spiking distrust, concern pretty high among subjects of social media platforms, along and widespread confusion. misinformation, and is deemed with their lack of strong editorial
*Akhilesh is a Trainee Research Executive at Common Cause.
COMMON CAUSE | Vol. XXXVII No. 4 October-December, 2018 | 11 policies, are held responsible for is important to examine how checking websites (factchecker. the misinformation epidemic. outfits that label themselves in, check4spam, SM HoaxSlayer, Though the role of social media as media organisations (print, Alt News and BOOMLive). The in spreading the misinformation electronic and online), despite first incidence of fake news is quite evident, this doesn’t having a strong editorial set up in detection can be attributed to mean traditional media is place, often peddle a distorted India’s first fact-checking website completely innocent and one discourse in India. The attempt ‘factchecker.in,’ which in April should not let them off the hook. has been to use content analysis 2015 debunked an inaccurate to examine fake news detected claim. It was against a minority ‘We have a bad news problem, by self-proclaimed Indian fact- community and was published not a fake news problem,’ says checking websites. in Marathi newspaper Saamana’s David Mikkelson, journalist editorial. and founder of renowned fact- The second part of the checking organisation Snope. In research is studying the process Fake news poses a new and case of India, the first concern undertaken by fact-checking relentless challenge for the is about media organisations websites to debunk myths and contemporary information space, and journalists going for, or malicious content. In a battle one that threatens to undermine rather falling for, fake news between facts and lies, a majority the basic tenets of democracy. and half-truths propagated by of fact-checking websites are From April 2015 to August post-truth era politicians and using something called the 2017 all the prominent fact- partisan groups mainly through delegitimising logic, or a complex checking websites in India have social media platforms.1 But one web of sources that can be cited managed to detect a total of 741 can’t blame only social media to debunk fake news on the basis false stories. Make no mistake. platforms and politicians or of truth and evidence. This deluge of misinformation partisan groups because media includes everything from spams organisations have likewise acted The two-forked approach of and misleading tweets to in an irresponsible manner by this study is also an effort to Facebook posts and news given publishing fake news. While underscore the serious threat out by media organisations. corrections are a usual practice faced by liberal democracy in such cases, many Indian and its institutions in era of lies, However, in this research, only media houses never bother to deceit and conspiracy theories. fake stories put out by news issue an apology or correction if Mounting pressures on these outlets and detected from their fake news is published.2 institutions, and an overall official websites or social media reliance of citizens on alternate handles have been considered. This not only questions the realities have compelled fact- A total of 111 (14.97% or editorial position taken by media checking websites to intensify approx. 15%) such news items, organisations but also demands their work in recent months. out of the entire bulk of 741, an enquiry on their role in the Therefore, studying the methods have been identified. And creation and dissemination of adopted to stem the flow of out of this 111, 10 fake news lies hence, the research mainly misinformation could broaden items have been detected by focuses on ‘fake news’ detected the discussion on fake news in multiple fact-checking websites, by fact-checking websites from India as well. media organisations. The nine by two and one by three research has been divided Facts and the Future: different fact checking websites. into two parts. Looking for Therefore, a total of 100 fake attributes of fake news that’s Research Methodology news items detected by fact- spread by conventional media We have analysed in this checking websites have been organisations is the first part research all the fake news taken into account for the of the study. That’s because it detected by dedicated fact- purpose of this study.
12 | October-December, 2018 COMMON CAUSE | Vol. XXXVII No. 4 Misinformation and its It also encompasses in its ambit ownership or editorial policy. Source popular regional newspapers like Sandesh, Rajasthan Patrika etc. Postcard news (13) has been The overall apathy to fact- In the newspaper category, The revealed to have propagated the checking has been resonant Times of India has been found highest number of fake news, across Indian newsrooms. Rather to have put out the maximum followed by Dainik Bharat and than playing an aggressive role number of fake news items (11), Hindutva.info (5). Interestingly, in debunking false narratives followed by Financial Express (3). all these online news portals are Indian media has occasionally Like newspapers, the TV news known for their pro-rightwing been guilty of giving untruths a channels category features all ideology. Earlier this year, larger audience. As a result, the the popular (highest TRP ratings) Facebook took down Postcard’s focus on media organisations English and Hindi news channels. official page for spreading as transmitters of fake news is In all, 16 TV news channels have lies, while its founder-editor important in this study. been found to have peddled lies Mahesh Hegde was arrested for by fact-checking websites, with deliberately creating communal News outlets have been divided Zee News topping the list with hatred with the help of a into three main categories. – 3 10 fake news items, followed by wrongly-attributed image. Newspapers, TV news channels Times Now with nine. and online news portals (ONP). It is also important to note that Out of total 100 fake news items, In the post-truth era, several ministers from the current almost half of the fake news (49) unsubstantiated allegations have government follow Postcard have been detected from ONP. pushed out facts to the margins, news on Twitter and have even Newspapers are also equally rendering empirical evidence shared a number of fake news responsible for spreading lies, inconsequential. And with items created by this portal. In as 42 such news items have the multiplication of channels addition, BJP lawmakers strongly been detected from their print of communication, the real protested against the arrest of copies, official websites and menace of fake news seems to Hegde, calling the arrest ‘attack social media handles. As many be posed by the ONP category. on freedom of speech and as 29 fake news items have been The maximum number of news expression.’4 detected from TV channels. As outlets to have disseminated these numbers suggest, some of fake information are in the News about the news items have been used ONP category, with a total of 36 Public Figures and by multiple news outlets. It is such portals identified by fact- Controversial Places important to understand that a checking websites. Making the news published by a news outlet threat more real is the fact that Nothing grabs more eyeballs in a particular format becomes most of these online news portals than systemic disinformation available on all media platforms have been formed recently and campaigns featuring reputed in no time, mainly because all have no details regarding their personalities. Hatred, prejudice news outlets currently have their own websites and a strong presence on all leading social media platforms. A total of 23 newspaper outlets have been revealed to have put out fake news stories. This figure includes all the (circulation wise) top national Postcard News Dainik Bharat Hindutva.info Janta Ka One India News English as well as Hindi dailies. Reporter
COMMON CAUSE | Vol. XXXVII No. 4 October-December, 2018 | 13 and polarisation get amplified presented by news outlets. It has convincing doctored capsules when individuals idolised by been divided into three broad of misinformation in other many or with mass followings are categories - Text only, Audio- categories such as ‘business and dragged into the picture. Data Visual and Image. Most of the economics,’ ‘personal affairs of shows that 48 out of 100 fake news items featuring audio- non-political people’, ‘terrorism,’ news items are in a way related visuals or images are supported ‘calamities/disaster,’ as well as to some celebrities/public figures. by text. All such news items are ‘science and technology’ fall Politicians have a larger share added in respective categories way behind in the numbers in this as 31 out of 48 (64.58%) and no separate (audio visual + game. However, it is crucial to news stories are about politicians text and image + text) categories understand here that most of from different parties. As many as have been created. the fake news items fall under 16 of these news items are about multiple categories, mainly PM Narendra Modi and nine As the pie chart reveals, a because most categories cover are about people from the field majority of fake news items more than one subject. of media and entertainment. appears in ‘image’ form (42), Almost 60% of these fake news followed by ‘text only’ (39). ‘No Source’ is the Best items have been propagated by Almost 61% fake news stories Source online news portals. are either in audio visual or in image form. This finding Journalism is not seen as Gujarat, West Bengal and Kerala goes on to underline how watchdog reporting by -the three politically volatile pictures and other visuals are many in the industry today. states have been on the radar quite central to manipulating Holding authorities to account of fake news peddlers and have readers into believing in lies and and boosting newsroom been subjects of the maximum subsequently, getting influenced. environments with resources and number of fake news items. talent, are also practices held in These nuggets of misinformation, Politics and Religion: All- high esteem by only a handful. either praising or criticising the time Favourites Simultaneously, journalistic ethics three states, have been detected and principles of integrity often by fact-checking websites. Not surprisingly, fake news get a raw deal in an age of social Interestingly, eight out of 10 comes in all shapes and media explosion. fake news items about Pakistan colours. Political parties use it and seven out of eight news to churn out absurd quantities The first casualty in this items about Jammu and Kashmir of promotional material, others landscape of information chaos is are put out by only TV news adopt the form to stoke religious often the news source, arguably channels. sentiment, while still others the most important attribute make use of the format to for any published news item, Taking the Visual Mode spread any kind of falsehood and an important element to Tackling the media malaise called at lightning speeds. In this measure its credibility. Old fake news is not easy, doubly research, categories for ‘Fake school journalism still dictates so when the ways in which it is news subject’ have been formed that the worth of any news is disseminated is mindboggling. based on popular themes. based on the trustworthiness and In present times misinformation As stated earlier, the highest reliability of its source/s. Taking is a shape shifter that can take number of fake news items have a cue from these core values, on any form to enhance its been found to fall under the this study has focused on 12 persuasive power. This study has umbrella of ‘Politics,’ adding up types of news sources, including therefore put the spotlight on to a total of 43. Religion comes involved persons, witnesses, own news mode, the specific manner a close second, with a tally of correspondents, official sources, in which a fake news item is 25 fake news items. Highly government documents, experts,
14 | October-December, 2018 COMMON CAUSE | Vol. XXXVII No. 4 websites employ it to get to the bottom of the story, the same list of news sources cited in fake news items has been used for the former. It includes involved person, witness, own correspondents, official sources, government documents, experts, press release, other reports, other media, social media, tools and technology, no source. In 41 fake news items, fact press releases, other reports, checkers often use an array checking websites have used other media, social media, tools of devices to investigate false other, more credible media and technology, and of course, claims, including weighing the reports to debunk them and no source. evidence put forward in support unearth the truth. Fact-checkers of lies and misinformation. have also used technological As the graph below shows, most tools like Google reverse image of the fake news items (46) Delegitimising logic is the term search and the Photoshop have not mentioned any kind of referring to all the news sources source to justify their claims. Ten software to divulge falsehood. listed by fact checking websites They have called out 16 such news items have cited reports while debunking fake news. from social media platforms news items with the help of As part of this analysis, the technology. Interestingly, nine while nine have alluded to other researcher has scrutinised all the media reports as their source of fake news stories have been 111 fake news items identified debunked without citing any information. Online news portals by fact checking websites have disseminated the highest sources. owing to a single reason. That’s number of fake news items because it has been observed without citing any kind of source. Conclusion that delegitimising logic used by In fact, 27 such fake news items The study attempts to take the different fact checking websites have been found to be from pulse of the fake news from for the same news item is online platforms. media outlets scene in India, different. and the modus-operandi of the Delegitimising Logic In order to get a perspective fact-checking tribe. Some of the Making the truth accessible to on the delegitimising logic and crucial findings that emerged the public is no mean feat. Fact figure out how fact checking during the course of the analysis include the following: News Sources Mentioned in Fake News All the newspapers found to be disseminating the maximum number of fake news items have the highest circulation figures in their respective languages. (i.e. The Times of India in English, Dainik Bhaskar in Hindi, Sandesh in Gujarati) Similarly,
