The Centre for Internet and Society
http://editors.cis-india.org
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Studying Internet in India (2016): Selected Abstracts
http://editors.cis-india.org/raw/studying-internet-in-india-2016-selected-abstracts
<b>We received some great submissions and decided to select twelve abstracts, and not only ten as we planned earlier. Here are the abstracts.</b>
<p> </p>
<h3><strong>Abhimanyu Roy</strong></h3>
<p><strong><em>The Curious Incidents on Matrimonial Websites in India</em></strong></p>
<p>What is love? Philosophers have argued over it, biologists have researched it and in the age of the internet, innovators have disrupted it. In the west, dating websites such as OKCupid and eHarmony use all manner of algorithms to find its users their optimal match. In India’s conservative society though, dating is fast-tracked or skipped altogether in favor of marriage. This gives rise to a plethora of matrimonial sites such as Jeevansathi.com and Shaadi.com. This is where things get tricky.</p>
<p>Matrimonial websites are different from other internet-enabled services. The gravity of the decision and the major impact that it has on the lives of users brings in pressure and a range of emotions that are not there on casual transactions such as an Uber ride or a foodpanda order. From outright fraud to online harassment newspaper back pages are filled with nightmare stories that begin on a matrimonial website. So much so, that in November of last year, the Indian government decided to set up a panel to regulate matrimonial sites in order to curb abuse. The essay will analyze India’s social stand on marriage, the role of matrimonial websites in modern day India, the problems this awkward amalgamation of the internet and love gives rise to and the steps authorities and matrimonial companies are taking to prevent these issues from occurring.</p>
<h3><strong>Anita Gurumurthy, Nandini Chami, and Deepti Bharthur</strong></h3>
<p><strong><em>Internet as Sutradhar: The Aesthetics and Politics of Digital Age Counter-power</em></strong></p>
<p>The open Internet is now a feeble, wannabe, digital age meme. The despots have grabbed it and capitalism has colonised it. But the network that engulfs its users is also a multi-headed organism; the predictables have to make peace with the unpredictables, both arising as they do with the unruly affordances of the network. The much celebrated public domain of open government data, usually meant for geeks and software gurus dedicated to the brave new 'codeful' future, has meant little for marginal subjects of India's development project. Data on government websites have been critiqued worldwide for often being too clunky to catalyse civic use or too obscure to pin down government efficacy. However, as an instrument of accountable governance, data in the public domain can help hold the line, fuelling vanguard action to foster democracy. Activists engaged in the right to food movement in India had reason to rejoice recently when the Supreme Court of India pulled up the central government for delay in release of funds under the MGNREGA scheme and violating the food security law. The series of actions leading to this victory enjoins deeper examination of the MGNREGS website, the design principles of the MIS that generates reports based on the data, and the truth claims that arose in the contingent context marking this struggle. <em>What were the ingredients of this happy irony; the deployment of the master's tools to disband the master's house? What aesthetics and principles made for a public data structure that allowed citizens to hack into state impunity? And what do such practices around the digital tell us about the performativity of the Internet - not as a grand, open, phenomenon for the network to access the multitude, but as the inane, local, Sutradhar (alchemist who produces the narrative), who allows truths to be told?</em></p>
<h3><strong>Aishwarya Panicker</strong></h3>
<p><strong><em>How Green is the Internet? The Good, the Bad and the Ugly</em></strong></p>
<p>Groceries at your doorstep, data on your fingertips, an Uber at the tap of a button and information overload- human negotiations with the internet have definitely changed drastically in the past few decades. Research in the area, too, has transformed to not just the supply of internet to the masses, but has evolved to include innovative and revolutionary ideas in terms of internet infrastructure and governance. With over 3.2 Billion internet users in the world, and over 400 million of these from India, this is no surprise.</p>
<p>However, while environmental sustainability remains at the forefront of many-a-government, there is little data / debate / analysis / examination of the environmental impact of the internet. This is true especially for India. In 2011, Joel Gombiner wrote an academic paper on the problem of the Internets carbon footprint, with a premise based on the lesser known fact that the ICT industry has been ‘responsible for two to four percent of the global greenhouse gas emissions’- an area that the Climate Group’s Smart 2020 report had focused on back in 2008 as well. Clearly this is a war on the environment that is yet to receive large-scale attention.</p>
<p>How can we move beyond particular fascinations with the internet and engage holistically with the internet? By moving towards a dimension of internet infrastructure studies, that has large policy and implementation benefits. This paper, then, will seek to elucidate four central issue areas: first, as the third highest country in terms of internet use, what is the current environmental impact of internet usage in India? Second, are there any regulatory provisions that give prescriptive measures to data centres and providers? Third, do any global standards
exist in this regard and finally, what future steps can be taken (by the government, civil society
and individuals) to address this?</p>
<h3><strong>Deepak Prince</strong></h3>
<p>One of the most important effects of increasing internet connectivity coupled with universal electronic display screens, multimedia digital objects and supple graphic interfaces, is the proliferation of systems of enunciation. The business letter, typewriter, electric telegraph and radio, each in its own time, transformed how humans make sense in different forms of writing. Some of these survive to this day (forms of address from letters, the abbreviations and ‘cablese’ from telegraph operators etc). Now, we find new spaces of networked sociality emerging at rapid speeds, and everyday, we forget many others that are now outdated, no longer ‘supported’ or desired. How does one study this supple flow of discourse? Deleuze and Guattari’s concept of tracing collective assemblages of enunciation (the structuring structures of discourse) and Gilbert Simondon’s Law of relaxation (where technical elements created by complex ensembles are released into a path of technological evolution where they may or may not crystallize the formation of new ensembles) are two philosophical notions that seek to address this problem. The anthropologist Ilana Gershon suggests that new social media platforms like Facebook have a detrimental effect on sociality because they impose a neo-liberal notion of personhood on its users, through the interface. I take this as my point of departure, and based on ethnographic fieldwork conducted at a new media marketing agency, I attempt to draw out how ‘posting’ is modulated on facebook, about how subjectivity is configured within the complex matrix comprising a constant flow of posts, the economy of ‘liking’, algorithmic sorting and affects that do not cross the threshold of the screen.</p>
