Podcast

Anupam Chander on the Challenge of Regulating Free Speech Online

by Anirudh Burman and Anupam Chander
Published on February 15, 2024

EPISODE SUMMARY

In this episode of Interpreting India, Anupam Chander joins Anirudh Burman to explore the evolving landscape of online free speech. What is the best model for protecting free speech online? What are the benefits of the way online speech is regulated today? Are community guidelines for regulating online speech better than state regulations?

EPISODE NOTES

One of the guiding norms that has shaped the internet over the last few decades is that of online free speech. This norm is protected in many countries by exempting online platforms and intermediaries from liability for the user-generated content published on these platforms. For example, in India, Section 79 of the IT Act of 2000 protects intermediaries from such liability. However, over the last few years, these exemptions have been under scrutiny. Many have called for greater regulation of the practices of platforms such as Facebook, WhatsApp, Twitter, and Reddit. Some reasons for this are the problems related to disinformation, instances of incitement to violence through these platforms, and the censorship of free speech in some cases. To address such concerns, some legislation has been floated or enacted in jurisdictions such as the United States, India, and the European Union. 

How will these laws alter the digital economy and the norm of protecting free speech online? What are the risks associated with implementing such legislation? What should policymakers keep in mind as these developments pan out?