COMMON CAUSE | Vol. XXXVII No. 4 October-December, 2018 | 15 all the news channels nationalism for hefty political by taking all possible measures, revealed to be propagating gains is a phenomenon the lines separating multiple the maximum number of fake observed in the 2016 codes in many categories are very news items have the highest American election. This trend thin. Hence, assuring complete TRP ratings in their respective perfectly fits in the Indian objectivity in such cases is languages. (E.g. Zee News in context too and like the difficult. Hindi, Times Now in English). USA, new media also plays a The strong persuasive power decisive role in India. Endnotes of visuals has been optimised While half of the fake news 1 Bhaskaran, H., Mishra, H., & Nair, P. by the creators of fake news. creators have chosen not to (2017). Contextualizing Fake News in Interestingly, 61% of fake news cite any sources, fact-checking Post-truth Era: Journalism Education in detected by fact-checking websites have preferred to India. SAGE Publication, 41-50. websites are either in image or prove their stand with multiple 2 Shinde, R. (2016, November 21). audio-visual formats. number of examples. While ‘Currency crunch, chaos, and New media has made on one hand social media fake news.’ The Hoot. Retrieved dissemination of fake news has been used as a tool to December 4, 2018, from http://www. much easier, safer and most propagate fake narratives, thehoot.org/media-watch/media- importantly, faster. Like most on the other fact-checking practice/currency-crunch-chaos-and- countries, new media has websites have been using the fake-news-9806 been used widely to spread same medium to ferret out 3 Vikram, G. (2018, March 30). lies in India as well. It has credible, accurate information. ‘Postcard website founder arrested been revealed that 49% The process of debunking for spreading alleged fake news.’ Hindustan Times. Retrieved fake news items were being has not been bound by December 5, 2018, from https:// peddled by 36 online news time, place or any other portals. Most of these portals www.hindustantimes.com/india-news/ constraints. Most owners of postcard-website-founder-arrested- have started their operations in fact-checking websites do not for-spreading-alleged-fake-news/story- the last few years and most of have a journalism background XfhDFB4qevqW5I6Ixz2UlK.html them have a clear inclination and this fact is underscored towards certain ideologies. 4 Vivek, S, (2018, March 30). ‘Postcard time and again through the (E.g. Postcard News, Hindutva. News editor arrested for spreading delegitimising logic employed info, Dainik Bharat, Muslim fake news, BJP leaders call for by them. release.’ India Today. Retrieved World etc.) December 5, 2018, from https:// Politics and religion were Limitations www.indiatoday.in/fyi/story/postcard- found to be the most prevalent news-editor-mahesh-hegde-booked- *Selection of fact checking subjects of fake news. Most for-spreading-fake-news-arrested-in- websites is completely based on of the fake news items were bengaluru-1201009-2018-03-30 secondary data and only fact about important person/public checkers whose work has been 5 Dhavan, H, (2017, May 15). figure. These news capsules widely covered by mainstream ‘Breaking Fake News.’ Times of India. have been created to either Retrieved December 8, 2018, from media organisations are taken defame or unnecessarily praise https://timesofindia.indiatimes.com/ into consideration for the study.5 the person. home/sunday-times/breaking-fake- news/articleshow/58662449.cms Use of false narratives to *Though codes generated for the create a strong sentiment of study are operationally defined
16 | October-December, 2018 COMMON CAUSE | Vol. XXXVII No. 4 FACT-CHECKERS ON THE WEB Social Media Warriors Have Arrived Akhilesh Patil*
In an era when distrust of their messages. And as social is also to blame for propagating politicians and democratic media transforms itself into misinformation. Print and institutions is shaping voter a real source of information, television media have been choices, fact-checking seems this toxic mixture of hoaxes, accused ad nauseam about to be the accountability rumours, conspiracy theories compromising the accuracy of mechanism everyone is reaching and misleading news reaches their reportage. It is this gap in out to. According to a survey the farthest corners of the credible information across both by Reporters’ Lab, a centre globe. Despite social media mainstream and non-traditional for journalism research in the platforms drawing most of the media that fact checking outfits Sanford School of Public Policy can plug. They can help citizens flak for lacking editorial filtration at Duke University, the number access facts and help empower mechanisms, traditional media of active fact-checking projects democracy in an intensely around the world now stands at Despite social media polarised political environment. 156. Its steady growth is driven
by expanding networks and new platforms drawing Most social media platforms media partnerships that focus most of the flak for have already stepped up their
“ game by focusing on a medley on holding public figures and lacking editorial of technologies to curtail the organisations accountable for filtration mechanisms, 1 spread of lies and hoaxes. Media what they say. “ traditional media organisations too are making Worldwide political organisations is also to blame efforts to stay close to ethical have been using ‘fake news’ as for propagating and journalistic standards, and an effective tool to propagate misinformation. coming up with fact checking
*Akhilesh is a Trainee Research Executive at Common Cause.
COMMON CAUSE | Vol. XXXVII No. 4 October-December, 2018 | 17 units in their existing model of FactChecker SM HoaxSlayer operations. (FactChecker.in) (SMHoaxSlayer.com) India’s Crusade Against India’s first dedicated This was among policy and data fact- the earlier crop of Fake News checking initiative, factchecker. fact-checking initiatives from In India, in 2018 alone, at least in was started by television India. Concerned about the 25 people have been lynched and print journalist Govindraj increasing stream of incorrect or beaten to death over a fake Ethiraj. Founder Editor-in-Chief and malicious information, WhatsApp message.2 Growing of Bloomberg TV India, Ethiraj mainly on WhatsApp, Mumbai- internet penetration, low has vast experience in the field based businessman Pankaj Jain, level of media literacy and of business, policy and new decided to do something about rapidly decreasing credibility media. Factchecker.in is an it. He was so impressed by the of traditional media have initiative of the Spending and Australia-based internet scam debunking website Hoax-Slayer compounded the problem, Policy Research Foundation, a that he tried to replicate the triggering the process of ‘fact- charitable trust which also runs model in the Indian context by checking.’ People who had indiaspend.org, India’s first data starting his own initiative – ‘SM started fact-checking out journalism initiative. The other (social media) HoaxSlayer’ in of genuine concern have main patrons of the trust are August 2015.3 now turned it into a serious Rohini Nilekani, Vikram Lal, profession. For instance, Pirojsha Godrej Foundation While it started out as just a Govindraj Ethiraj’s factchecker. (philanthropic arm of the Godrej Facebook page, it gradually in began as a small team, which group) and the Independent expanded into a standalone debunked lies on mainly policy- and Public-Spirited Media website and currently has related issues. Later in 2016 he Foundation (IPSMF). presence in other media started BOOMLive, a dedicated Since early 2013, FactChecker platforms like Twitter, YouTube, and independent fact-checking has been scrutinising statements Instagram, Pintrest, Tumblr, initiative. Similarly, Shammas made by individuals in public life LinkedIn etc. Jain uses data from government sources and other Oliyath started Check4spam as as well as important policy data, media outlets to bust fake news. a WordPress site in 2015. At researching them for veracity present, Check4spam has its and context. However, it was in Although no clear information is own website and is looking for 2014 that it started its dedicated available regarding its funding, collaborations to improve its fact-checking unit as a separate the website is monetised and functioning. website. This was the first Indian donations from individuals are website to be certified by the sought. Though the number of dedicated International Fact-Checking fact-checking initiatives is still Network (IFCN) - Poynter Check4spam smaller in India than the rest Institute, but the certificate of the world, it is important to (check4spam.com) recently expired on November 9, In 2015, the chaos understand their ownership 2018. patterns, business models and generated owing to a forwarded fake message overall functioning. Here is a It is run by a small team of 12 – bothered Shammas Oliyath, lowdown on some of India’s 15 people which includes policy a Bengaluru based software prominent fact-checking researchers, journalists and data engineer. He eventually started initiatives: analysts.
18 | October-December, 2018 COMMON CAUSE | Vol. XXXVII No. 4 a WordPress blog to list out info-graphics using data from span Alt news has debunked a such spam messages. Later, official sources, that is either bevy of lies chiefly disseminated Balkrishn Birla, an engineering available in the public domain by politicians, popular media graduate from IIT Kanpur and or accessed using tools such as outlets and opinion leaders. a tech entrepreneur joined the the RTI. It also fact-checks data A large proportion of its overall self-funded initiative. Eventually, from social media platforms and fact-checked data exposes lies the duo launched check4spam. media organisations. It received of individuals and organisations com, a dedicated fact-checking the certificate from IFCN on associated with the right wing website in August 2015.4 November 21, 2018. ideology, and the outfit often Check4spam mainly deals with Factly is a for-profit entity faces criticism for the same. spams on social media platforms registered as ‘Factly Media Altnews’ founder has even faced like WhatsApp, Facebook, and Research,’ which runs its death threats for running the Twitter etc. It has a WhatsApp operation mainly with the help website.6 However, the fact- number where people can send of project grants, consulting checking outfit’s work has been content for verification, and or research assignments and widely appreciated by experts, it receives approximately 150 subscriptions. while its founder was invited to requests in a day. The roles of Google News Lab Asia-Pacific the website founders are clearly Alt news Summit 2017 in Singapore to demarcated. Both Oliyath and (www.altnews.in) discuss solutions to the fake news 7 Birla are working professionals Pratik Sinha, an menace. and spend two to three hours engineer and AltNews.in is the initiative of a a day on the site, with Oliyath activist started Altnews.in not-for-profit company called handling the research and Birla in February 2017, with the Pravda Media Foundation. taking care of the technology. objective of myth-busting as well Therefore, it depends entirely on as debunking misreporting in Though Check4spam is currently donations and grants for its work, mainstream media. Sinha is also a self-funded initiative, it has which primarily revolves around a member of Gujarat-based civil opted for Google’s advertising checking the veracity of facts. rights organisation Jan Sangharsh platform to help maintain the Recently, IPSMF has provided Manch, founded by his late website. financial support to the website father, senior advocate Mukul for reporting and publishing In order to avoid duplication and Sinha and mother, trade union stories of public interest. In the increase efficiency, the website is leader Nirjhari Sinha. financial year 2017-18 it has planning to team up with other Credited with debunking also received donations from like-minded units from across the all types of misinformation, Zindabad Trust, managed by 8 country.5 disinformation and mal- writer-activist Arundhati Roy. information from social and Factly Presently, Alt news has expanded mainstream media, Alt news its team and recently launched (Factly.in) has emerged as a watchdog of its Hindi edition. Factly is a public the news space. In addition to information portal fact-checking, it also covers news BOOM founded by Rakesh Dubbudu, ignored by mainstream media (www.boomlive.in) public information and data such as caste-based atrocities, Boom is an enthusiast. It puts out mainly discrimination, labour struggles independent digital public interest stories and and much more. In a very short journalism initiative by Govindraj
COMMON CAUSE | Vol. XXXVII No. 4 October-December, 2018 | 19 Ethiraj, also the founder of centre-right ideology. It was of articles criticising BBC’s factchecker.in. However, unlike launched in December 2014 research on fake news in India Fact-checker.in, BOOM is a part by Kumar Kunal Kamal, an and questioning the credibility of of Ping Digital Network, a private academician and his friends. its findings.11 limited company. It forms the OpIndia’s team also includes news division of the network Gaurav as well as Rahul Raj Very recently, Fact Crescendo, an and has been in existence since who runs the popular Facebook independent digital journalism 2014. BOOM Live started its page ‘Bhak Sala.’ Today the initiative founded by Vinod Rathi operation as a full-fledged fact- portal is owned by Kovai Media has also started its operations checking initiative in November which also operates the right- in ‘fact-checking’ business. It 2016, and is one of the first leaning Swarajya magazine. An also received IFCN certificate in two fact checking websites investor in Kovai Media is former October 2018. (Factchecker.in was the first) Infosys director and Manipal in the country that have been Global Education Chairman T. V. Some Other Initiatives certified by International Fact- Mohandas Pai. As of March 31, Apart from these dedicated fact- Checking Network (IFCN). 2017, Pai held 39,786 shares, checking initiatives, traditional Interestingly, Ethiraj, one of representing a little above three media organisations have also the founders of BOOM and per cent stake in the company.10 started coming up with their own Factchecker.in, is also one of the ‘fact-checking’ units. Recently, The website also runs a board members of IFCN.. TV Today group started its fact-checking initiative that dedicated fact-checking division BOOM mainly monitors content extensively debunks media lies called India Today Fact Check. on traditional as well as social and popular personalities who Though it is part of the TV Today media, along with statements often criticise the Narendra Modi Network, it is independent of by politicians and people in led-BJP government. OpIndia is the editorial operations of India position of authority. It also has the only fact-checking website Today. Digital news platform a WhatsApp number where that Prime Minister Narendra NewsMobile also has its own fact people can send content for fact- Modi follows on Twitter, along checking division called NM Fact checking. with its editor. Checker. These fact-checking Facebook had hired fact- The website received widespread initiatives started by established checking services from BOOM attention from several national media organisations fulfilled during the Karnataka assembly as well as international media all the necessary criteria and elections in 2018. After a organisations when its editor managed to get IFCN certificates successful pilot venture, it has Nupur J. Sharma wrote a series in 2018. now expanded its partnership with the digital truth-telling Likes, Followers and Subscribers of Fact-Checking Websites website to provide fact-checking Fact-checkers Facebook Twitter YouTube services in Hindi and Bengali, as Factchecker.in 1,639 32,735 -- well as for photos and videos. 9 SMHoaxSlayer 66,923 50,451 12,511 Opindia AltNews 1,05,656 89,384 30,952 (www.opindia.com) BOOMLive 3,13,414 29,010 17,581 OpIndia is a news Check4Spam 40,422 932 -- and current affairs Factly 93,130 2,383 15,665 website that’s hugely popular Opindia 1,25,227 96,440 6,032 with those affiliated with the As of December 5, 2018
20 | October-December, 2018 COMMON CAUSE | Vol. XXXVII No. 4 any journalistic experience however have shared nitty- Some of these and have started fact-checking gritties about their organisations.