<h3><strong>Maitrayee Mukerji</strong></h3>
<p>By some latest estimates, around 35% of the population access the Internet in India using multiple devices. As Indians browse, search, transact and interact online, one can observe the increasing intertwining of the Internet in their everyday lives. But, how much do we know about the influence and impact of the Internet on Indian and in India? Advances in big data technologies provide an exciting opportunity for social science researchers to study the Internet. So, trends can be detected, opinions and sentiments can be calibrated, social networks can be discovered by using technologies for collecting and mining data on people online. But are social science researchers in India equipped enough to do a rigorous and detailed study of the India? Leaving aside debates on epistemology, ontology and methodology of researching Internet using big data analytics, the very first challenge is
limited access to data. A cursory scan of the available research would indicate that the data – tweets, trends, comments, memes etc. have generally been collected manually. The bulk of the data is collected by private companies and available either at a price or by writing programs to access them through APIs. The latter allows only limited extraction of data and more often than not has a learning curve. Access to raw data, through institutional repositories or special permission, if available is only to select few. Legal and ethical issues arise if one considers scrapping websites for data. The essay is an attempt to articulate the challenges in accessing data while making attempts to study the Internet using big data analytics.</p>
<h3><strong>Muhammed Afzal P</strong></h3>
<p><strong><em>Internet Memes as Effective Means of Social and Political Criticism</em></strong></p>
<p>By looking at the user-generated memes posted from the Malayalam Facebook pages “Troll Malayalam” and “International Chalu Union”, this essay argues that political memes function as effective means of social and political criticism in Kerala. In a society where conversations often tend to feature examples from popular films, memes from these pages use images from popular culture including television to respond to current affairs as well as contemporary social and political questions. Often described mistakenly as 'trolls' by the practitioners themselves, a major portion of the memes have a progressive content in terms of discussing questions related to religion, sexuality, nationalism, etc. It won’t be an exaggeration to state that many Malayalis see these memes as instant 'news analysis' of current affairs. The argument of this essay will be advanced through an analysis of the memes that were produced in relation to contemporary socio-political and cultural questions such as beef ban, the rise of right-wing politics in Kerala, the question of religious conservatism, etc. Through this the essay seeks to investigate how internet memes creatively contribute to social movements and also to see how critical questions in cultural criticism are translated into "the popular.'</p>
<h3><strong>Dr. Ravikant Kisana</strong></h3>
<p><strong><em>Archetyping the 'Launda' Humor on the Desi Internet</em></strong></p>
<p>Humor on the internet has proven a massive social unifying force for young, upper class Indian millennials. The humor is not just consumed via Western (mainly US) humor collectives such as 9GAG, Cracked, etc - the proliferation of 'Indian' humor pages on the Facebook and the countless YouTube comedy channels is testament to the localisation of this content. However, the humor which is seen as a unifying force is largely 'launda' aka. 'heteronormative-upper caste-male' in its sensibilities. Comedy collectives like TVF, with its popular channel 'Q-tiyapa' had to create a separate handle 'Girliyapa' to cater to feminist themes. The idea is that humor by default is male, and 'feminist humor' needs a separate space.</p>
<p>This essay seeks to study the 'launda'-cultural attributes of online Indian humor. It will seek to document and wean archetypes of comedy tropes which fit this mode. The area of the documentation will be YouTube comedy channels and Facebook humor pages—however, the same can be extended to Twitter handles and the suchlike.</p>
<h3><strong>Siddharth Rao and Kiran Kumar</strong></h3>
<p><strong><em>Chota Recharge and the Chota Internet</em></strong></p>
<p>Uniform and affordable Internet is emerging as one of the fundamental civil rights in developing countries. However in India, the connectivity is far from uniform across the regions, where the disparity is evident in the infrastructure, the cost of access and telecommunication services to provide Internet facilities among different economic classes. In spite of having a large mobile user base, the mobile Internet are still remarkably slower in some of the developing countries. Especially in India, it falls below 50% even in comparison with the performance of its developing counterparts!</p>
<p>This essay presents a study of connectivity and performance trends based on an exploratory analysis of mobile Internet measurement data from India. In order to assess the state of mobile networks and its readiness in adopting the different mobile standards (2G, 3G, and 4G) for commercial use, we discuss the spread, penetration, interoperability and the congestion trends.</p>
<p>Based on our analysis, we argue that the network operators have taken negligible measures to scale the mobile Internet. Affordable Internet is definitely for everyone. But, the affordability of the Internet in terms of cost
does not necessarily imply the rightful access to Internet services. Chota recharge is possibly leading us to chota (shrunken) Internet!</p>
<h3><strong>Smarika Kumar</strong></h3>
<p><strong><em>Why Mythologies are Crucial to Understand Governance on the Internet: The Case of Online Maps</em></strong></p>
<p>How does one study internet in India? This essay proposes to provide one possible answer to this question through its central argument that internet, like other technologies, is very much a part of a “mythological” or “fictional” narrative of the history of this country, and without an understanding of these mythologies, the development of internet governance in the country cannot be hoped to be understood. This central argument is traced in the essay through the debates and discussions on law and policymaking around online maps. The essay, in its first part, explores what a “mythological” account of the history of India might mean, and what role technological developments play in it. It does so by tracing the narrative of mapmaking in medieval India and its deep ties with magic, secrecy and mythical stories. It then surveys how modern mapping surveys in the colonial period interacted with the idea of the “native”, and argues that such interactions created a dichotomy between “native” sciences, folklore on the one hand, and colonial achievements, national security on the other. It argues that it is this latter strand of a certain “national security” vision of technology which found dominant voice in the regulation
of maps in India post-independence, yet the sense of the unknown, mystical, or “mythological” in such technological deployment as mapmaking requires, survived. The essay finally uses such evidence to trace how even in online
interactions, and internet governance design in India- this aspect of the mystical and the fear of it often sustains, driven by a (repressed?) memory of mythology, through the use of analogies. And it is within this twilight
