Journal of Political Science

nce
The Indian March,
1, January-Ma 2015, pp. 135-146 (ISSN NO. 0019-5510)
LXXVI,
No.
ol
rrERNET FREEDOM', SOCIAL MEDIA AND INDIAN DEMOCRACY:
PROSPECTS AND CHALLENGES

Nishant Kumar

The debate over "internet freedom' is at the centre of public discourse in India. This article tries to ague
thal the main problem relates to the failure of the society at large in recognizing the capacity of internet to
shane the political and social life in a revoutionary way. The article also argues that an attempt to limit the
wderstanding of internet freedom to the issue of law is a serious reductionism and it fails to recognize the
wY 'digilal divide'in society denies opportunities to a large section to 'exercse'this freedom. Therfore,
it is believed that any discourse on freedom especially in a developing country like India cannot evade the
and accessibility.
questions of availability, afordability

Introduction become very prominent in recent times. But I

believe that in many societies like India where
In December 2011, Aseem Trivedi, a the technological revolution initiated by the
cartoonist, was informed that his website internet is arecent phenomenon and still remains
cartoonagainstcorruption.com was blocked limited to certain demographical constituencies,
by his domain registrar on a complaint from the issue of internet govemance should not
Mumbai police for displaying objectionable overshadow the need for larger debates about
pictures and texts related to flag and emblem of availability, accessibility, and affordability. In
India. Aseem uploaded his cartoons to a separate fact the situation in such societies is even more
blog. Later, in September 2012, he was arrested challenging as they lack choices and need to
on charges of 'sedition'. On November 19, 2012 concentrate simultaneously on all these aspects.
wo girls were arrested from Mumbai suburb.
One of them, Shaheen Dhada, in her facebook In the first section, I try to explain how
comment had questioned the 'voluntary' bandh intemet and social media carry a lot of prospects
(strike) imposed in Mumbai following Bal and promises for democratic systems like India.
Thackeray's death. The other girl Renu simply Through its capacity to simultaneously develop
bit the like' button on this comment. Though in horizontal' and 'vertical' networks, it helps in
both these cases the individuals were released, 'informed' and "engaging' public
it raised several larger
creating an
questions about the which is very vital for vibrant democracies. In
prospects of 'internet freedom' in India. the second part I discuss the challenges that lay
ahead for the Indian society, as it tries to come
Rebecca Mackinnon in her book Consent of in terms with the communication revolution
the Governed says, "It is time to
stop debating initiated by the introduction of internet. Along
whether the internet is an effective tool for
with the huge 'digital divide' within the Indian
political expression, and to move on to the much
more
society, there are also questions of security from
urgent question of how
digital technology internal and external threats. The role of state
can be
structured, governed, and used to becomes seminal in this context. It needs to
maximize the good it can do in the
world, and develop multiple strategies which can cater to
minimize the evil"' At one level she
coTect. The issues of
might be the needs of both 'promotive' and "protective
internet governance have functions. Legislations form an important part

Mr. Nishant Kumar, Ph. D candidate, King s College London, United Kingdom.
 The Indian Journal of Political Science