myth-busters have owing to sheer disappointment Websites like FactChecker.in, openly admitted in the representation of facts in AltNews.in and BOOMLive have
“their ideological mainstream narratives. Social disclosed details of their business media is a fertile ground for fake model, ownership and annual inclinations and their news and fast-growing internet funding on their websites. Each fact-checking revolves“ proliferation is making the one has a different business around certain information landscape acquire a model, with some functioning individuals and media nightmarish quality. To lock horns as charitable trusts and running with purveyors of fake news, their operations on donations. organisations fact-checkers are using the same There are others who are purely social media platforms where dependent on subscriptions and Popular YouTube celebrities a deluge of misinformation, online ad revenue as means of like Dhruv Rathee and Akash rumour-mongering, political support. Still others are using Banerjee also occasionally propaganda and urban legends online crowd funding platforms engage in fact-checking continue to thrive. These digital to cover their costs, whereas a initiatives through their videos, votaries of truth are therefore few run their operations as a while enjoying a huge following constantly monitoring and private media company where on all popular social media identifying a surging stream of not much is known about their platforms. Interestingly, 24-year- online falsehoods and countering main investors. old Rathee has more than 12 them using several techniques. lakh subscribers on YouTube A big limitation for them, Sustaining on the merits alone, along with more than however, is their low number of of accuracy, reliability and 4 lakh and nearly 1.5 lakh subscriptions. transparency is undoubtedly the followers on Facebook and biggest challenge for all these Twitter respectively. After a Although the process of fact- initiatives. As far as the process decade-long stint in journalism, checking demands a completely of debunking is concerned, most Banerjee started his own non-partisan approach, some of these fact-checkers follow a YouTube channel which now has of these myth-busters have similar method. Several of them, over 2 lakh subscribers. He also openly admitted their ideological such as Alt News and Factly, does a weekly show Fake Bole inclinations. Additionally, their have even mentioned it on Kauwa Kate for Times of India. fact-checking procedures revolve their respective websites. While Both work independently and around certain individuals and nearly all of them more or less do their research and production media organisations. pass the accuracy and reliability on their own. They use crowd test, the problem revolves
Most of these ambassadors around the issue of transparency. funding initiatives like Patreon to of accountability journalism run their businesses. Transparency is imperative, both in funding as well as in
Conclusion Transparency is the overall approach in tackling imperative, both in the issue of fake news. In an We have witnessed the genesis of “ age where the media is flooded many independent fact-checking funding as well as in with debates on right versus left, initiatives in India in the last the overall approach “ pro-establishment versus anti- couple of years. Barring a few in tackling the issue of establishment, the fact-checking exceptions, individuals running organisations need to walk a these websites do not possess fake news tightrope and be impeccable and
COMMON CAUSE | Vol. XXXVII No. 4 October-December, 2018 | 21 transparent in their work to be 4 Shekhar, D. (2017, February 22). ‘In 8 Manish, S. (2018, April 7). ‘Right vs able to brace for tougher future a Post-Truth World, ‘Check4Spam’ Wrong: Arundhati Roy, Mohandas Pai Can Help You Sift Fake News.’ Funding Rake News Busters.’ Business challenges. Economic Times. Retrieved December Standard. Retrieved December 5, 5, 2018, from https://economictimes. 2018, from https://www.business- Endnotes indiatimes.com/magazines/panache/ standard.com/article/current-affairs/ in-a-post-truth-world-check4spam- right-vs-wrong-arundhati-roy- 1 Stencel, M (2018, August 7). ‘The can-help-you-sift-fake-news/ mohandas-pai-funding-fake-news- number of fact-checkers around the articleshow/57287228.cms. busters-118040600594_1.html. world: 156… and growing.’ Reporters’ Lab. Retrieved December 18, 2018, 5 Bhat, A. (2017, March 20). ‘Finding 9 ‘Facebook Expands Partnership with from https://reporterslab.org/the- Truth in the Haystack of Forwards.’ BOOM Live to Spot Fake News.’ number-of-fact-checkers-around-the- The Hindu. Retrieved December 5, (2018, August 2). Times of India. world-156-and-growing/ 2018, from https://www.thehindu. Retrieved December 5, 2018, from com/sci-tech/technology/internet/ https://timesofindia.indiatimes. 2 Rebelo, K. (2018, December 17). finding-truth-in-the-haystack-of- com/business/india-business/ ‘Inside WhatsApp’s battle against forwards/article17527976.ece. facebook-expands-partnership- misinformation in India.’ Poynter. with-boom-live-to-spot-fake-news/ 6 ‘Mukul Sinha’s Son Gets Threat articleshow/65244247.cms. org. Retrieved December 18, 2018, Call from ‘Pujari’.’ (2017, March from https://www.poynter.org/fact- 11). Times of India. Retrieved 10 Id. at 8 checking/2018/inside-whatsapps- December 5, 2018, from https:// battle-against-misinformation-in-india/ timesofindia.indiatimes.com/ 11 See Sharma, N.J. (2018, November city/ahmedabad/mukul-sinhas- 15). ‘The BBC Research on ‘Fake 3 Sinha, D. (2017, January 14). ‘In an son-gets-threat-call-from-pujari/ News’ is Shoddy, Unethical, era of fake news, check out India’s articleshow/57583310.cms Dishonest, and Actually an Example homegrown Hoax Slayer.’ Hindustan of Fake News.’ OpIndia. Retrieved Times. Retrieved December 5, 2018, 7 Sengupta, S. (2017, July 2). ‘On the December 5, 2018, from https:// from https://www.hindustantimes. Origin of Specious News.’ The Hindu. www.opindia.com/2018/11/the-bbc- com/more-lifestyle/in-an-era-of- Retrieved December 5, 2018, from research-on-fake-news-is-shoddy- fake-news-check-out-india-s- https://www.thehindu.com/society/ unethical-dishonest-and-actually-an- homegrown-hoax-slayer/story- on-the-origin-of-specious-news/ example-of-fake-news/. article19184953.ece. zyonebYJ4ApaOxABOybvSN.html
22 | October-December, 2018 COMMON CAUSE | Vol. XXXVII No. 4 MAKING THE RIGHT TO EDUCATION ACT A REALITY SMC Meetings of Common Cause Common Cause Team
Common Cause launched its ambitious booklet in Hindi ‘Humara School, Humari Rakhwali,’ in July, 2018, aimed at empowering the members of the School Management Committees (SMCs) to improve community participation in the running of schools, particularly in slums and urban villages. This exercise was undertaken to make SMCs equal partners in school development and to strengthen the hands of those NGOs who are working towards the implementation of the Right of Children to Free and Compulsory Education (RTE) Act. The Common Cause team started this initiative owing to a void in this space. It began work on the booklet by taking part in the SMC Convention organised by the RTE Forum, where over 400 SMC members had participated. Subsequently, the team held one on one meetings with school principals and local MLAs, so as to drafts a simple yet imaginative booklet for SMC members. The idea was to acquaint the members with their rights and duties. Common Cause raised funds for this initiative through a crowd funding platform and social media convergence forums like Reddit AMA. The process of producing and distributing the booklet has been an incredible learning experience for an organisation that has never ‘Humara School, Humari Rakhwali,’ a Common Cause booklet, worked directly in the domain of RTE before. features crucial information with simple illustrations, and is meant for The booklet’s simple and fun illustrations and SMC members. relevant information for SMC members, has been received with great enthusiasm. SMC Booklet Distribution Common Cause has participated in several SMC meetings in Delhi, using these occasions to interact with SMC members and distribute around 1030 booklets so far. These exercises were undertaken in association with several NGOs working across Delhi. We partnered with RTE Forum, Samarthya, Josh and AV Baliga Memorial Trust for spreading awareness about our manual, and received enthusiastic response. Some of these SMC meetings were held in far flung areas of Delhi including Saboli Village in Gokulpuri, Narela Sector VI and Holambi Kalan in Outer Delhi as well as in Trilokpuri in East Delhi. The Indian Social Institute in Lodi Road, too, played host to a similar event in collaboration with the NGO, Josh.
COMMON CAUSE | Vol. XXXVII No. 4 October-December, 2018 | 23 Saboli Village in Gokulpuri The SMC booklet distribution in Saboli Village in Gokulpuri was done in association with NGO Samarthya, which works with about 12 SMCs in north east Delhi. Held on August 17, 2018, the meeting saw the participation of around a dozen people. Small milestones in their achievement trajectory included installation of lights at school gates for late evening shifts, ensuring punctuality of teachers and posting of guards at school gates.
SMC members in Saboli Village helped install lights at school gates for late evening shifts.
Members of the elected bodies said they needed to speak up about their challenges. Narela Sector VI and Holambi Kalan SMC meetings at Narela Sector VI and Holambi Kalan were held on August 19, 2018, in collaboration with AV Baliga Memorial Trust. The trust takes care of about half a dozen SMCs in Outer Delhi’s Narela area. While nearly 10 SMC members participated in the training session organised at Sector VI, 35 participated in the Holambi Kalan meeting. Members of these elected bodies stressed on the need for vocalising issues experienced by them to strengthen their role as a link between the community and school. Emphasis was also placed on boosting capacities of SMC members with the help of NGOs.
24 | October-December, 2018 COMMON CAUSE | Vol. XXXVII No. 4 Timarpur The SMC congregation at Timarpur saw attendance of members from 15 schools in the area. Labelled as SMC Mahasabha, the meeting took place on October 7, 2018 at Sarvodaya Vidyalaya, on the joint initiative of Common Cause and the area AAP MLA Pankaj Pushkar. The booklet was distributed among a highly- engaged community of members. It was an experience in knowledge sharing, where SMC members exchanged notes with the Common Cause team on strengthening and improving community ties with schools while we discussed Dr Vipul Mudgal (standing), Director, Common Cause, with how enabling conditions can be created for area MLA Pankaj Pushkar (right), discussed ways to improve students. community ties with schools.
COMMON CAUSE | Vol. XXXVII No. 4 October-December, 2018 | 25 Trilokpuri The Common Cause team visited Trilokpuri as part of its commitment to make regulations laid down by the RTE Act more accessible to SMC members. We wanted to simplify various norms and standards provided by the Act that may be too complex an area to navigate for certain individuals. The meeting, which took place on December 22, 2018, included a discussion with SMC members of Trilokpuri’s Block 32 around issues they face while monitoring school functioning. This was followed by the distribution of the Common Cause SMC booklet, which presents the powers, duties and responsibilities of SMC members as provided for in the RTE Act, 2009. The event ended with suggestions on how both SMC and Non-SMC members could contribute further towards school oversight and learning outcomes. Some of the suggestions included collaborative efforts with school administration and organising summer school programmes, among other things.