zone, within this frontier between “mythology” and nation-building, that a governance design for online maps is being presently constructed in India. The essay then argues that it becomes crucial to understand such mythologies around technology generally and internet specifically and the manner they interact with law and policymaking in order to really get a sense of a 21st century India’s experience of the internet.</p>
<h3><strong>Sujeet George</strong></h3>
<p><strong><em>Understanding Reddit: The Indian Context</em></strong></p>
<p>Even as social networking sites like Facebook and Twitter seek to carve a niche within the Indian social media landscape, the presence and impact of news aggregator website reddit seems relatively unnoticed. Known for its excessive self-referentiality and inability to emerge from a restricted pool of informational flow, reddit nevertheless has come to be a major focal point of convergence of news and public opinion, especially in the United States. The web interface, which allows for users with overlapping interests to converge under a common platform namely the “subreddit,” allows the possibility of understanding questions of user taste and the directions in which information and user attention flow.</p>
<p>This paper seeks to offer a preliminary gesture towards understanding reddit’s usage and breadth in the Indian context. Through an analysis of the “India” subreddit and examining the manner and context in which information and ideas are shared, proposed, and debunked, the paper aspires to formulate a methodology for interrogating sites like reddit that offer the possibilities of social mediation, even as users maintain a limited amount of privacy. At the
same time, to what extent can such news aggregator sites direct the ways in which opinions and news flows change course as a true marker of information generation responding to user inputs.</p>
<h3><strong>Supratim Pal</strong></h3>
<p>India, being a multilingual country, owes a lot to the Internet for adding words to the vocabulary of everyday use in different languages.</p>
<p>This paper would critically examine how Net words like "selfie", "wall", "profile" and others have changed the way Indians write or talk. For example, a word like "nijaswi" was not there in Bengali language five years back but is used across several platforms as a translation of "selfie".</p>
<p>On one hand, computer-mediated communication (CMC) has helped us to express in short messages and on the other, we all have picked up use of punctuation marks like colon or a semicolon to express our emotion - which have got another name, "emoticons".</p>
<p>The paper would be more practical in approach than theoretical. For example, it would feature chat (another example of CMC) conversations 10 years ago when hardly an emoticon was used, and that of today's when we cannot think of a chat without a "smiley" or a "sticker". Even the linguist, David Crystal, probably could not have thought that in 15 years, the language (not just lingua franca, English) would change worldwide since he first tried to theorize Internet language in 2001.</p>
<p>Today, a linguist need not to have a proper publication to introduce a word in any language but Netizens can re-invent words like "troll" or "roast" to criticize one or "superlike" to celebrate an achievement or even "unfriend" someone to just relax.</p>
<h3><strong>Surfatial</strong></h3>
<p>Surfatial is a trans-local collective that operates through the internet. We use conversations to aid learning outside established structures. We are concerned with enabling disinhibition through the internet, for expressing
what may not be feasible in physical reality. What role does partial or complete anonymity play in this process of seeking “safe” zones of expression? Fake profiles on social media offer such zones, while perhaps also operating to propagate, mislead or troll.</p>
<p>Our essay would argue:</p>
<ol><li>That there is a desire to participate in speculative fora in the Indian cultural context and the internet has created space for philosophical questioning among contemporary Indian participants which can develop further, despite common assertions that online spaces are largely uncivil and abusive.</li>
<li>That anonymous and pseudonymous content production offers a method for exploring and expressing with a certain degree of freedom.</li>
<li>Spam-like methods used in sub-cultural outreach efforts on social media have proved effective in puncturing filter bubbles.</li></ol>
<p>Our essay would be drawn from experiments via Surfatial’s online engagement platforms (Surfatial’s Study groups and post_writer project) to examine:</p>
<ol><li>Extent of participation.</li>
<li>Disinhibition facilitation and dialoguing.</li>
<li>Reach.</li>
<li>Emergence and development of ideas.</li>
<li>Creating an archive of internet activity and re-processing it into new forms of presentation.</li></ol>
<p> </p>
<p>
For more details visit <a href='http://editors.cis-india.org/raw/studying-internet-in-india-2016-selected-abstracts'>http://editors.cis-india.org/raw/studying-internet-in-india-2016-selected-abstracts</a>
</p>
No publishersumandroResearchers at WorkFeaturedInternet StudiesRAW Blog2016-07-06T06:24:42ZBlog Entry Call for Essays: Studying Internet in India
http://editors.cis-india.org/raw/call-for-essays-studying-internet-in-india-2016
<b>As Internet makes itself comfortable amidst everyday lives in India, it becomes everywhere and everyware, it comes in 40 MBPS Unlimited and in chhota recharges – though no longer in zero flavour – the Researchers at Work (RAW) programme at the Centre for Internet and Society invites abstracts for essays that explore how do we study internet in India today. </b>
<p> </p>
<h3>Submission deadline extended to <strong>Sunday, July 03</strong>.</h3>
<hr />
<img src="https://github.com/cis-india/website/raw/master/img/RAW_Morpheus-Meme-Digital-Genre.png" alt="What if I told you memes are a new digital genre?" />
<p> </p>
<h6>Source: <a href="http://leonardoflores.net/blog/new-digital-genres-writing-for-social-media/">Leonardo Flores</a>.</h6>
<p> </p>
<p>How do we move beyond a fascination with new digital things and interfaces that we engage with on the internet, which are increasingly becoming the objects and sites of our research and creative practices? How do we engage with these on their own terms, and perhaps also against the grain? What "new" is being brought in, performed, and afforded by these digital artefacts in our daily lives? How can our concerns and practices benefit from developing an awareness of their aesthetics, functions, and politics?</p>
<p>This call is for researchers, workers, and others interested in closely – or from a distance – commenting on these topics and questions.</p>
<p>Please send abstracts (200 words) to <a href="mailto:raw@cis-india.org">raw@cis-india.org</a> by <strong>Sunday, July 03, 2016</strong>. The subject of the email should be 'Studying Internet in India.'</p>
<p>We will select up to 10 abstracts and announce them on <strong>Tuesday, July 05, 2016</strong>.</p>
<p>The selected authors will be asked to submit the final longform essay (3,000-4,000 words) by <strong>Sunday, July 31, 2016</strong>. The final essays will be published on the RAW Blog. The authors will be offered an honourarium of Rs. 6,000.</p>
<p>We understand that not all essays can be measured in words. The authors are very much welcome to work with text, images, sounds, videos, code, and other mediatic forms that the internet offers. We will not be running a Word Count on the final 'essay.' The basic requirement is that the 'essay' must offer an <em>argument</em> – through text, or otherwise.</p>