of such strategy. So the next section deals with it is imperative that the
picture that Hah
legal legislations in India and how the inherent tried to draw, based on his analysis of
deficiencies allow its misuse. The role of 1
century European societies, needs to be red
internet companies and internet providers is also One of the important transformations that
discussed to understand the whole dynamics of this redefinition necessary is the
regulation and how it functions in cyberspace. within the form and modes of
develon
The last section is used to argue that there communic
The role of internet in general and
is the need for 'a stronger multi-stakeholder in
social m
particular has been pertinent in
inf
framework" for internet governance. However, this transition. Some have called it
it is also maintained that
the
theissue of internet
freedom should not be reduced to that of internet
transformation of the public
sphere'.
governance and so we need to look for alternative As the oral culture
definition beyond the dominant discourses.
was
replaced
print, it is being now replaced by elect
communication." New forms of s0
Social media and its value in democratic interaction based electronic devices
on
societies replacing older types of social relations
in order to understand the
The role of social media in revolutionary possibility of
alternative public sphere, we need to mo
wave of demonstrations, protests and
beyond the Habermasian dream
of an integae
movements that began in December 2010 in singular public sphere as an 'ideal', and le
the Arab world, popularly called the 'Arab for multiple spåces for participation which
Spring' has completely changed perception
the reflect multiple and plural forms of situafy
about its value in politics and society. Though one's self. Social media is based on participatia
social media began to exhibit this potentiality in cyberspace (which is virtual and not physi
from its early days as reflected in its role in the and there are all the
Zapatista movement of Mexico (1994) and the possibilities that
discourse may involve views which might
fall of Suharto's regime in Indonesia (1998),
the recent events have strongly established it as
exactly fall under Habermas's ideal
criteria. It is this possibility for an altemat
spee
a significant medium for social transformation. mode of communication and social interactia
This potential of the social media confers it with that challenges the relevance of traditio
a special role within democracies. Its capacity definitions of public sphere. This claim does i
of developing simultaneously both horizontal appear only due to the fact that such altematiw
(among citizens) and vertical (befween citizen actually exists, but more because it has t
and the state) networks is an extraordinary capacity to generate 'public opinion, andi
asset. These networks, if utilized sensibly, can is 'public opinion' which emerges out of sud
prove seminal in the success of democracy and deliberations and not the form of 'public spher
in order to contemplate the role that internet in itself that is significant for democracy. T
general and social media in particular can play, public sphere of social media is not dependen
we need to understand this unique capacity of upon physical space where individuals coa
it. Habermas's concept of 'public sphere' can be come and interact and thereby may not fall und
relevant in making sense about its contribution.2 Habermas's criteria. If at all, it comes closer
Charles Taylor's description of 'metatopia
Though one can question the relevance and space which emphasizes on the way the
application of"public sphere'in modem societies, social interactions create a kind of soc
the importance of the concept itself cannot be imaginary which is beyond strict guidance d
ignored, both empirically and nornmatively. space-time regulations.
Within the changing contours of social realities
 ireedom, Social Media and Indian democracy
Also, though this altermative public sphere
s not in itself based on the deliberationsin
physical space,
it can
make possible such
the
be p Amobilization wher
meetings mobilizationwhere private people
wih poblic concern
can come together and
it not be possible to
share ideas. Although may
suddenly: mobilize historically apolitical social
crta. by giving an open plattormm or receiving
information and communicating opinion, it
makesa marked difference. It can definitely act
to face-to-
asa supplement, if not replacement
a
face deliberation. In short, what the process of
social interaction over this new form of media
initiates is the creation ofa new kind of 'public'
an "informed' and "engaging' public.
As Wellman has argued, there has been a
shift from group based to network based society
which is developing community and geographic
propinquity. Internet, based on its plurality,
provides for communicative space for all kinds
of interests, including deliberation over politics
and policies. These discussions are open and
inclusive. It helps in increasing political voices,
especially of those who either because of fear
or otherwise, could never become a part of
the public sphere that Habermas imagined. It
also gives voice to those citizens who started
to fel disengaged and disturbed (the sense of
powerlessness and helplessness) with the way
our political systems functioned. At the least,
the availability of the vast range of information
in affordable and convenient form and the scope
to share it and engage in discussions helps to
create an "informed public' which is morally and
functionally vital for a vibrant democracy.
This does not mean that this space is free
from any shortcomings. It is explicit tha even
in the most enlightened sections, democratic
deliberation overshadowed by consumerism,
entertainment, non-political networking and chat,
and so forth. The communicative heterogeneity
of internet also allows for fragmentary and
divisive politics. Often tolerance for opposing
VIew also seems wanting. Further, the possibility
137
for secrecy of
difficult to fix
identity 'anonymity' makes it
or
accountabilities. All these are
accepted limitations
One should
even in an
intermet
age.
understand that technology does
not transform the basic human