Learning outcomes for children still remain the biggest challenge for the SMC members.
26 | October-December, 2018 COMMON CAUSE | Vol. XXXVII No. 4 A COWARD’S POLITICAL WEAPON Troll Armies Go on Settling Scores KV Lakshmana*
Trolling – loosely defined as an the principal opposition party the overall perception that it act of making a deliberately then, the Bharatiya Janata Party was a government steeped in offensive or provocative online (BJP) raised an army of online corruption and unable to take post with the aim of upsetting warriors for the electoral battle key policy decisions that affected someone or eliciting an angry in 2014. Trolling as a political the pace of economic growth in response – is often used in India weapon did add to the overall the country. as an online weapon of slaying armoury of a very powerful political enemies. and successful BJP campaign It was only much later, after to anoint Narendra Modi as Modi romped home with a brute It can easily be described as the the Prime Minister. More so, majority, that the Congress woke most distasteful misuse of social because the narrative was built up to the beast called social media to tarnish the image of around presenting Modi as a media and began to engage an opponent. All India Congress tough leader who would slay with it. Here, the old guard and Committee (AICC) president the demons of corruption, bring even the not-so-old guard of Rahul Gandhi has been a fair back the black money and fulfil the party were all at sea till a game for the countless trolls the aspirations of a nation hungry young and creatively-inclined who took pot shots at him, for growth. party leader from Karnataka, lampooned him and uncharitably Divya Spandana, also a popular dubbed him a Pappu (immature, How trolling helped the BJP actress, took charge of the social incompetent or a bumbling was in making its opponent media activity in May last year. fool), ever since social media – the UPA government of And within no time, she began emerged as a powerful medium Dr Manmohan Singh and a to make a difference, showing for political messaging. At a time Congress party led by Rahul that even the Congress party when the rest of the political Gandhi and his mother Sonia could play the game and match parties were still oblivious to the Gandhi – look ugly and repulsive the BJP internet warriors on an power and capabilities of social to the voter. The Congress did equal footing. What she did media in shaping perceptions, itself no favours by adding to with her witty, pungent and
*Lakshmana Venkat Kuchi is a Bangalore based freelance writer tracking social and political changes across the country.
COMMON CAUSE | Vol. XXXVII No. 4 October-December, 2018 | 27 generated huge amount of abuse and criticism for showing disrespect to the Prime Minister. While politicians have largely escaped facing action, a Manipuri journalist was not so lucky, as he was sentenced to a year in jail for criticising Chief Minister N Biren Singh and Prime Minister Narendra Modi. This is the latest in a series of penal actions against media persons and those criticising the government. Several media associations have demanded the release of Kishorechandra Wangkhem, detained under the National Security Act for 12 months. A local TV journalist in Manipur, Wangkhem had uploaded a video on social media in which he criticised the Chief Minister and the Prime Minister. This arrest is being seen hard-hitting tweets targeting one-line tweets. Soon, ministers as a warning to independent- the ruling dispensation was to were holding press conferences minded media persons to mend occupy the digital space with to counter Rahul Gandhi, whom their ways and has brought the a Congress narrative. Till then they continuously attack on issue of freedom of speech and the BJP had a field day with no Twitter. Clearly, the game is on expression under sharper focus one to challenge it in an arena and the Congress too is very once again as the country gets that appeals to the youth voters’ much in the field. And a few of ready to get into election mode. segments that live a digital life. its leaders and workers have also The arrest has been condemned hit back with equal and opposite by some of India’s most Spandana is also a former force by trolling. The Congress respected media associations and member of Lok Sabha from too is now staffed with its own IT civil rights groups. Mandya, in Karnataka. She is army to take on the BJP’s famed Although the jury is out on widely believed to be the person IT cell. looking at the tweets emanating whether the video by the from the official handle of Rahul Divya Spandana herself has Manipur TV journalist constituted Gandhi, which since then are got into trouble with a few of trolling, there is no denying that being watched with a bit of her controversial tweets. Most trolling per se has tremendous jitter by the right wingers. The recently her post on the Statue harm potential. It damages the Pappu of yore – lampooned as a of Unity with the picture of Modi image of an individual or an novice and failed politician – was ji standing near the gigantic entity, often leaving the victim beginning to get under the skin statue of Sardar Patel with the with little or no recourse. A of the BJP leaders with his catchy caption – “Is that bird dropping?” case in point is that of the Tamil
28 | October-December, 2018 COMMON CAUSE | Vol. XXXVII No. 4 singer Chinmayi Sripaada from those holding Constitutional No one is safe from trolls who Chennai, who was trolled for positions follow people who provide ammunition to hate airing accusations of sexual spew venom and hatred in their campaigns. Also a close cousin harassment against noted lyricist tweets? However, this did not of trolling is fake news, which is Vairamuthu. She had the courage stop the Bengaluru police from described variously as deliberate to speak out her #MeToo story arresting Mahesh Vikram Hegde disinformation or hoaxes. This and became the target of abusive in July for allegedly spreading trolls. A few of her friends like false information about a Jain battery of lies, in turn whips actress Samantha Nagarjuna monk being attacked by a up frenzy and can lead to mob jumped into the arena to her Muslim youth. According to violence, lynching or communal rescue. She stood her ground the police, the monk had been clashes. As technology can and fought back the trolls. injured in an accident. Hedge, spread such messages with one of the founders of Postcard When it comes to the field of electrifying speed and vitiate News, a publication leaning politics, digital assassination has the atmosphere, checking this towards right wing ideology, huge impact in India, which has becomes imperative. Often, the had no less a person than the a growing internet penetration Prime Minister following him. authority resorts to snapping and rapid spread of Facebook, In fact, critics of the PM have the internet and suspending Twitter, WhatsApp and YouTube. raised questions on why he telecom services till the situation The troll/meme industry is one followed some individuals whose is brought under control. of the biggest in certain states tweets contained objectionable in India. Such is the impact material. Between May 2017 and April of trolls that even established 2018, there were as many as 82 personalities can be demolished The digital attacks have no instances of internet shutdown in no time. For the political boundaries and could be in India. Says former NASSCOM parties, much to their grief, this launched from anywhere against Chairman Kiran Karnik in was the takeaway of 2014. anyone. Even union ministers are not entirely free from this his latest book, Evolution, The social media soldiers of the menace as the relentless trolling Decoding India’s Disruptive BJP, by then the most efficiently of External Affairs Minister Tech Story: “The romantic idea managed social media outfit, Sushma Swaraj showed. Swaraj of technologies of freedom successfully worked on the came under attack from vicious minds of the masses, and made has been neutralized by the trolls for issuing a passport to a difference to its campaign. harsh truths of the real world.” an inter-faith couple. A Twitter The party also picked its targets In the strife-torn border state goon wondered if it was her and unleashed trolls who were of Jammu and Kashmir, often “Islamic Kidney” which needed satirical, witty and acerbic. It internet shutdowns are enforced to be blamed for her decision used comedy, when needed, of passport issuance. One to maintain law and order, but, to tarnish the image of an troll suggested that Swaraj’s in the case of trolls across India, ideological opponent. What the situation and the threat made the digital assassination husband be beaten up. of character easy was that the Congress spokesperson Priyanka perception are different. Which perpetrators could do anything Chaturvedi too became a target is why, the trolls are free to carry while hiding behind the screen of the troll army. A troll had out their concerted sniper attacks of anonymity. issued rape threat against her from wherever they may be 10-year-old daughter. However, located. But what can the law swift action was taken by the enforcement agencies do if police in this case.
COMMON CAUSE | Vol. XXXVII No. 4 October-December, 2018 | 29 THE HIGH PRICE FOR ONLINE FREEDOM The Role of Rights, Realities and the Law Anshi Beohar*
In light of such incidents, Common Cause filed a writ petition in the Supreme Court, challenging the constitutional validity of sections 66A, 69A and 80 of the Information Technology Act, 2000 (as amended in 2008), among other provisions, on grounds of being violative of Articles 14 and 19 of the Constitution of India. The petition was tagged along with Writ Petition (Crl.) No.167 of The Constitution of India has to freely use the internet from 2012, Shreya Singhal v. Union of guaranteed freedom of speech various perspectives, specifically India. and expression and personal highlighting the legal frameworks The two-judge bench of the liberty of the citizens as well as around it. In addition to this, Supreme Court comprising ensured freedom to the press it will discuss how various Justice Chelameswar and Justice under Articles 19 and 21 as mechanisms to restrict access to Nariman passed a landmark fundamental rights. However, online content or websites such judgment in March 2015, where these rights are subject to as internet shutdowns come into Section 66A of the Information reasonable restrictions placed direct confrontation with the Technology Act, 2000 was on grounds of national security, right to the fair use of internet. struck down as being violative morality or public indecency, Common Cause Petition of Article 19(1)(a). The court contempt of court, threat to the held that Section 66A of the Act Section 66A of the Information sovereignty and integrity of India restricted freedom of speech and Technology (IT) Act, 2000 had or on similar grounds. Engaging expression while failing to classify been in the eye of a storm for in acts like sedition, hate speech between discussion or advocacy being a provision in cyber law and incitement. and defamation can have serious that was seen by advocates of consequences under the Indian free speech as targeting people However, according to a report Penal Code. Often, the line with critical political views. by HUFFPOST, 3,137 arrests between offensive behaviour It provided punishment of were made under Section 66A in and innocuous communication is imprisonment for up to three 2015, even though the Section exceedingly blurred. These wide years and fine for sending was struck down in March 2015. and ambiguous interpretations offensive messages online. of expression are brought into Online Censorship and This law was often used to sharper focus in online spaces, treat so-called offenders Bans where limits on free speech are with a heavy hand and they Like most nations, India too has constantly tested and scrutinised. frequently received penalties become an engaged participant This article will focus at the right disproportionate to their actions. across social media platforms.