<p> </p>
<p>
For more details visit <a href='http://editors.cis-india.org/raw/call-for-essays-studying-internet-in-india-2016'>http://editors.cis-india.org/raw/call-for-essays-studying-internet-in-india-2016</a>
</p>
No publishersumandroInternet StudiesRAW BlogFeaturedNoticesResearchers at Work2016-07-04T12:48:15ZBlog EntryThe Many Lives and Sites of Internet in Bhubaneswar
http://editors.cis-india.org/raw/blog_the-many-lives-and-sites-of-internet-in-bhubaneswar
<b>This post by Sailen Routray is part of the 'Studying Internets in India' series. Sailen is a researcher, writer, editor and translator who lives and works in Bhubaneswar. In this essay, he takes a preliminary step towards capturing some of the experiences of running and using internet cafes, experiences that lie at the interstices of (digital) objects and spaces, that are at the same time a history of the internet as well as a personal history of the city.</b>
<p> </p>
<h2>The Cybercafé in Bhubaneswar: A Very Personal Introduction</h2>
<p>Till about ten years back perhaps, mustard-yellow coloured STD booths were as common a part of the Indian urban ecosystem as the common crow. But, as of the middle of 2015, the apparently ever ubiquitous STD booth seems to have gone the way of the sparrow, not yet extinct, but rare enough to evoke a visceral pang of nostalgia whenever one comes across a straggling specimen. But nostalgia is perhaps the wrong word to describe the emotion of ‘missing’ a STD booth in a city like Bhubaneswar.</p>
<p>The emotion that such urban change evokes in one is perhaps better described by the Odia word moha-maya (which is a combination of two words – maya and moha) which can connote everything from pity to longing to irrational attachment that causes pain. For this writer, more than the STD booth, what causes the most serious pang of moha-maya are the rapidly disappearing cybercafes, although the latter have not quite evaporated so completely as the STD booth.</p>
<p>This might not sound like too much of a loss for those on the right side of thirty. But to some of us (belonging to what Palash Krishna Mehrotra categorised as ‘The Butterfly Generation’ in the eponymous book) inching towards our first hiccups of an early middle age, this will be just another wry reminder of mortality; all things will fade away, including yours truly.</p>
<p>I do not remember the first day I accessed the internet. Perhaps the experience was not very startling; I like many others in my generation, I lie between the two Indian extremes to technological innovations – the blind fascination welded with incompetence that characterises so much of the generation of the midnight’s children, and the blind acceptance of all technological innovations by the generation born in the 1990s and 2000s. I, for example, also do not remember the first time I used a telephone. But I do remember for sure, that it was at our Sailashree Vihar home (in Bhubaneswar), to which we shifted in October 1992; because, one remembers for sure that one did not have a telephone connection before then.</p>
<p>Similarly, I remember where I accessed the internet for the first time, although the details of that first interface escape me now. It was a place called PAN-NET (or was it PLANNET? I can’t be sure; my memory, unfortunately, is like a bamboo sieve; it holds things, but not too much and not for very long) on the edge of the IMFA park in Shahid Nagar. Within a year of this, at least three cybercafés had opened shop near my house in Sailashree Vihar in the Chandrasekharpur area in North Bhubaneswar.</p>
<p> </p>
<h2>The Semi-Public Internet</h2>
<p>Thus, my first experience of accessing the internet, like the majority of Indians of my generation perhaps, was at a ‘public’ place, a cybercafé. What happened as a result, was that the idea of accessing the internet, and not only its usage, as a communal exercise, got embedded deeply inside one’s mind; one saw the internet as a public utility and its usage as public/semi-public acts.</p>
<p>Sasikanta Bose (name changed), a student of philosophy, feels in a similar way. He learnt to use computers and the internet in cybercafés in the Jagamohan Nagar area, near his college in Bhubaneswar. As a regular writer for webzines earlier, he could not have functioned without these. Although now he accesses the internet through a cable connection and a laptop at home, he still uses cybercafés for taking printouts and for scanning. Over the last few years, Facebook is an additional reason for him to be on the World Wide Web, and he is more comfortable accessing Facebook at home, rather than in a cybercafé. But his primary reason for accessing the net remains to access webzines and reading material on the internet, and he feels this is done much more efficiently at a cybercafé since there is an immediate monetary pressure to get the most returns on the money that one is spending. The cybercafé that he uses the most is EXCEL in Sailashree Vihar.</p>
<p> </p>
<h2>The Case of ‘EXCEL’</h2>
<p>EXCEL is a cybercafé established in the year 2001. Mr. Susant Kumar Behera and Mr. Sukant Kumar Behera (two brothers) are the proprietors. It is located on the ground floor of a house in the sixth phase of Sailashree Vihar. It must be mentioned here in passing that Sailashree Vihar is a strange new locality in Bhubaneswar initially planned and constructed by the Odisha State Housing Board; strange, like a lot of other things that came into being in the 1980s. It has only two ‘phases’, phase six and phase seven; I do not think even the Housing Board knows where the other five phases have meandered off to.</p>
<p>EXCEL is located on a service road parallel to the main arterial road of Sailashree Vihar that divides the sixth and the seventh phases. When Excel opened, it was opened primarily as a communication center with the cybercafé and the STD-PCO booth as the mainstays of the family concern. The STD booth reached its peak in 2004 and was almost dead by 2006-2007; the increasingly ubiquitous mobile phone effectively killed the PCO business. A coin-operated system was operational till very recently; it was discontinued in 2013. With the death of the PCO booth, EXCEL moved into the mobile voucher business for pre-paid mobiles; but with only two percent commission being offered by most service providers, this is a high-turnover but low-profit business for the shop, and has not been able to replace the revenues and profits of the PCO business.</p>
<p>Mr. Susant Behera (Bunu bhai to most of his customers and to me as well; and he also happens to be a close friend of one my closest schoolmate’s family friend), says that when they started the cybercafé business, they were very anxious to be a ‘different’ kind of player. Most cybercafés in Bhubaneswar, then offered primarily the illicit joys of pornography as their primary attraction. This was reflected in the very design of the cybercafés; most cybercafés were designed in the form of small cabins with often curtains on their small doors, and the computer screens faced the wall. Therefore, when EXCEL opened shop, I remember it being a refreshingly new kind of cybercafé. All the monitors were placed on reverse ‘U’ shaped tables with the backs of the monitors facing the wall, and the monitor screens facing out towards everyone; there was thus, no privacy. But this completely removed the sleaze that was then associated with cybercafés and the internet, and made the cybercafé popular with new social groups using the internet, such as single young women. EXCEL was and still remains popular with young women as a node for accessing the internet.</p>