nature. So the
possibility of a "bad civil society' and its
to create discourse in counter attempt
public
may not be denied." However, this can in spheres
no wav
undermine the benefits that incur from social
media. It is here that the role of state
and its
regulatory mechanism becomes important.
Beyond this capacity to create horizontal
networks and thereby influence
democracy,
the
internet also creates vertical network between
the political class and the citizens. Either
in the form of websites of state institutions
declaring the policies and accounts as a mark
for transparency, or, political parties and leaders
reaching to masses through social media, there
is a virtual rat race to adopt and use the new
technology. Contrarily, there is also a view that
internet has not made much of a difference in
the ideological political landscape, it has not
helped mobilize non-netizens to participate, nor
has it altered the way politics gets done. But this
understanding looks at politics in a traditional,
institutionalized and formal way. 'Sense of
the public' created on the web may very well
convert into electoral votes which might decide
the future of a democracy. Also, its role in
generating new forms of social and political
movements cannot be ignored. It is true that the
number of internet users may not be a significant
sample to reflect the opinion of all citizens, but
to neglect it altogether may be a mistake that no
political organization may afford to commit.
Internet and social media may also have
some indirect advantage in democratic politics.
Using internet as a medium for campaigning
bears great fruits. It is cheap, time saving and
and
addresses wide audience (both national
elections was
international). The 2000 American
moderm
watershed in intermet's relation with
a
politics in this form. It is equally interesting
 The Indian Journal of Political Science
the way 'Pirate Parties*° (which started on
the issues of internet freedom) are gradually
becoming significant in European politics.
Though this may not be the situation in
India at present, one cannot deny that internet
and social media has entered the discourse and
is significantly impacting it. Internet in India
was a late entrant and owing to the large level
of illiteracy and unequal division of resources, it
for a large period, remained a tool in the hands
of elites. But things have started to change. This
move is visible in the way social media helped
mobilize the supporters for anti-cormuption
movement led by Anna Hazare, a scene
unparallel in Indian history. The recent protests
all over India and beyond, against the rape case
in Delhi, were also largely mobilized through
social networking. The number of real users (as
compared to the total population) is still very
low and the penetration rate is also slow but as
it is becoming popular, it has started changing
lives. Though it has a significant presence among
the middle class, it will be an exaggeration to
claim it as a game changer in Indian politics as
of now. There is definitely a need to change the
perception of the people who even today view
it in isolation to democracy and are not ready to
realize its power to create altermative politics.
Internet and the Indian society: The
challenges
But this transformation is not without
problems. UNESCO highlights two main
challenges posed by the information revolution-
bridging the digital divide and guaranteeing
the future of freedom of expression. It
believes, that the global information society is
meaningful only if it favours the development
of 'knowledge societies' and sets itself the
goal
of tending towards humandevelopment based
on human rights. Knowledge societies are
about 'capabilities to identify, produce,
process,
transform, disseminate and use information
to build and
apply knowledge for human
development.2 This concept of 'knowledge
society' has entered the development d i
in many developing countries, and Ind
than any other, has embraced this
promote widespread socio-economic prog
approe
The extraordinary gap
technological overdevelopment and
underdevelopment' and the way it
preve
equitable flow of benefits in the sociei
been a major cause of concern for deve
countries.3 The nature of challenges
technological transformation accom
depends on several variables including its
and geo-political context. In the Indian
it can be understood in tems of
intema
external challenges. The internal chal
can be seen as those related to
"digital d
and internal security'. Digital divide represe
inequality in terms of access to, use o
knowledge of information and communic
technologies (1CT). This inequality ma
between individuals, groups,
geograp
regions or any other level. In India this d
is multifaceted and explicitly visible in at
five forms: region, language, education,ge
and disability.
Region:-According to Internet and Mo
Association of India (IAMAI), 25%
India's population (266 million)liveinc
20%
of which approximately are
internet users (52 million). In conir
of the 75%population in rural areas
4.18 million are active users and h
even more disturbing is the fact that ot
the non users, 78% are not even awar
internet.
b) Language: as English has developed itei
the ex-officio language of the cyberspa
creates a big hurdle for those who are
users of English. Though new developme
have occurred in this respect recently
still much needs to be done. As repar
India has a English speaking populaba
125 million which is only 12.16% ol
 Media and Indian
dom', Social
rherthese are just English speakers
includes those who
as it
O users,
their third language). Out
hed it as
dbere are less than half a million
first language. So
OTecorded it asis their and has direct
mguage gap explicit
ussions on the number of intermet
Education: the in India
literacy rate
is
figures 74.04%
rding to 2011 census
buge variations between regions,
84.98% and
Te, in urban areas it is
areas it is 68.9%.
Education and
have a two way relatiónship. On
one band lack of education is a severe
pediment in accessing the multiple
sibilities that internet pronmises. On
other hand internet itself has avenues
educating people beyond the formal
ucture. The concept of e-schools can be
model in this regard.