*Anshi is a Legal Consultant at Common Cause
30 | October-December, 2018 COMMON CAUSE | Vol. XXXVII No. 4 Unfettered access to the Therefore, regulation of online censorship, central and state internet has ensured that it has content is at the centre of governments in India have become a podium of meaningful conversations around democracy adopted a number of measures debate and conversation. now. and powers in order to remove Across the world, social media internet content or block access has driven political change, One recent instance of content to it,” says Dr. Pradeep Kumar helped democratically minded blocking has been the banning Misra, in his post Public Opinion individuals to come together of websites hosting pornography. On Censorship Of Internet In and be a catalyst for social On one hand, this was perceived India: A View From Up.3 as an act of moral policing and movements. Simultaneously, Before net neutrality came into comment threads on the same violation of the net neutrality rules while on the other there force, even service providers online platforms are coloured could restrict access to specific with prejudices like racism, have been opinions validating this step, citing research studies online material within their sexism and much more. on porn and violence against network. Websites too were Therefore, ideas of monitoring, women and children. As of banned by the state owing to surveillance and censorship November 2018, more than intellectual property violations, of online content are gaining 800 websites have been banned especially on distribution of momentum more than ever while social media websites like pirated content. Today, a lot of before. Twitter have transformed into a websites conduct automated In India, both the excess as well slugfest of views favouring and sweeps for pirated, inappropriate as lack of censorship on internet opposing the ban. or offensive content so that their have been realities. One’s websites are not banned by the As of now there are no freedom of speech has often state. legal provisions in India that been in conflict with another’s specifically curb viewing On April 25, 2018, The Indian right to privacy. As the right to pornography. However, its Express revealed that Indian privacy has been recognised as a publication or transmission is internet service providers fundamental right under Article legally forbidden. Interestingly, (ISPs) have installed the highest 21 of the Constitution by the the latest order of an Indian number of Internet filtering Supreme Court in August 2017, court has led to a blanket ban or systems and blocked the the concerns and issues around it generic ban, where many online maximum number of web in the online domain are bound portals carrying pornographic pages. It added that other than to undergo rapid transformation.1 content were taken down.2 those dealing in porn or piracy, Even when the right to privacy websites and web pages found The question of internet was not so clearly defined, blocked at different points censorship needs to be seen there were other grounds for during the testing period in against the backdrop of India implementing “reasonable India include those belonging being the world’s largest restrictions.” The debate around to domestic and foreign NGOs, democracy. Internet freedom censorship is a complex one in United Nations organisations, acquires grave undertones when India, as it needs to be framed human rights groups, health we place it in the context of the against morality and ethics. Also, forums, feminist groups and country’s large population which 4 much of the online censorship political activists. is seeing a fast penetration of the is carried out in a heterogenous internet. Cyber Security: A Real manner, but the most common practice is to remove the “In a nutshell, while there is no Threat censored content or completely sustained government policy or With the advance in technology, ban the concerned website/s. strategy for large scale internet cyber security has become a
COMMON CAUSE | Vol. XXXVII No. 4 October-December, 2018 | 31 serious concern. Given the mobile apps or sometimes, 1973 were invoked to impose increase in number of incidents internet, within their territories. internet shutdowns. in this domain, a government- It says: “An internet shutdown mandated information is an intentional disruption Indian Telegraph Act, technology security organisation of internet or electronic 1885 called Indian Computer communications, rendering The first incident of internet Emergency Response Team, or them inaccessible or effectively shutdown occurred in 2012, in CERT-In was established. It was unusable, for a specific Kashmir.7Mobile internet services set up by the Department of population or within a location, were suspended for a few hours Information Technology in 2004 often to exert control over the then in the Kashmir Valley, under to report on vulnerabilities and flow of information.” Section 5 of the Indian Telegraph to promote effective IT security India has seen a sharp upsurge Act, 1885, in the interest of practices throughout the country. in the number of internet public safety and for maintaining CERT-In is also responsible for shutdowns in the last three years. public order. Section 5(2) states ensuring emergency measures Of the total 268 shutdowns since that “on the occurrence of any when episodes of cyber 2012, more than 120 shutdowns public emergency, or in the security breach occur and can took place in Jammu & Kashmir, interest of the public safety, issue guidelines, advisories followed by 56 in Rajasthan the Central Government or a and whitepapers relating to while more than 240 have been State Government or any officer information security practices, reported in the last three years.5 specially authorised in this behalf procedures, prevention, response by the Central Government and reporting of such incidents. Additionally, internet shutdowns have impacted the Indian or a State Government may, Internet Shutdowns economy. Internet bans in 2018 if satisfied that it is necessary alone have led to a loss of more or expedient so to do in the Policing the internet is a reality interests of the sovereignty and today. And a weapon to bring than Rs 22,150 crore in the country.6 integrity of India, the security of digital communications to a the State, friendly relations with grinding halt is the internet Until recently, there was no foreign states or public order or shutdown. The authorities specific regulation to deal for preventing incitement to the temporarily shut down with internet shutdowns. On commission of an offence...” telecom networks with the August 7, 2017, the Ministry objective of disrupting chains of of Communications issued and This provision empowers the misinformation or controlling law notified Temporary Suspension government to take possession and order situations. of Telecom Services (Public of licensed telegraphs or order Emergency or Public Safety) interception of messages. Access Now, an international Rules, 2017 (to be referred Section 3(1AA) of the Telegraph non-profit, human rights, public to hereafter as Telecom Act, defines telegraph as: “any policy, and advocacy group Suspension Rules). This was appliance, instrument, material dedicated to defending and meant to regulate the temporary or apparatus used or capable of extending the digital rights of suspension of telecom services use for transmission or reception users has initiated #KeepItOn, a due to public emergency or of signs, signals, writing, images global campaign against Internet public safety, and the rules were and sounds or intelligence of any shutdowns . issued under Section 7 of the nature by wire, visual or other According to Access Now, in Indian Telegraph Act, 1885. electro-magnetic emissions, order to control the actions Prior to the Telecom Suspension radio waves or Hertzian waves, of people, governments use Rules, the Telegraph Act, 1885 galvanic, electric or magnetic blackouts to disrupt particular and Code of Criminal Procedure, means.”
32 | October-December, 2018 COMMON CAUSE | Vol. XXXVII No. 4 This law is more than 150 years internet bans and other acts of internet shutdowns in India is old and yet, the definition cyber repression for intruding pretty recent. Through these is broad enough to cover on human rights. Section rules competent government internet and any other future 144 itself has come under authorities were conferred the technological developments. This censure from a lot of quarters. powers to order internet bans in statute gives uncontrolled power “Governments initially justified districts and states of India. to both the central and the state shutdowns on the back of According to the Telecom governments as well as any Section 144 of the Code of Suspension Rules, directions to authorised officer to prevent the Criminal Procedure (CrPC)—an suspend telecom services shall transmission of any information. amorphous legal provision that not be issued, except by an The same law also empowers the empowers a district magistrate order made by the competent state to tap phones. with wide discretion to pass authority, accompanied by the orders as she deems necessary reasons for the suspension. In Code of Criminal for public safety,” says Nakul this case, competent authority Procedure, 1973 Nayak.9 According to Apar is the secretary in the Ministry The most frequently invoked Gupta, Co-Founder of Internet of Home Affairs for the central legal measure to cut off internet Freedom Expression, the social government and the secretary to access in India is Section costs and the deprivation of the state government, in charge 144. The majority of internet fundamental rights are high of the Home Department. shutdowns recorded from 2012 when the internet is shut down. However, in “unavoidable to April 2018 have been ordered He says that a shutdown takes circumstances,” an order might under Section 144 of the Code away the freedom of speech be issued by an officer of the of Criminal Procedure, 1973.8 and expression from people, but rank of joint secretary or above This section provides state much more deeply.10 who has been duly authorised governments the power to issue Internet shutdowns also impact by the Union Home Secretary orders for immediate remedy the right to education or right to or State Home Secretary, subject in urgent cases of nuisance or practice business or trade. This to the confirmation of the apprehended danger. It has led to a PIL in the High Court of competent authority within 24 been used to deal with law and Gujarat, Gaurav Sureshbhai Vyas hours of the aforesaid suspension order situations and unrest in the 11 v. State of Gujarat, where the order. community by imposing curfews, High Court upheld the power of dismissing unlawful assemblies the State Government to impose There are several reasons and issuing any other necessary the internet shutdown under why the Telecom Suspension orders. Apart from a maximum Section 144. On appeal, the Rules have been smothered in time period of six months, Supreme Court bench headed by criticism. To begin with, these this provision has no other the then Chief Justice T S Thakur new rules were passed without limitations. In fact, a Judicial upheld the High Court’s decision any pre-legislative public 12 Magistrate can order service in this regard. consultation, and the stark providers to blackout internet, in ambiguity of the statute reflects order to handle an emergency Temporary Suspension that. More importantly, the rules situation or crisis. of Telecom Services do not define “unavoidable circumstances.” Even where the Critics have hailed internet (Public Emergency or statute provides definitions, they clampdowns across the world Public Safety) Rules, are broad and vague. as emblematic of authoritarian regimes. Human rights groups 2017 In addition, the rules also do and press freedom advocates As discussed earlier, the specific not mandate a public notice to have consistently decried regulatory framework around disseminate the information of a
COMMON CAUSE | Vol. XXXVII No. 4 October-December, 2018 | 33 shutdown. There is provision for be employed, time and again, internet and social media in review committees, both at the merely to interrupt a channel of particular can push citizens centre and state levels, which communication and to present into polarized echo chambers will receive these suspension a situation perceived to be more and pull at the social fabric of a orders in the next working day of critical than it actually is. country, fueling hostility between the date these orders are issued. different communities. Over the This also feeds into an ongoing They will then conduct a meeting past 12 months in Bangladesh, global debate on whether it within the next five working is justifiable for governments India, Sri Lanka, and Myanmar, days of the issue of directions for to monitor and analyse online false rumors and hateful suspension, to record its findings content before blocking it propaganda that were spread on the legitimacy of the order. altogether. There are also online incited jarring outbreaks However, there is no mention worldwide conversations on of violence against ethnic and of another appellate authority in 13 the reasonableness of being religious minorities.” the rules. penalised for what the state The report also drove home Additionally, the review considers transgressive internet some hard truths. It laid bare committee only includes behaviours. Facebook’s claim that the members of the executive, a majority of content requested structure that does not guarantee Conclusion to be removed by Indians were transparency. Next to no Internet use, or going online found to be in violation of laws consideration is given to the is a daily ritual for most of us. on hate speech and defamation undeniable reality of modern Internet, in fact, is an enabling of religion and the state . It also life, which is governed by a technology that is helping revealed that there has been high reliance of citizens on the people to engage with multiple a rise in disturbances on the internet for accomplishing daily voices and cement a political grounds of ethics and religion, processes like e-commerce, and social identity. It is also on issues like cow smuggling, e-governance, cloud computing the great transformer with child kidnapping, etc. due to and financial services. For the ability to pull populations fake news distribution on various fair representation the review out of poverty and foster platforms and an escalation in committee should have included opportunities. Its empowering the circulation of hate speech . all stakeholders. influence, however, comes with Tools like Social Media, Blogging, a rider. One is exposed to data The new rules have been etc. have become the vessels of surveillance more than ever panned by several sections for hate speech and fake news. before. Simultaneously, there’s their defects. Although they Clearly, given India’s economy censorship and continuous bring in a lot of checks and slowly moving towards internet encroachments on digital privacy. balances, including giving powers connectivity, costs of switching to higher authorities to issue In 2018, Freedom House, off can be high. Online internet shutdown orders, they an independent watchdog censorships will not only result also entail curbing fundamental organisation, dedicated to the in continued and sustained rights of citizens. One may expansion of freedom and losses to the nation’s coffers, argue that it is reasonable when democracy around the world, but will also be a strain on the severe measures like internet analysed 65 countries across rights of individuals. Denial shutdowns are used to put an the globe and came up with a of the free use of internet end to an ambience of fear and Freedom on the Net Report. undermines possibilities of mistrust heightened by rumours Titled The Rise of Digital political participation and limits on social media. However, the Authoritarianism,it says: “With opportunities for civil societies. same instrument can easily or without malign intent, the And that can only have negative