<p>Now EXCEL is a very different kind of space from the time I remember it from my college days (1999-2002). It was, even then, popular with the young. But now it is much more of a safe hang-out place for college going young adults and those who have newly joined the work force, with fast moving snacks items such as puffs (called ‘patties’ in Bhubaneswar) and rolls, and ice cream being sold at the shop. It is much more of tuck shop now, with national and international brands of packaged food such as Haldiram and Nestle fighting for rack space. This transformation started in 2003 itself, two years into the opening the business; but whereas earlier EXCEL was primarily a PCO booth and cybercafé where one could get something to eat, it is primary a tuck shop these days. The shop also functions as a travel agent now, and books all kinds of bus, train and flight tickets.</p>
<p>The cybercafé still remains important for this family business and contributes around 20% of its total profits; but this is down from an all-time high of 50-60% in 2006-07 and from 30% when the business started in 2001. In the last ten years, the capacity of the café has come down by ten computers, and now it operates with only six systems; till 2010, the café had 20 systems, and by 2012, the number had decreased to 14. A large part of the revenue is now from the ancillary services provided by the cybercafé, such as scanning and printing; data does not drive the business any longer. Even the six systems now operational in EXCEL stay unused for some parts of the day; it operates at full capacity only in the evenings. During the day, often half of the systems lie idle and unused. But the cybercafé in EXCEL has other roles in the family business; it often provides an entry into other services such as ticketing that are offered; often a customer who steps into the shop to take printouts in the cybercafé, ends up buying a recharge voucher for her pre-paid mobile connection, or picks up a family pack of ice-cream for her home.</p>
<p> </p>
<h2>Imagining a World without Cybercafés</h2>
<p>Ajay Kumar Puhan (28, from Jajpur district), who works at EXCEL, feels that cybercafés in their present form will survive only for another three to four years. After that period of time they just might survive as glorified ‘printout and scanning’ cafes. He has worked for around nine years at Excel, across the last ten years, since he was 18 years old. Now he is simultaneously studying and is in the final stages of finishing his diploma in mechanical engineering. According to him, the customer profile has drastically changed over the last ten years; only those who cannot and/or do not access the internet through mobile devices come to the cybercafé for their browsing needs. Students also drive demand for the café with their needs for filling up forms. He feels that the situation is very similar in his village as well, with almost everyone who can afford a smart phone has one with an internet pack.</p>
<p>This decline in the cybercafé component of the family business in EXCEL is reflective of a larger churning in the business. Ten years back there were around ten cybercafés in the greater Sailashree Vihar area. Now only three survive, of which EXCEL is one. Elsewhere in Bhubaneswar, the story is a similar one; often cybercafés have added additional services such as photocopiers or have transformed into gaming stations to survive as businesses. This change has been driven by fundamental transformations in the ways in which the internet is accessed in the country and in the city. Mobile phones have become the dominant device for accessing the internet in Bhubaneswar (and in India), and this has had significant effects on cybercafés in the city. The gentrification of many parts of the city and the consequently increasing rents for commercial property, and increases in wages of attendants at the cafes, are the other reasons why cybercafés are increasingly going the way of PCO-STD booths in the city.</p>
<p> </p>
<h2>Now, the Semi-Private Internet</h2>
<p>Rahul (name changed) uses EXCEL very infrequently. But when he was a student in a big engineering college four years back, he used to sometimes go to the bunch of cyber cafes dotting the area surrounding his college in South-west Bhubaneswar. His visits were infrequent; he would go to a cyber café for some project related work, to quickly check his Facebook account, or to get his fix of porn. Even when internet was available at home, the cybercafés offered a sense of freedom because of the anonymity of the interface.</p>
<p>There was very little regulation of the cybercafés a few years back, and one could get a cabin and access the net without any identity proof. One could have anonymous chats, browse for pornography and watch it in the semi-privacy of a cubicle, or get one’s dose of social networking sites (sometimes registered in a fake name) without the usual fears when one does these from one’s private connecting devices.</p>
<p>But his accessing the internet through the cybercafés was more often than not a very hesitant activity. Quite a few times there would be people making out in the next cabin; more often than not, these would be seniors or batch-mates from his college. In those days cybercafés were infamous for being places where girls and boys, often college students, with no other place to hang out in, would indulge in some heavy duty necking and petting. The owners of the cafes were aware of what was happening. But they would not interfere, as that would mean turning away customers. Raul did not have a problem with people making out in a cabin that shared the same partition as his cubicle; but, he would feel odd and get a nagging feeling as if he was intruding.</p>
<p>For Rahul. The semi-publicity of the cyber-café was manifested by its obverse – semi-privacy. He sometimes misses the hothouse atmosphere of the cybercafés of yore, when you could slice the sexual charge in their atmosphere with a scythe, and reap private moments in ‘public’ places. He has not searched for a cybercafé with any urgency in a long time, because he does not need them for his project work; and his smart phone answers his social networking needs. But he feels a certain moha-maya for the semi-privacies of the internet that existed outside the fully private smartphone and the laptop.</p>
<p> </p>
<h2>Conclusion</h2>
<p>Moha in sankrit means everything from infatuation, delusion, lack of discrimination, ignorance and falling into error, that are captured in the Odia word as well. The word maya also captures all these meanings in both English and Odia. And moha is a vice, for both Shankara and Buddha. It is a vice for Odia saints such as Achyutananda Das and Arakkhita Das as well, spanning the whole pre-modern experience from the 16th to the 19th centuries. Moha-maya is a feeling, a condition that one has to overcome to arrive at true knowledge – knowledge that simultaneously provides insights into the self and the world. Hence, to be free from moha-maya one needs to stay in the moment; any moha-maya for the past therefore, is supposed to be spiritually debilitating. Therefore, the Odia relationship with the past is a complicated one. One has to honour tradition; yet, one has to be free of moha-maya of the particular, peculiar, material manifestations of the tradition, of the past. This applies as much to dead relatives, as to disappearing socio-technological forms such as the STD booth and the cyber-cafes.</p>