Gender: it is not surprising that like other
countries the literacy gap between male and
emale in India is huge. Out of the national
avernge of 74.04%, literacy rate among
leis 82.14% as compared to female who
at65.46% (as of January 7, 2013, the
Covemment of India listed on its website
atp://www.censusindia.gov.in/2011-prov- violence" recently is an explicit example of
Tesalits/indiaatglance.html). Other than this,
it. In such cases internet became a tool for
thepatriarchal structure of society prevents
CeSS of internet to women (especially in
nral areas). These discriminations result
inwomen lagging behind in the use of new
technologies.
Disability: this is an impediment about
which gonerally there is not a lot of buzz
but definitely adds to the digital divide and
responsibility for any policy made in
this regard to address this issue. People
with disability encounter a whole series
ditñculties, whether economic, cultural
Pychological, that helps to deepen the
democracy
139
divide It is not only the physical disability
to use computers, but also the issue about
availability and access to its benefits.
Broadly in most of these cases the questions
of affordability and lack of resources are
central. This deficit may either be in the field
of infrastructure, technical knowledge and
training, or the very freedom to access. There
also exists a 'digital divide' among internet
users based on the inequalities in access to the
internet, extent of use, knowledge of search
strategies, quality of technical connections and
social support, ability to evaluate the quality
of information, and diversity of use. This issue
of digital divide' seriously undermines the
traditional understanding of "internet freedom'
This understanding of freedom is meaningless
if it fails to build capabilities and benefit all in
society.
Along with the 'digital divide' the internet
brings forth the challenge of 'internal security
which may be put to test by its misuse. The
multicultural Indian society, unlike its western
counterparts, sits on a thin line between
tolerance and violence. The very nature of the
society requires the state to behave in a sensitive
way on issues which have the potential to emit
communal frenzy. The aftermath of the Assam
troublemakers. Things become really difficult
when it is not just freedom of speech and
expression that is at stake, but lives as well. The
issues of liberty and national interest come in
direct conflict and pose a new kind of challenge
for the state to intervene and yet to try and create
a balance. Evgeny Morozov (2011) in his work,
The Net Delusion: The Dark Side of Internet
Freedom condemned the cyber-utopianism'
and internet-centric' world views. Cyber-
utopianism, he argued, is dangerous because it
fails to recognize that the internet "penetrates
and shapes all walls of political life, not just the
ones conducive to democratization".8 Internet
 Political Science 1
The Indian Journal of
under criticism have been the attempts to restrig
empowers dictators, demagogues, and terrorists
democrats. How the internet freedom in order to silence politica
as much as it empowers
and how it is used, dissent. Though one might agree that the socia
intemet interacts with politics
from country realities of India is different and the laws shou
for good or for ill, vary drastically
to country.
reflect its own needs, but, it may t not give
liberty to reject or downplay the
very philosophy
The threats however are not only intermal. upon which the development and the future of
revelations of cyber espionage and internet depends- the freedom of speech and
Recent
thrust China into a expression.
patriotic hacking have
and global powers,
tense rivalry with regional
such as India and the USA. After the news of Legal legislations and the scope for *interne
Indian national security freedom' in India
major breaches of
establishment, the Indian government stepped up initiated by the
The transformation
its cyber-warfare and exploitation capabilities. developments in the communication technology
about legislations
There were even discussions
that would have legalized patriotic hacking
in has fundamentally altered the way one
could
to be
think about human freedom. As Mackinnon
India in response to what was perceived holds, "Human freedom increasingly depends
activities in
tolerance and exploitation of such on who controls what we know and therefore
measures to
China. Indian govenment also took how we understand our world. It depends upon
China.
restrict imports of high technology from what information we are able to create and
Similar of breach and spread of rumours
cases
centre in
disseminate: what we can share, how we can
and misinformation with its originating share it; and with whom we can share it. It also
Pakistan were also reported. The use of internet
depends on the extent to which we have any
and mobile technologies to coordinate the 2008
been control- or any say in- how our own information
Mumbai terrorist attacks has already is shared with other people, private companies
proven. and governments". All governments are
todefend
So, the challenges before the state are learning quickly how to use technology
their interests. They are driven by the need to
multifaceted. There should be multidimensional
control opposition, protect and
dissent and
strategy to address the issues in hand. The and territorial control,
need to be both 'promotive and promote national identity
policies to the growing pressures
to overcome the 'digital or simply respond
prevenuve-promotive to regulate cyberspace for copyright control,
divide' in order to ensure that every citizen anti-terrorism measures."
becomes capable to share the benefits of the child protection, or
the rights
Sometimes such control transgress
developments in IT, and preventive to overcome these
the threats of internal and external security. and liberties of individuals. Naturally
counter-
assertions of state power are generating
movements and resistance
from individuals,
To determine successful strategy for
civil society groups, and other states,
which in
Security threats is not an easy task. The question contestations.
of internet freedom would become central and turn create conditions for multiple