34 | October-December, 2018 COMMON CAUSE | Vol. XXXVII No. 4 consequences for the health of blocked-its-telcos-filter-the-most- Services Legitimise Internet our democracy. netsweeper-5150620/ Shutdowns and Facilitate Voice Call Bans. The Caravan. Retrieved 5. SFLC.IN. Internet shutdowns. December 31, 2018, from https:// Retrieved November 30, Endnotes caravanmagazine.in/vantage/ 2018, from https://www. 1. Justice K. S. Puttaswamy (Retd.) and suspension-telecom-services-rules- Anr. vs Union Of India And Ors., internetshutdowns.in/ legitimise-internet-shutdowns- WP (C) 494 of 2012 6. Jalan, T. (December 10, 2018) facilitate-voice-call-bans 2. Digital Empowerment Foundation Congress MP Tharoor urges a 10. (October 3, 2018) IEThinc: Is (2015, September) Limited Access review of internet shutdown Internet shutdown the new order Restricting Expression. Retrieved rules in India. MediaNama. for law & order? The Indian Express. November 13, 2018, from http:// Retrieved December 10, 2018, Retrieved December 31,2018, from internetrights.in/wp-content/ from https://www.medianama. https://indianexpress.com/article/ uploads/2015/10/Country- com/2018/12/223-shashi-tharoor- technology/tech-news-technology/ Research-Report_September-2015. review-internet-shutdown-rules/ is-internet-shutdown-the-new- pdf 7. SFLC.IN (2018,May) Living in order-for-law-order-5383491/ 3. Dr. Misra, P K. (December 3, 2014) Digital Darkness - A Handbook 11. Gaurav Sureshbhai Vyas v. State of Public Opinion On Censorship on Internet Shutdown. Retrieved Gujarat, W.P. No.191 of 2015 Of Internet In India: A View From November 15, 2018, from https:// Up. CGCS MEDIAWIRE. Retrieved sflc.in/sites/default/files/reports/ 12. Internet Freedom Foundation. December 30, 2018, from https:// Living%20in%20Digital%20 Keep Us Online. Retrieved global.asc.upenn.edu/public- Darkness%20-%20A%20 November 30, 2018, from https:// opinion-on-censorship-of-internet- Handbook%20on%20Internet%20 internetfreedom.in/shutdowns- in-india-a-view-from-up/ Shutdowns%20in%20India%2C%20 petition/ 4. Mazoomdaar, J and Sarin, R. (April May%202018%20-%20by%20 13. Freedom House (2018, October) 25, 2018) India tops list of websites SFLCin.pdf The Rise of Digital Authoritarianism: Freedom on the Net – 2018. blocked, its telcos filter the most. 8. Ibid. The Indian Express. Retrieved Retrieved November 22, 2018, December 30, 2018, from https:// 9. Nayak, N. (October 6, 2017) from https://freedomhouse.org/sites/ indianexpress.com/article/india/ The Recently Notified Rules default/files/FOTN_2018_Final%20 india-tops-list-of-websites- on the Suspension of Telecom Booklet_11_1_2018.pdf
COMMON CAUSE | Vol. XXXVII No. 4 October-December, 2018 | 35 NOTICE FOR ANNUAL GENERAL MEETING
To, All members of COMMON CAUSE SOCIETY The Annual General Meeting (AGM) of COMMON CAUSE Society will be held at 3rd Floor, Common Cause House, 5, Institutional Area, Nelson Mandela Road, Vasant Kunj, New Delhi-110070, on Saturday, 2nd March 2019 at 11.00 A.M. The agenda will be as follows: 1. Consideration of Annual Report and adoption of the Annual Accounts along with the Auditors’ Report for the year 2017-18 2. Appointment of Auditors for the year 2018-19 3. Activities and Programmes of the society 4. Elections 5. Any other item with permission of the chair It may kindly be noted that in accordance with Rule 15 of the Rules & Regulations of the society, if within 15 minutes of the beginning of the meeting, the quorum is not present, the meeting would stand adjourned and be held after half an hour of the original scheduled time, and the members present in the adjourned meeting shall form the quorum of that meeting. Copies of the Balance Sheet and Income & Expenditure statement will be provided during the AGM. Vipul Mudgal Director COMMON CAUSE
36 | October-December, 2018 COMMON CAUSE | Vol. XXXVII No. 4 Independent Auditors’ Report
To the Members of audit. We conducted our Opinion Common Cause audit in accordance with the (a) In our opinion and to the Standards on Auditing issued best of our information by the Institute of Chartered Report on the Financial and according to the Accountants of India. Those Statements explanations given to us, Standards require that we the aforesaid financial We have audited the comply with ethical requirements statements give a true and accompanying financial and plan and perform the audit fair view in conformity with statements of Common Cause to obtain reasonable assurance (“the Society”), which comprise about whether the financial the accounting principles the Balance Sheet as on March statements are free from material generally accepted in India: 31, 2018, the Income and misstatements. (i) In the case of the Balance Expenditure Account for the Sheet, of the state of affairs An audit involves performing year then ended, a summary of the Society as on March of significant accounting procedures to obtain audit 31, 2018; and policies and other explanatory evidence about the amounts information. and disclosures in the financial (ii) In the case of the Income and statements. The procedures Expenditure account, of the Management’s selected depend on the deficit (excess of expenditure Responsibility for the auditor’s judgment, including over income) for the year Financial Statements the assessment of the risks of ended on that date. material misstatement of the (b) We have obtained all Management is responsible for financial statements, whether the information and the preparation of these financial due to fraud or error. In making explanations which to the statements that give a true and those risk assessments, the fair view of the financial position, auditor considers internal best of our knowledge and and financial performance control relevant to the Society’s belief were necessary for the of the Society in accordance preparation and fair presentation purpose of our audit. with the accounting principles of the financial statements (c) In our opinion, proper books generally accepted in India. in order to design audit of account as required by This responsibility includes the procedures that are appropriate law have been kept by the design, implementation and in the circumstances. An audit Society so far as appears maintenance of internal control also includes evaluating the from our examination of relevant to the preparation and appropriateness of accounting those books. presentation of the financial policies used and the statements that give a true and reasonableness of the accounting For VKGN & Associates fair view and are free from estimates made by management, Chartered Accountants material misstatement, whether as well as valuating the overall ICAI Firms Registration No. due to fraud or error. presentation of the financial 012897N statements. We believe that the Auditors’ Responsibility Vijay Gupta Partner audit evidence we have obtained Membership No. 081986 Our responsibility is to express is sufficient and appropriate to Place: New Delhi an opinion on these financial provide a basis for our audit Date: October 25, 2018 statements based on our opinion.
COMMON CAUSE | Vol. XXXVII No. 4 October-December, 2018 | 37 COMMON CAUSE ANNUAL REPORT FOR THE YEAR 2017-18
In the last one year, several processes around us in order states of India. The exercise, initiatives by team Common to deepen democracy and to an all India performance- Cause have evoked enthusiastic reinforce probity in public life. cum-perception survey responses from activists, Readers have been writing to of 22 states, was done institutions, civil society, courts us with their feedback and in collaboration with the and citizens. The society’s suggestions on the articles Lokiniti Programme of the PILs and advocacy efforts published. CSDS which has several were supplemented by the decades of experience in Following are the other activities launch of the Status of Policing survey research. On May 9, of the organisation over the past in India Report (SPIR 2018). 2018, India’s first Status of year: The SPIR was hailed by the Policing in India Report (SPIR stakeholders and it received Advocacy and research 2018) was launched at the extensive coverage across media India Habitat Centre. The platforms. The report has been initiatives release was followed by a quoted widely by policy makers, a. Police Reforms panel discussion on “People- political scientists, journalists, Centric Policing and the Rule 1. Launch of SPIR 2018: lawyers and law universities. The of Law.” The participants of Globally, surveys and data report had to be reprinted due the panel discussion were analysis are deployed to high demand mainly from to provide snapshots of former Law Commission the libraries and the police and Chairman Justice A. P. allied departments. During the police-citizen relations, levels of impartiality, and Shah, former DGP and course of the year, Common Indian Police Foundation Cause also participated in several responsiveness to distress and crime. They also point Chairman Mr. Prakash Singh conferences, conclaves and and Human Rights lawyer, collaborated with a variety of out problem areas and improvements that may have Ms. Warisha Farasat. The institutions with similar objectives discussion was chaired by and goals. occurred due to state actions. All this goes a long way in Professor Suhas Palshikar, Common Cause journal improving the rule of law and Co-Director of Lokniti continues to strive to reach in plugging the democratic Programme. The report out to the society’s members deficit in societies. It is raises hard questions on law on a range of public and social with this objective that the enforcement in 22 states policies. Its objective is to engage Common Cause Project on across India. The SPIR is a with a cross-section of public- police reforms was initiated combination of performance spirited readers through quarterly in early 2000s. The current and perception of policing issues dedicated to theme-based phase of the project has been through an analysis of official cover stories. The endeavour is designed to monitor the data and an elaborate to initiate a dialogue with our impact of the police force on perception survey. It also members, well-wishers and the ground. It evolved into highlights the gaps and sundry changemakers on some an annual status of policing systemic inefficiencies which of the most vital policies and report, involving all major have become endemic in
38 | October-December, 2018 COMMON CAUSE | Vol. XXXVII No. 4 almost all states despite followed by a discussion functionaries. The panel having been flagged by was held on December 1, discussion was followed by successive CAG reports. 2018 at the Saturday Club sessions on the theme – “The The analysis is arranged of the India International Future of Policing—Vision primarily in terms of best Centre and a discussion on 2025,” featuring young IPS or worst-performing states the theme of Corruption and officers and young achievers and on parameters like age, the Rule of Law at the Jindal from all walks of life. The gender, caste, community, Global University, Sonipat, Young Police Leaders urban/ rural or economic/ on December 10, 2018. Yet brought to the table ideas educational status of the another presentation was for prospective policies to respondents. made at a brainstorming improve policing in this session on Women’s Access country while young citizens 2. Presentations on SPIR: to Policing, organised by discussed their perceptions Centre for Policy Research DASRA in Mumbai on of police and ways in which (CPR) organised an academic December 20, 2018. Apart they could contribute to discussion and presentation from this, the report was also achieving the vision. One of based on the key findings a subject of discussion at the sessions was dedicated to of the Status of Policing in many other forums involving the presentation of the SPIR. India Report- A Study of young IPS officers. Performance and Perceptions 4. Consultation for an on September 12, 2018. The 3. Future of Policing - Vision Effective Police Complaints speakers, Dr. Vipul Mudgal 2025: IPF-Common Cause Authority for Delhi: from Common Cause and Collaborative Event on Common Cause participated Professor Sanjay Kumar, Police Reforms Day & in a consultation on June Director, CSDS, answered a Youth Conclave, September 19, 2018, organised range of questions after the 22, 2018 Common Cause, by the Commonwealth presentation to a packed in collaboration with the Human Rights Initiative hall. The event was chaired Indian Police Foundation and for discussions on a Police by Senior Fellow of CPR Prof Bureau of Police Research Complaints Authority (PCA) Kiran Bhatty and attended and Development (BPR&D) for Delhi, a police oversight by many stakeholders. A organised a collaborative body that would receive second presentation was event on the Police Reforms and inquire into complaints made by Director Common Day on September 22, 2018 from the public against Cause at the Maharashtra at the India International Delhi Police personnel. The Police Academy, Nashik, Centre, New Delhi. The consultation took place in to about 60 police officers panelists included Minister the backdrop of immediate of the ranks of Inspectors of State for Human Resource preparations to set up a PCA and SHOs from all over Development (HRD) Dr. in Delhi, to be a platform Maharashtra. Also attended Satya Pal Singh, former for diverse stakeholders to by the Director MPA and judge of Supreme Court collectively deliberate and several other IPS officers, the and Chairman of the Law engage on what is needed presentation was followed by Commission Justice Balbir to establish a model PCA. To a candid discussion on every Singh Chauhan, Director situate the enabling factors aspect of policing including General of BPR&D Dr. required, the discussions questionable methods of AP Maheshwari, as well shared experiences, good policies such as ‘encounters.’ as eminent civil society practices, and challenges A presentation of the report, members and state faced by operational PCAs in
COMMON CAUSE | Vol. XXXVII No. 4 October-December, 2018 | 39 other states. Common Cause in the meetings held at the Tata issuing guidelines to make was also a signatory to the Trust office on 24 April and July it mandatory for physicians recommendations brought 10, 2018. We have also been to prescribe the names of out by various stakeholders, constantly in touch with the generic medicines, setting addressing the gaps in a coordinators and have provided up and ensuring continuous notification drafted by the the data available with us. The operation of Jan Aushadhi Office of the Lieutenant report intends to be an overall Kendras/ Drug Distribution Governor, in consultation audit of the criminal justice Centres (DDCs) in the with the Delhi government, system in India, by collating proximity of or within the on constituting a PCA for and analysing the data available premises of private hospitals Delhi. on segments like the police, 2. Representation before prisons, judiciary and legal LG’s Office, the Principal b. Making the Right to aid. Each partner organisation Secretary (Home) Delhi, is working on areas of their Education Act a Reality: and to the designated expertise. Common Cause team Common Cause launched its is taking care of areas of policing, staff in the Ministry of ambitious booklet in Hindi including data crunching. The Home Affairs: Common ‘Humara School, Humari project is coordinated by Ms. Cause was a signatory to Rakhwali,’ in July, 2018, aimed Maja Daruwala and is scheduled the recommendations at empowering the members to be launched in early 2019. made by CHRI for Police of the School Management Complaints Authority in Committees (SMCs) to improve d. Miscellaneous Delhi in June, 2018. It community participation in the Representations: participated in a round running of schools, particularly in table consultation on an 1. Representation before Dr. slums and urban villages. effective Police Complaints Kirti Bhushan Director Authority for Delhi and SMC Booklet distribution: General Health Services: endorsed the concerns and Common Cause has participated Common Cause sent recommendations with in several SMC meetings in suggestions for Delhi Health respect to the notification Delhi, using these occasions to Advisory on regulation of drafted by the Office of the interact with SMC members and private hospitals in July Lieutenant Governor, in distribute around 1030 booklets 2018. After studying the consultation with the Delhi so far. issue of generic drugs in government on constituting a India, Common Cause felt Police Complaints Authority that besides prescribing c. Initiatives on India for Delhi. Justice Report medicines from the NLEM list, as is suggested by the 3. Representation before The India Justice Report is a Committee constituted by the Chief Secretary, collaborative effort of several Hon’ble Minister of Health, Government of Rajasthan: civil society organisations all over Govt. of NCT of Delhi, in Common Cause brought India working on criminal justice its draft, the government to notice some of the system and is supported by Tata must also invest in making Constitutional, legal and Trusts. Common Cause hosted available generic versions of precedential provisions the brainstorming meetings of all prescription drugs. The which are being blatantly the project held on 27 February society suggested that the violated by individuals 2018 as well as on 13 August draft advisory must contain organising large scale events 2018. The team also participated recommendations including near the lakes of Udaipur in