<p>With the attack on the cybercafé continuing in all these various fronts, it is highly unlikely that it will survive into the third decade of the twenty-first century. But like other attacks on communally shared, semi-public/semi-private social spaces, these attacks of ‘inevitable’ forces of technology and market need to be resisted. But there are no easy answers as to how to go about doing it. As for me, even though I have a laptop and a couple of data cards (one personal, and the other official) through which I access the internet, even when I do not have the need to scan or print, I pay a routine weekly visit to the neighbourhood cybercafé. Token gesture, I know; but when one is fighting forces that are infinitely larger than oneself, one perhaps has to resort to all kinds instruments of resistance, including the token, ‘weapons of the weak’. One cannot eliminate death, but one can definitely prolong life. Especially, when the final moha-maya is for life itself.</p>
<p> </p>
<p><em>The post is published under <a href="https://creativecommons.org/licenses/by/4.0/" target="_blank">Creative Commons Attribution 4.0 International</a> license, and copyright is retained by the author.</em></p>
<p> </p>
<p>
For more details visit <a href='http://editors.cis-india.org/raw/blog_the-many-lives-and-sites-of-internet-in-bhubaneswar'>http://editors.cis-india.org/raw/blog_the-many-lives-and-sites-of-internet-in-bhubaneswar</a>
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No publisherSailen RoutrayCityInternet StudiesRAW BlogResearchers at Work2015-09-21T05:36:18ZBlog EntryThe Internet in the Indian Judicial Imagination
http://editors.cis-india.org/raw/blog_the-internet-in-the-indian-judicial-imagination
<b>This post by Divij Joshi is part of the 'Studying Internets in India' series. Divij is a final year student at the National Law
School of India University, Bangalore and is a keen observer and researcher on issues of law, policy and technology. In this essay, he traces the history of the Internet in India through the lens of judicial trends, and looks at how the judiciary has defined its own role in relation to the Internet.</b>
<p> </p>
<h2>Introduction</h2>
<p>On the 14th of August, 1995, the eve of the 48th anniversary of Indian Independence, India began a new, and wholly unanticipated tryst with destiny - Videsh Sanchar Nigam Limited (VSNL) launched India's first full Internet service for public access [1]. In 1998, just a few years after VSNL introduced dial-up Internet, around 0.5% of India’s population had regular Internet access. By 2013, the latest estimate, 15% of the country was connected to the Internet, and the number is growing exponentially [2]. As the influence of the Internet grew, the law and the courts began to take notice. In 1998, there were four mentions of the Internet in the higher judiciary (the High Courts in States and the Supreme Court of India), by 2015, it was referred to in hundreds of judgements and orders of the higher judiciary [3].</p>
<p>The revolutionary capacity of the Internet cannot be understated. It has played a critical part in displacing, creating and enhancing social structures and institutions – from the market, to ideas of community – and its potential still remains unexplored. The Internet has also unsettled legal systems around the world, because of its massive potential to create very new forms of social and legal relationships and paradigms which extant law was unequipped for. The dynamism of the Internet means that legislation and statutory law, being static and rigid, is inherently ill suited for the governance of the Internet, and much of this role is ultimately ceded to the judiciary. In a widely unregulated policy background, the role played by this institution in identifying and dealing with the peculiar nature of regulatory issues on the Internet – such as the central role of intermediaries, the challenges of intellectual property rights concerns, the conflicts of law between different jurisdictions, and the courts’ own role in being a regulator – is tremendously important. In this article, an attempt is made to weave a thread through judicial decisions as well as judicial <em>obiter</em> (or peripheral text) regarding the Internet, to explain how the judiciary has captured and defined the Internet and its capacities, potentials and actors, and what effects this has on the Internet and on society. Inter alia, this article examines how judicial disputes have shaped internet policy in India.</p>
<p> </p>
<h2>The Internet and the Role of the Courts</h2>
<p>The relationship between the law and technology is reminiscent of the famous paradox posed by the greek philosopher Zeno – Achilles and a tortoise agree to race. The tortoise has a head start, and, by the logic of the paradox, Achilles is never able to catch up to him. Every time Achilles covers the distance between himself and the tortoise at any point, the tortoise has moved ahead some distance, which need to be covered once again. As Achilles covers that distance, the tortoise has once again moved a distance away, and so on, to infinite progression, proving that Achilles can never catch up to the tortoise [4].</p>
<p>The legal regulation of the Internet follows a similar path. The Internet was not an immediate concern for law and policy, which meant that its evolution was largely determined in a space free from centralized governmental regulation. By the time parliaments and courts began to understand the implications of Internet regulation, it was apparent that such regulation would be constrained by the very features of the Internet. The core feature of the Internet is decentralization of control, which is necessarily antithetical to creating a centralized legal regulation with. Moreover, the constant mutation in the function and use of the technology renders statutory law incredibly ineffective in being an adequate regulator. Even where legislatures determined a need to step in and draw special regulations for the Internet, they need to be either so broad or vague that they cede much of the regulatory space to interpreters – the courts – or be so specific that much of the regulation quickly becomes obsolete. Most importantly, the final authority to determine matters of constitutional import such as the content and scope of fundamental rights rests with the higher judiciary. In this scenario, the courts become the <em>de facto</em> policy makers for regulating technology. In light of our current political and social context, where the level of legislative debate on issues of public importance and constitutional import is negligible, the judiciary’s analysis of Internet regulation becomes even more important [5].</p>
<p>The judiciary is thus in a unique position to decide Internet policy and governance. The preliminary question is whether there is even a need to talk about the Internet as a special system with distinct policy concerns. The regulation of the Internet is certainly fundamental to the development of knowledge and education in societies, but do its unique features merit a departure from traditional law? The second and connected question is whether the law can actually play a role in determining how the Internet is shaped, i.e. how does technology respond to the law? The architecture of the system that defines the functionality of the Internet – like the TCP/IP protocol – has embodied certain values such as decentralization, autonomy, openness and privacy [6], which have to a large extent underlined the social and ethical implications of the Internet – the way it is used, the way it functions and the way it grows. These were the values explicitly introduced into the systems we use today to communicate and interact on the Internet [7]. However, there is no <em>a priori</em>, fixed nature of the Internet. The form the technologies that make up the Internet take, depend upon its architecture and its design, which are malleable, and to which laws contribute by incentivizing certain values and encumbering others. The legal regulation of the Internet, therefore critically affects the architecture of the system, and promotes and secures certain values.</p>