the foremost challenge would be to balance and

It is not that the internet has traditionally
decrease contradictions as far as possible. This
been less regulated than other systems o
would require transparency in the law making
involved. communication, but that it was regulated by
process and all the stakeholders being
The failure to do so has exposed the Indian state
different agencies in a different manner."

to severe criticisms in the recent times. Also As citizens became more conscious of these
regulations, govermment had to come up with
it INETHREH
 The Indian Journal of
Political Science
14
(Amendment) Act of 2008 empowered the state hours of notification.
todirect any ICT service to block, Meanwhile, the rules d
monitor or decrypt any information intercept, provide
not an avenue for content
through to be informed of the removal for toproducen
any computer resource. The act also contes
requires the decision. These legislations, especially
companies to have a designated point of
contact for
through section 79 create undue pressure upon
content-blocking, removal, and data intermediaries to follow the wishes of th
requests. Company officials who fail to comply
with government officials thereby
increasing the
government requests
can face fines and up scope for censorship. The case becomes
because "if our communications and wone
to seven years in jail.
information are manipulated in ways we are to
access
Section 79 of the law is about the not
of
liability aware of, and if these
companies' relationshi
intermediary being exempted, if, the with government are
intermediary observes due diligence while understand how opaque, our ability to
discharging his duties under this act and also power is being exercised ove
us, and our ability to hold that
observes such other guidelines as the central power to account,
will be eroded in a more subtle
government may prescribe in this behalf (Section manner than ever and insidious
79 (2)). However, they can be
charged if 'upon imagined"2
receiving actual knowledge, or on being notified
Such legislations have huge
by the appropriate government or its agency that
any information, data
In way it opens the pandora's box and
a repercussiona
is
or communication link often misused by the state
residing in or connected to a computer resource machinery to create
pressure on the intermediaries and the
companies to remove materials that itinternet
controlled by the intermediary is being used to
commit the unlawful act, the deems
intermediary fails to be
'offensive', 'indecent' or any such which
to expeditiously remove or disable access to that actually is none of these but posts and comments
material on that resource without
vititiating the
evidence in any manner' (Section 79
that are criticisms of the
government itself. In
[3(6)]). short these legislations are used
tools to silence pressure
as