40 | October-December, 2018 COMMON CAUSE | Vol. XXXVII No. 4 November, 2018. It pointed Nagrik Sangathan (SNS) Conduct, an organisation of out how festivities conducted at Kusumpur Pahadi slum former senior government in high-profile events will in Vasant Vihar. The yatra officers. Topics that were have an impact on the was part of several events extensively discussed quality of drinking water and organised in Delhi’s bastis, included mechanisms to air quality that are also likely colleges and public places to identify and check fake to pollute the atmosphere, oppose the RTI Amendment news and hate speech. The especially the lakes of Pichola Bill, immediate notification dialogue was also attended and Fatehsagar, which serve of the Whistleblowers’ by young lawyers and as drinking water sources Protection Act and Lokpal social media experts. The for the people of Udaipur. law, and reintroduction of deliberations included ECI According to last information the Grievance Redress Bill in oversight of social media received, the administration Parliament. marketing by the political has withdrawn permissions parties, their tech-support 3. Democracy Unity for holding mega-weddings teams and PR agencies. The Conference, Aug 13- which affect the environment idea was also to evolve an 14,2018 Common Cause in and around the lakes. actionable programme for Director participated in advocacy. The note which e. Meetings/ South Asia Unity Conference evolved at the joint meetings in Kathmandu aimed at Consultations with Civil was later presented for follow strengthening democratic up action to the Election Society organisations research network on Commission of India by the 1. Misuse of antibiotics in governance and the rule members of Constitutional livestock and poultry – of law. Organised by the Conduct and former civil April 28, 2018 Discussions Samriddhi Foundation and servants including Common were held at IIC with Shailja Asia Democracy Research Cause President, Mr Kamal Chandra, former secretary Network, the conference Kant Jaswal. to the Government of India, discussed how civil society 5. Data Protection Bill and lawyer Karuna Nundy on groups can engage with Consultation – November excessive use of antibiotics each other in order to 10, 2018 Common Cause particularly in poultry. The translate research into policy was part of the consultations idea was to explore options and practice. The group on the Data Protection Bill for future interventions. also discussed the Status jointly organised by several Deliberations took place on of Policing in India Report civil society organisations at expert predictions about the and the possibility of doing the Indian Social institute rising demand for protein similar surveys in other parts to analyse the Bill and its and a surge in antibiotic of the region implications on the lives misuse in livestock and 4. Fake News and its impact of common citizens. The poultry. on Elections – September discussions focused on the 2. Protest Yatra to oppose 10, 2018 A brainstorming provisions of the RTI that amendments to the RTI Act session on the perils of fake may be repealed once the – August 2, 2018 Common news and its ability to impact proposed bill is passed. The Cause team joined a yatra the Indian democratic meeting also addressed to oppose amendments climate was held at the challenges that members of to the RTI Act, organised Common Cause House at sectors like healthcare and by the NCPRI and Satark the initiative of Constitutional education would face if the
COMMON CAUSE | Vol. XXXVII No. 4 October-December, 2018 | 41 Bill is passed in its present wages, compulsory weekly prayed for the constitution of form. and annual paid leaves, an SIT to look into the recent and extension of maternity unprecedented events, 6. BBC ‘Beyond Fake News’ leave benefits. The petition investigate the allegations of Conference – November argues that until a law is corruption against senior CBI 12, 2018 Common Cause brought in place, interim officials and submit its report team participated in a BBC guidelines should be issued to the Court. In a welcome conference which brought for safeguarding rights of order, the Bench headed by together several stakeholders domestic workers, in line Chief Justice Ranjan Gogoi to address a wide gamut with ILO Convention 189. directed that the CVC inquiry of issues surrounding fake The petition also prays against Alok Verma be news in a hyper-connected that domestic workers completed within two weeks world. The takeaways of be included under the under the supervision of the deliberations were also Minimum Wages Act, 1948. former SC Judge, AK Patnaik. discussed with other partners Other prayers include The interim Director M of Common Cause for setting up of a committee advocacy effort. Nageswar Rao was directed of experts, under Supreme not to take any major policy Public interest litigation Court’s supervision, to decisions. This report, along suggest means to regulate with the one of CVC on the Supreme Court Cases employment agencies of preliminary enquiry on Mr 1. Fair working conditions domestic workers, terms and Verma were submitted on for domestic workers: conditions of their dignified 12.11. 2018 and taken on Common Cause, along with employment, as well as record.During the hearing the National Platform for formulating a mechanism on November 16, the Court Domestic Workers (NPDW), for dispute resolution. The commented on the content an umbrella unit of 36 petition was registered of the report and directed unions and federations, and on November 22, 2018 Mr. Verma to file his response social activist Aruna Roy, and is likely to be listed in in a sealed cover by Nov 19. has filed a writ petition in December. In the hearing next day, the the Supreme Court praying 2. Challenging the arbitrary Court expressed displeasure for directions by the Court removal of CBI Director: both at the alleged leak to to ensure fair and humane Common Cause filed a writ the media of sections of Mr working conditions for praying for quashing of the Verma’s reply as well as his domestic workers. The order of October 23, 2018, counsel seeking time beyond petition filed on November issued by the CCVC to the stipulated deadline for 15, 2018, seeks urgent remove the CBI Director Mr filing response. In the hearing intervention of the Court Alok Verma. This order had on November 29, the to acknowledge domestic divested Verma of powers counsels for the petitioners help as a “service for pay,” as CBI Director. The petition and the respondent made lay down guidelines for also sought directions for the submissions.The petitioners protection of their human removal of the CBI’s Special argued that appointment, rights and issue appropriate Director Mr. Rakesh Asthana transfer or dismissal of CBI directions to the government. in light of serious corruption Director cannot be done The prayers also include, cases pending against him in without the consent of the among others, ensuring order to ensure institutional Selection Committee, while notification of minimum integrity. Common Cause the respondent refuted this
42 | October-December, 2018 COMMON CAUSE | Vol. XXXVII No. 4 argument and submitted that to the direction shall remain 23, 2018 and thereafter in the final authority vests in the in abeyance. Declining March, April and May, 2018. central government. The next modification of its previous The Centre had on May 15, date for listing is 5 December order on comprehensive 2018 informed the Court 2019. guidelines for the that senior advocate Mukul appointment and removal Rohatgi has been appointed 3. Writ for Police Reforms: of the state DGPs, the SC as an eminent jurist in the The battle for police reforms on July 30, 2018, granted selection committee for has been going on for the liberty to the petitioner to Lokpal appointment. The last 22 years. The Supreme file plea for clarification Supreme Court on July 2, Court took 10 years to in the event of a sudden 2018 directed the Centre give a historic judgment in vacancy in the DGP post. to apprise it within 10 days 2006 in the petition filed On September 7, 2018, the about the time frame for by Prakash Singh, Common state of J&K approached the Lokpal appointment. As the Cause and NK Singh. Since SC after it had appointed the selection committee was then it has been a struggle new DGP, pending “regular scheduled to meet on July to get the Court’s directions arrangement.” The SC 19, 2018, the Bench fixed implemented. On July 3, declined to interfere as the the matter for further hearing 2018, responding to an state had indicated how the on July 24, 2018, without interlocutory application acting DGP’s appointment passing any orders. On July filed by the MHA regarding was an interim measure. The 24, 2018, the Attorney the appointment of acting Court also directed UPSC General (AG) submitted Director General of Police to take a decision thereafter an affidavit stating that a (DGP) in the states, the within four weeks. The meeting of the selection Supreme Court gave a slew matter is required to be listed committee was held but of directions to ensure that after six weeks but could not the names for the search there were no distortions in be taken up. committee were not finalized such appointments. It laid and therefore another down that the states shall 4. Contempt Petition on Non- meeting would be held soon. send their proposals to the Appointment of Lokpal: The Expressing dissatisfaction UPSC three months prior Common Cause petition for over the Centre’s response, to the retirement of the the appointment of Lokpal the Bench directed it to incumbent DGP. The UPSC was disposed in April 2017 file a fresh affidavit giving shall then prepare a panel of with the court maintaining relevant details of the search three officers so that the state that the Lokpal Act was a committee within four can appoint one of them as perfectly workable piece weeks. The matter was listed DGP. To curb the practice of of legislation. However, on August 24, 2018 but appointing Acting DGPs by the government failed to could not be taken up. the states, the Court directed appoint the Lokpal nine that the UPSC should ideally months after the Apex Court 5. News Broadcast by Private empanel officers who have at verdict. Common Cause Radio Stations: The PIL least two years of service left, filed a contempt petition prays for the quashing of giving due weightage to merit seeking directions against the unreasonable provisions and seniority. It also held that govt’s wilful and deliberate in the policy guidelines of any legislation/rule framed failure to fully comply with the Ministry of I& B as well by the states or the central the judgment. The matter as its grant of permission government running counter was taken up on February agreements. These provisions
COMMON CAUSE | Vol. XXXVII No. 4 October-December, 2018 | 43 prohibit the broadcast of for clarification of issues as an Oversight Authority news and current affairs on arising out of the judgment. to consider the effective FM and community radio The Court vide order functioning of the Special stations. The government 13.12. 2017 stated that in Purpose Vehicle (SPV). sought more time to file its case of non-payment of The Court pronounced reply in March 2017. The compensation and dues, its judgment on the IA/ matter was taken up on the state of Odisha shall objections on 12.11. 2018 January 18, 2018, when close the mining operations holding SMPL guilty of illegal the Court directed that the of the erring lease holder. mining in Odisha. It held replies be filed and the case The Central Empowered that since the environmental be listed after 15 days. In Committee (CEC) formed clearance granted to it the meantime, an official by the SC, consisting of could not be applied directive was circulated by Justices GS Singhvi and retrospectively, any mining the Centre on January 17, Anil R Dave, was asked to done prior to environmental 2018, asking all states and ascertain whether there clearance as well as activities UTs to constitute committees had been any violation of in excess of the terms of the to monitor violation of Section 6 of the Mines and lease would attract penalty. rules by private-satellite Minerals (Development The Court also said that TV, FM and community and Regulation) Act, 1957 Sarda Mines was granted radio channels. The matter and violation of Rule 37 permission to only extract was dismissed on April of the Mineral Concession mineral iron ore and not iron 12, 2018, by the Bench Rules, 1960. The CEC report ore lump, which is a by- of Justices Arun Mishra (4/2018) calculated the total product of iron ore mining. and UU Lalit by default, compensation amount for The Apex Court asked the owing to non-appearance environmental and forest CEC to quantify the penalty of the petitioners. The clearances as Rs 19174.38 to be imposed on SMPL from Court restored the case crore due from 131 mining September 22, 2004, within after Common Cause filed lease holders, of which Rs six weeks. a restoration application. 8289.87 crore had been paid 7. Combating the There are no further orders by various lessees. During the Criminalisation of Politics: of listing. hearing on January 30, 2018, the SC directed the state On September 25, 2018, 6. Illegal Mining in Odisha: of Odisha to take coercive the Constitution Bench There has been much steps to recover the unpaid declined to ban politicians progress since the final dues from defaulting lease with criminal cases from judgment on August 2, holders. Arguments in the contesting elections, holding 2017 when the Court interlocutory applications that it cannot interfere in imposed 100 per cent and objections to the the legislative domain. penalty on companies CEC Report (4/2018) filed The Court disposed of our indulging in illegal mining – by Sarda Mines, Rungta petition (filed jointly with the mining without forest and Group and Essel mining & Public Interest Foundation) environmental clearances, Ind. Ltd. was listed several and referred the matter to mining outside lease/ times in October 2018 Parliament, requesting it permitted area and mining and the matter concluded. to enact appropriate laws. in excess of permissions. In On October 26, 2018, the The Bench prescribed the September 2017, Common Court appointed Justice A.K. following directions to the Cause filed an application Patnaik, retired SC Judge Election Commission (EC).