<p>Recognizing the effect of law upon the architecture of the Internet is critical to any balancing exercise that the judiciary has to conduct when it decides disputes about the Internet. The Internet is a unique public resource, in that its participants are (mostly) private actors pursuing a vareity of goals and interests. The values outlined above emerged in this context, where control was decetnralized and regulation depended to a large extent upon how these disparate parties act. However, the same values also disturb existing structures to control information for legitimate causes - such as protecting intellectual property rights or preventing hate speech. Adjudicating these values, often in the absence of any explicit social or political moral framework (with respect to lack of legislative or constitutional guidance on these values), the judicial responses end up as policy directions that shape the Internet. Seen outside a broader, progressive social context, which takes into account the impact of shaping technologies to reflect values, interests on the Internet are generally adjudicated and enforced as proprietary rights between private actors, which ultimately results in changing the dynamics and relative distribution of control over the technologies that make up the Internet. This proprietory conception of interests on the Internet is highly insular, and tends to undermine the intersts of the public as a stakeholder in the regulation of the Internet. This can play out in many ways – from regulation being overwhelmingly determined according to private interests like restricting new technologies in order to protect intellectual property; or with private actors imputed as the focal point of regulation, and therefore given massive control over the Internet. However, the courts can take a different approach to regulating the Internet. The judiciary, especially the Indian Supreme Court, has a generally activist trend, especially in environmental matters [8]. One of the most elegant principles invoked by the courts for the protection of the common environment, has been the public trust doctrine, which postulates that certain (environmental) resources exist for the public benefit and can only be eroded upon to ensure that they develop in the most beneficial way for the common resources [9]. A commons approach to the Internet would require a comprehensive evaluation of the roles played by different actors across different layers of the Internet and how to regulate them [10], but would be principally similar, in that rules of private property would be constrained by potential spillover effects on intellectual information resources.</p>
<p>As a prelude to examining the judicial analysis of the Internet, it is interesting to examine the judiciary’s own perception of its role in Internet regulation. Courts are constrained in their exercise of power by rules of jurisdiction, which become incredibly convoluted on the Internet. A broad assertion of state power over the net can potentially fragment it, which is an obvious problem. At the same time, state sovereignty and protection of the interests of its citizens and laws has to be balanced with the above concerns [11]. The judiciary in India first attempted to grapple with the problem by exercising ‘universal jurisdiction’ over all actions on the Internet, which allowed the Court to claim jurisdiction over a defendant as long as the website or service could be accessed from within its jurisdiction [12]. This broad-reaching standard was antithetical to the development of a harmonized, unfragmented Internet and created problems of jurisdictional and sovereign conflict. As the implications of such a direction became clear, the court evolved different standards for jurisdiction which were based on whether the Internet service had some connection with the territorial jurisdiction of the court in question. The judiciary began to develop caution in its approach towards exercising personal jurisdiction in Internet cases, first applying the ‘interactivity test’ and then the ‘specific targeting’ standards for questions of jurisdiction [13]. However, the judiciary continues to adhere to a ‘long-arm’ standard for copyright and trademark violations, which allows it to extend its jurisdiction extra-territorially under those laws, through rather specious analogies with pre-internet technologies. For example, in <em>WWE v Reshma</em> [14], the Court explicitly analogized sale of services or goods on the Internet with contracts concluded over the telephone. Although analogies provide a comfortable framework for analysis, they also shield important distinctions between technologies from legal analysis. Problems arising from Internet cases – where many actors across many jurisdictions are involved in varying degrees – are unique to Internet technologies and such analogies ignore these important distinctions. Morever, in all the above cases, the judiciary’s assertions of power over the Internet seems to be restricted only by pragmatic regulatory concerns (such as whether personal obedience of the defendant can be secured) and its evolving understanding of questions of jurisdiction are explicitly linked to changes in the use and perception of the Internet and an understanding of interactivity and communication on the Internet.</p>
<p> </p>
<h2>The Early Internet and Judicial Perceptions</h2>
<p>The Internet crept into the judicial vocabulary in 1996; a year after public access was made available, when the Supreme Court first took cognizance of ‘Internet’ as a means of interlinking countries and gathering information instantaneously [15]. Several other cases in the High Courts also spoke of the ‘Information Highway’ [16] and the various services that companies were offering, which could be availed by individuals on the Internet [17]. This corresponded with the popular understanding of the ‘first wave’ of the Internet, mostly relating to business providing services and information to users on the World Wide Web or as a space for limited personal interaction (such as through email) [18].</p>
<p>Some of the earliest cases where the Courts had the opportunity to examine the nature of the Internet were related to Intellectual Property on the Internet, specifically trademark and copyright in the online world. The Domain Name System, which serve to identify devices accessible on the Internet, was one of the first regulatory challenges on the Internet. Domain name disputes were unprecedented in the analog world of intellectual property, since domain names were uniquely scarce goods due to the limitations of the DNS technology. In India, the Delhi High Court in the case of <em>Yahoo v Akash Arora</em> first took cognizance of regulatory challenges of the DNS system on the Internet, a space which it conceptualized as a large public network of computers, and held that domain names serve the same functions on the Internet as trademarks. This case saw the recognition of the Internet as a separate, regulable space, which the Court defined as <em>“a global collection of computer networks linking millions of public and private computers around the world.”</em> The Court recognized some of the core, democratic features of the Internet: <em>“The Internet is now recognized as an international system, a communication medium that allows anyone from any part of the lobe with access to the Internet to freely exchange information and share data.”