In April 2011, the

government instituted
or remove
dissenting voices. In
the Information Technology 2007, government reached with an
(Intermediary with Orkut to track down agreement
Guidelines) Rules, which require intermediaries- defamatory
It is popularly called the Tell posts
including search engines and social networking All In
sites- to remove content
within 36 hours if
December, 2011 there were reportsPact' that the
an individual government was having meetings with social
complains that it is offensive. media sites and internet
The list of
potentially offensive content is the possibilities to
companies to look into
both wide ranging and pre-screen user content from
vague. It includes India and to remove offensible items before
information that is 'disparaging, it
"harmful', goes online. There were also reports of
blasphemous', pornographic, "encourages being asked to remove 358 items of which
Google
gambling', "infringes proprietary rights', or around 255 were criticisms
threatens the unity, integrity, defence, s2curity criticism of governmem
as per
or
sovereignty of India, friendly relations with Google Transparency Report.24 There
foreign states or public order. Under the 2008 IT may be cases of similar
pressure on others
to
remove content, without
Act, intermediaries in India are public knowledge
prosecution for content posted byprotected
from These situations reflect
third parties
a) Such
paradox at two levels
(section 79 [2(¢)]), but according to the pressure tactics are widely used by
rules, they risk losing such 2011 democratic governments to regulate and bloc
immunity if they its
do not remove the
offensive content within 36 of criticisms, an important aspect of freedom
expression which it is expected to protec,
 Tnternet freedom', Social Media and
Indian democracy
143
and b) The internet companies more than often
agree to remove or block such contents without
or understand. Most of the social
sites have their own rules and networking
consulting or even informing the author, thereby There are terms and conditions that
laws in place.
breaching a moral contract of faith which one needds
the to agree to before
user bestows upon it unmindfully.
But how many do
becoming active member.
an

actually study the terms and

Regulations and the question of internet conditions or go through the
understand it before clicking "I
complex rules and
freedom
these rules are agree ? Further,
imposed by a set of managers
There is also
the 'regulation versus sitting in their offices and are not accountable to
control' debate, which is the users in any
prominently present way. Also, the rules they create
in the Indian discourse. On the one hand most may not be culturally sensitive to the
is used in. For society it
of the participants are convinced that neither example, policy of a company
a
the libertarian nor the authoritarian model can promote extreme freedom of expression may
be counter effective in a volatile
operate in the vastly complex Indian society, society as any
though on the other hand there is yet no consensus small misuse may result in
grave repercussions.
about how much freedom is to0 much freedom. So, can one have faith on these
companies to act
The line between regulation and control is
very
as
regulators? Often they are seen as partners
blurred. No one might have problems with with the government to
protect their businesses.
The threat becomes more imminent in a
legislations involving restrictions to prevent society
misuse of irternet as a threat to national security like India which offers them
huge potential for
or communal harnmony but when the business and a large part of the territory still
same
legislations are used to curb the fundamental remains unclaimed. One way to counter these
rights of citizens, it ought to raise questions. The attempts may be through 'net neutrality law'
difference between internet freedom and internet which ensures that the ISPs don't discriminate
tyranny, it has to be remembered, is not whether and allow free flow of all views. It includes
the internet should be governed; instead it is a information to the user about any variance
question ofhow the internet should be involved. In absence of a net neutrality law, an
govermed. alliance between companies and
governments
One of the central may be much easier to implement and much less
concerns related to
the issue of regulation is that due to lack of publicly visible, let alone accountable.
knowledge, a common. citizen does not even
In democracies, it follows that citizens must
recognize who these regulators are and how
such regulations occur. So, the guard against violation of their digital rights by
is
government and governments corporations- or both acting
posed as a natural opponent instruggle
the
in concert-
for internet freedom. In The regardless of whether the company
Googlization of involved is censoring and discriminating on its
Everything, Siva Vaidhyanathan (2011) warned own initiative or acting under pressure from
that Google in
particular, represents a new authorities. An internet that is compatible with
ideology that he calls 'techno-fundamentalism' and conducive to democracy should be governed
which encourages
in
a
dangerously
"blind faith in publicly accountable ways that reflect the
technology' on the part of people who use will and respect the rights of the governed.
Google services.2" Such faith, he argues, also This approach will require an equitable balance
blinds us to what
companies might be doing of power between government, corporations,
ditferently, how their internal decisions affect our and citizens in the process of decision
ives in
ways we have never thought about, and making.
whether our excitement with new technologies Incidentally the whole discourse on internet
lulls us into freedom in India in recent days has revolved
accepting risks that we do not see
The Indian Journal of Political Science