44 | October-December, 2018 COMMON CAUSE | Vol. XXXVII No. 4 The form filled up by each document photocopying, for Union of India (UOI) may candidate for EC must state in individuals keen to access be directed to not make bold letters details of criminal information under the RTI any appointments which cases pending; the candidate Act. This order, applicable required the participation of must also inform the party to all govt authorities, either the CVC or VC, since about pending criminal cases addresses the concerns their own appointments against him/her. about excessive fees being have been challenged by The party must put up on its a deterrent to information it. On September 7, 2017, website information pertaining seekers. The Apex Court, in the Bench of Justices Arun to candidates with criminal its final order, capped the Mishra and Mohan M antecedents. The candidate fee at Rs 50, giving leeway to Shantanagoudar completed and the party must issue the high courts (HC) to deal its hearing and reserved the a declaration in widely- with exceptional situations judgment. Upholding the circulated local newspapers differently. It clarified that appointments, the petition about criminal antecedents of this capping would not was disposed on July 2, the candidate. exclude revision in future, if 2018 with the following They shall also give wide such a demand arises. The observations: “We are publicity in the electronic SC however, did not specify nowadays in the scenario media. The Bench emphasised situations under which fee that such complaints cannot this by stating “When we say revision could be allowed, be taken on face value. Even wide publicity, the same shall giving room to all HCs to against very honest persons, be done at least thrice during charge any amount as RTI allegations can be made. the campaign”. fees. Those days have gone when filing of the complaints was The Bench agreed on the issue 9. Challenging Appointments taken as serious aspersions raised by petitioners, claiming, of CVC and VC: Common on integrity. Ideally, there “A time has come that the Cause, along with a few should not be any serious Parliament must make law to renowned and concerned complaint as the filing of ensure that persons facing serious citizens, had filed a PIL same raises eyebrows. criminal cases do not enter into challenging the arbitrary As in the instant matter, the political stream”. However, it appointments of the Central complaints have been declined to pass directions to the Vigilance Commissioner and looked into and we decline EC as requested in the petition the VC. It was argued that to interfere. Resultantly, we as it felt that the judiciary lacked the appointments were made find no grounds to quash the this power. Thus, despite our in a non-transparent manner appointment of Respondent petition being disposed of, the and were, therefore, illegal No.2 as CVC and respondent situation remains unaltered till and void. They also violated No.3 as VC. Writ Petitions the Parliament decides to enact the principles of ‘impeccable are disposed of accordingly.” laws to prevent criminals from integrity’ and ‘institutional becoming legislators. integrity,’ as laid down in the 10. Petition seeking 8. Allahabad High Court RTI landmark SC judgments in cancellation of the entire Rules: In a landmark order Vineet Narain case (1998) allocation of coal blocks to on March 20, 2018, in a and Centre for Public private companies between Common Cause petition, Interest Litigation (CPIL) case 1993-2012 and a court the SC directed that the fee (2011). Common Cause monitored investigation: per application should not later filed an Intervention In the landmark coal block exceed Rs 50 and Rs 5 for Application praying that the case of Common Cause,
COMMON CAUSE | Vol. XXXVII No. 4 October-December, 2018 | 45 wherein the Court cancelled advance medical directive 2018, when the petitioners 214 of 218 allocations made and how, what should it were supposed to file a response in favour of private entities, contain, how should it be within three weeks to the status a court-monitored SIT was recorded and preserved, as report filed by the DRI. The constituted to probe the well as when and by whom DRI would be filing its response abuse of authority by the can it be given effect to. to the additional affidavit filed former CBI director, Ranjit There are even guidelines on by Common Cause within the Sinha. In the hearing on 15 procedures to be followed stipulated time. The report filed January 2018, CBI Special in the event of refusal of by the CBI was to be furnished Prosecutor told the Court permission by the medical to all the petitioners. The matter that it had made substantial board and revocation or has been delisted for December progress in its enquiry against inapplicability. The Bench 4, 2018. Ranjit Sinha, but the Court clearly specified that said pointed out that the progress class of persons without an National Green Tribunal in the investigation has been advance directive could not (NGT) slow. It was listed for hearing be alienated. In addition to Chardham Road-Widening on 5 March 2018, but could laying down the procedure Project: In response to a not be taken up. and safeguards for cases where advance directives Common Cause petition, the 11. Right to Living Will: exist, other protective National Green Tribunal (NGT) The Constitution Bench measures were prescribed has appointed a seven-member of Chief Justice Dipak too. committee to monitor violation Misra and Justices AK of road construction rules Sikri, AM Khanwilkar, DY Delhi High Court and to address environmental Chandrachud and Ashok SIT on Over Invoicing concerns in the Chardham Bhushan delivered its verdict Requested by CPIL, Common road construction project. The on March 9, 2018, on a Cause: Common Cause and petition was filed by Common 2005 PIL filed by Common Centre for Public Interest Cause under Section 14, 15 Cause. The apex court’s Litigation (CPIL) approached and 18 of the NGT Act, 2010. ruling is a confirmation of the the Delhi High Court seeking It pointed out that due to the fundamental right to die with a direction for a thorough widening of NH108 as part of dignity, as an integral part of investigation by a Special the Chardham Project, debris the right to live, under Article Investigation Team (SIT) into and muck were being dumped 21 of the Indian Constitution. the over-invoicing of imported directly into the Bhagirathi It held that a dignified- coal and equipment. The over- River. The requirement of life involves smoothening invoicing was carried out by conducting an Environmental the dying process for a various private power companies Impact Assessment (EIA) was terminally-ill patient or as detailed by Directorate of bypassed by dividing the 900 a person in persistent Revenue Intelligence (DRI) in km road project into stretches vegetative state (PVS), with several of its investigative reports. measuring less than 100 km little hope of recovery. In the last few years, major each. Warning of impending Holding passive euthanasia instances of such over-invoicing disasters, particularly during the and a living will legally have been unearthed by the monsoon months, the petition valid, the Bench laid down DRI involving several prominent stated that the indiscriminate guidelines on several issues. and influential companies with dumping of muck could wreak There are specific rules virtual impunity. The matter havoc and even alter the course on who could execute the was taken up on October 11, for the river.
46 | October-December, 2018 COMMON CAUSE | Vol. XXXVII No. 4 This petition was disposed of The Tribunal accepted Common Court on November 15 but on September 26, 2018, by Cause’ plea to set up an expert could not be taken up. the Bench comprising Justices committee. It directed that Goel, Jawad Rahim and S P the committee will comprise a Finance and Accounts Wangdi, which also cleared former judge of Uttarakhand (2017-18) the Chardham project. The High Court, representatives The Audit Report on the Annual NGT refused to interfere in the from leading research institutes Accounts of Common Cause scheme of widening the NH108, such as the Wadia Institute of for the year ending March 31, as the notification of August Himalayan Geology and others, 2018 has been received. The 22, 2013 granted exemption Secretary of Environment and Governing Council has accorded to national highways that are Forest Department, Uttarakhand, as well as the concerned District its approval on October 25, less than 100km long. The Magistrates. It was directed 2018. Briefly, the expenditure NGT chose to ignore that the that the committee be set up during the year was Rs 181.58 petition had been filed to expose within three weeks of the order, lakh against Rs 111.84 lakh this very government scheme. and that it should continue to recorded in the previous year. However, based on an annexure function till the completion of The income during the year filed by Common Cause showing the project. However, in the was Rs 163.58 lakh compared how EIAs are necessary in all above matter, the petitioners to Rs 96.09 lakh during 2016- road construction projects of in the tagged case, Citizens 17. Thus, there was a deficit of more than 5km on the hills for Green Doon, filed a Rs 18 lakh during the year as (G.B. Pant National Institute miscellaneous application in the against a deficit of Rs 15.75 lakh of Himalayan Environment Supreme Court and thereafter in the previous year. Overall, & Sustainable Development the above order of the NGT was the financial results have been report), the Tribunal held that stayed by the Supreme Court on satisfactory. a Rapid EIA is necessary in the October 22, 2018. The matter project. was listed before the Supreme
COMMON CAUSE | Vol. XXXVII No. 4 October-December, 2018 | 47 DONATE FOR A BETTER INDIA! DONATE FOR COMMON CAUSE! Common Cause is a non-profit organisation which makes democratic interventions for a better India. Established in 1980 by the legendary Mr. H D Shourie, Common Cause also works on judicial, police, electoral and administrative reforms, environment, human development and good governance. Its very first Public Interest Litigation benefitted millions of pensioners. Subsequent PILs transformed the way natural resources are allocated in India. Its landmark cases include those regarding criminalisation of politics; cancellation (and re-auction) of the arbitrary 2G telecom licences and captive coal block allocations; quashing of Section 66A of the IT Act; prohibiting misuse of public money through self- congratulatory advertisements by politicians in power, to name only a few. Our other prominent petitions pertain to imposing penalties on rampant illegal mining in Odisha, criminalisation of politics, the appointment of Lokpal and seeking human beings’ right to die with dignity through a ‘Living Will.’ The impact: Re-auctions leading to earning of several thousand crores, and counting. Even though that is a lot of money for a poor country, the earnings are a smaller gain when compared to the institutional integrity built in the process. From spectrum to coal to mines, today no government can ‘gift’ precious resources to cronies thanks to these two PILs. (For more details about cases, please visit www.commoncause.in) Common Cause runs mainly on donations and contributions from members and well-wishers. Your donations enable us to research and pursue more ideas for a better India. Common Cause believes that no donation is too small. Donations are exempt under Section 80-G of the Income Tax Act. Please send your cheques with your personal info at the address given below. You may also deposit directly into our bank account (details are given below) and send us an email at [email protected], providing information such as donor’s name, address and PAN number for issuance of donation receipt. Name: Common Cause, Bank: IndusInd Bank, Branch: Vasant Kunj, New Delhi S.B. Account No.: 100054373678, IFSC Code: INDB0000161 Address: Common Cause, Common Cause House, 5, Institutional Area, Nelson Mandela Marg, Vasant Kunj, New Delhi - 11 00 70 (Phone numbers: 011 26131313 and 45152796) COMMON CAUSE VISION An India where every citizen is respected and fairly treated MISSION To champion vital public causes OBJECTIVES To defend and fight for the rights and entitlements of all groups of citizens
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48 | October-December, 2018 COMMON CAUSE | Vol. XXXVII No. 4