round the issues of section 66 (A) and section
79, without recognizing that there is much more
both within the legislations and beyond it that
needs to be reconsidered. It is time to look at
the question of internet freedom from a holistic
approach and beyond the already available
binaries.
In lieu of Conclusion
than political freedom from oppression an
interference from government and the corpora
it should also include the issues of availability
affordability, access, and an environment wher
this freedom can be enjoyed by all citizens. Onl
then the potential and promises that the n e
technological revolution (in the form of inteme
and social media) has for democracies like Inda
can actually be realized.

A rethinking over internet freedom should References:

of the fact that India is
begin with recognition 1.
transition. This requires first
still in a phase of
mindset and acceptance
of all, a change in the
of internet as a social fact. The issue of 'internet 2.
freedom' should not be seen n isolation, but
claims of freedom of
engraved with the larger
As India progresses
speech and expression. with the
towards the path of knowledge society' 3.
number of informed
creation of an increasing
the chances of
and critically thinking citizens,
will further
dissent and criticism of government
internet is gaining popularity 4.
aggravate. Further,
institutions
at a time when other representative
are losing popularity (which includes both 5.
rather than
political and civil institutions). So,
is to prepare
the need 6.
hunting at nonconformists,
it
for harder times to come. One way of doing
the
is through legislations which involves all
stakebolderS-government, corporations (internet
Mackinnon, R. (2012), Consent of the Nctworked
The Worldhvide struggle for Internet Freedom. Basi
Books, New York, p. xx
Habermas, J. (i992), The Structural Transformationo
the Public Sphere: An inquiry into a category of Bour
geois Society, Translated by, Thomas Burger, Polit,
Cambridge.
Dahlgren, P. (2005), The Internet, Public Spher
and Political Communication: Dispersion and
Deliberation' Political Communication, Vol. 22 (
Pp. 147-162.
Poster, M. (1990), The mode of Information, Poli,
Cambridge.
Poster M (1985), Foucault, Marxism and History
Polity Cambridge, p. I168.
Taylor views public sphere as a common space a
which the members of society are deemed to med
electronic, and also
through a variety of media: print,
Sace-to-face encounters; to
discuss matters ofcommon
interest: thus to be able to form
a common mind about

and to shared, non-loca

companies, ISPs and other intemediaries) these. Metatopical-space refers
'

of the social imaginaries or common space ofunderstanding

the civil society (representing the views according to Charle
citizens). There should be proper channel for
a Thefact that the public sphere, that it not only knis
Taylor, is metatopical implies
checks and balances for each of the stakeholders into one larger space
"together aplurality ofspace over time (2003,
in the laws. Further, the laws must reflect explicit non-assembly but it is also
" extended
Ar
in order to avoid confusions and decrease (2005), Philosophical
sense 83-99). Se, Charles Taylor MA,
in Press, Cambridge,
misinterpretations. Care must also be taken guments, Harvard University
PP. 83-99.
Above all,
proper implementation of the law.
the philosophy of freedom should be prioritized and Cyber Place: The
7. Wellman, B. (2000), Physical Jour
Individualism' International
devised Rise of Networked
over control; and limitations should be nalfor Urban and Regional Research,
Vol. 25 (2). pp.
in such a way that it respects the
boundaries of
227-252.
'reasonable restrictions' (as mentioned in article 'Bad Civil Soc*
8. Chambers, S, and J. Kopstein (2001),
19[2] of the constitution). 837-865.
ety'Political Theory, Vol. 29 (6). pp.
in the Digital Ag
At a larger level, we need to look at
the Wilhelm, A. G (2000), Democracy
9.
constraints Routledge, London.
ISSue of internet freedom beyond the
of law (or as freedom). Other
negative
Afetrret freedom', Social Media and Indian democracy
145
were started around
the issues
10. These political parties being Muslims. It was followed by
and Jreedom of the internet but now threatening mes-
of transparency sages containing images of mutilated bodies began
atended it to include related to issues such as
have ppearing on Indian cell phonvs, Facebook pages, and
privary and civil righis. Ihese parties are gaining fast Twitter accounts. The images and
popularity in countries like Germany; Austria, Ccech warmed that Indian Mulims accomparying lexts
others. Iis perfomance in Swedish elec.
were
planning to atack
Repwblic, and non-Muslims from India's northeast region as retalia-
tions of2006 was particularly
significant. tion to the deaths of Muslims in Assam. This created a
Tnternet and Democracyin India: situation ofupmost chaos and fear among the migrated
11 Dggal, P (2003), northeast population.
(ed.) Rhetoric and Re
A Report in Indrajil Banerjee
ality: The Interne! Challenge for Democracy Asia
in 18. Morozov E. (2011), The Net Delusion: The Dark Side
Times Media Academic Publishing, Singapore, pp. 61- of Internet Freedom, Public Affairs, New York.
98. 19. Mackinnon, R., ibid, p. ruii.
12 UNESco, Towards Knowledge
Societies, available
a URL: http://une sdoc.unesco.org/images 0014/
20. Deibert, R., J. Palfrey. R Rohozinski, and J. Zittroin
00141843.pdf, 2005 (accessed on 31 November (ed), ibid., p. 30.
2012). p. 27. 21. Sandwig. C. and S. Verhulst (2004), Trternet
and Pub-
13. Castell, M (1998), End of Milennium, Vol. II of lic Policy in Comparative Perspective' in Helen Nis-
The Information Age: Economy, Society and Culture, senbaum and Monroe E. Prince (ed) Academy and the
Blackwell, Cambridge, Oxford, p. 359. Internet, Peter Lang. New York

14. Deibern, R, J. Palfrey, R. Rohozinski, and J. Zittroin 22. Mackinnon, R, ibid, p. 6.

(ed) (2012). Access Contested: Securid, ldentity
and Resistance in Asian Cyberspace, MIT Press,
Cambridge. p. 300.
15 The Times of India, 14 March, 2010.
16. UNESCO, ibid., p. 30.
17. The Assam violence, which is rooted in a decades-long
dispute over land, ethnicity, jobs, and political power
claimed several lives and caused over 300,000 people
toflee their homes since July, 2012, most ofthe victims
23. The Economic Times, 1 May, 2007.
24. The Times of India, 07 December, 2011. This actually
came to light because Google is a part of the Global
Nework Initiative (GND. in which only three internet
companies- Google, Yaho0o, and Microsoft are regis
tered by now.
25. Vaidhyanathan, Siva (2001). The Googlization of Ev
erything And why we should worry, University of
California Press, California

Law
Instit

LJgRARY
Un
SHO M