</em> In this case, the Court upheld traditional trademark rights in the case of use of domain names. The Court’s first recognition of trademark on the Internet heralded the imputation of proprietary interests on the decentralized, shared network that was the Internet, and was a precursor to the many such cases, which mostly focused on private commercial concerns. Even as the Court understood the importance of the Internet commons, i.e. the information and architecture that makes up the Internet, it chose to ignore concerns of public interest in the openness of those commons, in its balancing of proprietary rights for trademark cases. The commercial significance of the Internet was echoed in the <em>Rediff</em> case, where the Bombay High Court opined that <em>“Undoubtedly the Internet is one of the important features of the Information Revolution. It is increasingly used by commercial organisations to promote themselves and their product and in some cases to buy and sell”</em> [19]. Moreover, in these early cases, the law of the analog age was applied wholesale to the Internet, without examining in-depth the possible differences in principle and approach, providing no precedent for the development of an ‘internet law’ [20]. Overly focussed on the proprietary nature of Internet interests, the conception of the Internet as a non-commercial space for collaboration at a decentralized or an individual level is absent from the judicial vocabulary at this stage.</p>
<p> </p>
<h2>Private Actors and Public Interest</h2>
<p>The Internet permits decentralization in the hands of several private actors, which makes control of information over it so difficult. However, the information and technology that makes up the Internet are also highly centralized at certain nodal points, such as the services which provide the physical infrastructure of the Internet (like ISPs) or intermediaries which create platforms for distribution of information. Since the Internet has no centralized architecture to enable governmental control, these private intermediaries fall squarely in the crosshairs of regulatory concerns, specifically concerning their liability as facilitators of offensive or illegal content and actions. Facebook, Ebay, Twitter, Myspace, YouTube and Google are examples of private actors that have emerged as dominant service providers that host, index or otherwise facilitate access to user-generated content. Other forms of intermediaries, such as software like Napster or torrent databases like The Pirate Bay, are responsible for driving the growth of Internet-based technologies, like new modes of information sharing and communication. These services have emerged as the most important platform for sharing of information and free speech on the Internet. Most of the interaction and communication on the Internet takes place through these intermediaries and therefore they are in a position to control much of the speech that takes place online. The implications of regulating such actors are quite enormous, and its context is unique to the Internet. These private actors now control the bulk of the information that is shared online, and many of them have almost monopolistic control over certain unique forms of information sharing – think Google in the case of search engines. Developing an adequate regulatory mechanism for them is therefore critical to the future of the net. If the laws do not adequately protect their ability to host content without being liable for the same, it is likely that these actors will lean towards collateral censorship of speech beyond that which is prohibited by law, simply to protect against liability. Secondly, such liability would tend to disincentivise the creation of new platforms and services that increase access to knowledge, which have been integral to innovation on the Internet [21]. The issue of intermediary liability at this scale is unique to the Internet. The court has to adequately frame policy considerations which strike at the fundamental nature of the Internet, such as intellectual property and access to information. At the same time, concerns about legal accountability need to also be addressed. The approach that courts have taken towards the role of intermediaries is therefore critical towards any examination of Internet regulation [22].</p>
<p>In India, the first court to explicitly examine the public importance in issues of online intermediary liability was in the context of regulation of pornography, specifically child pornography, which has been a mainstay of regulatory concerns on the Internet. The case prompted legislative action in the form of creating rules to secure intermediary immunity. In this case the Court imputed liability for the listings of certain offensive content upon the owners of the website, Bazzee.com. Hard cases make bad law, and the same was true of this case. Referring to the challenges of regulating content on the Internet, due to the <em>inability</em> of methods to screen and filter such content, the Court held that intermediaries must be strictly liable for all offensive content on their site. The Court held that:</p>
<blockquote>The proliferation of the internet and the possibility of a widespread use through instant transmission of pornographic material, calls for a strict standard having to be insisted upon. Owners or operators of websites that offer space for listings might have to employ content filters if they want to prove that they did not knowingly permit the use of their website for sale of pornographic material…even if for some reason the filters fail, the presumption that the owner of the website had the knowledge that the product being offered for sale was obscene would get attracted.</blockquote>
<p>Intermediaries, therefore, were imputed with the liability of controlling ‘obscene’ speech – a vague and over-broad standard which did not account for the realities of online speech [23]. The above analysis reflects the judiciary’s refusal to take into account the technical concerns on the Internet which ultimately shape its architecture – and the limitations of the judiciary in reflecting upon their own role in policy making on the internet. Ultimately, the decision was overturned by a legislative act, which invoked different standards of liability for intermediaries.</p>
<p>In <em>Consim Info Pvt. Ltd vs Google India Pvt. Ltd</em> [24], the Madras High Court considered “Keyword Advertising” and the liability of search engines and competitors for ‘meta-tags’ that resulted in search engine results which may divert a trademark holder’s traffic. Google’s AdWord programme, which allows purchase of certain ‘keywords’ for the search engine results, and can potentially enable certain forms of trademark infringement, was at issue [25]. Trademarks as AdWords or search terms fulfil and important social utility of information access [26]. However, the Court’s reasoning was conspicuously missing an analysis of the public interest in protecting and promoting search engines, which were important concerns taken into account when these issues were deliberated in other forums [27]. The Court saw this dispute only taking into account private property interests and not public interest considerations, such as the general public benefit of technology which enables new forms of searching and indexing. In fact, an argument by the defendant based on the fundamental right to free (commercial) speech was raised and ignored by the court. The Court therefore ignored the public importance of search engines in favour of protecting proprietary interests which arose in a different context.</p>
<p>Copyright law also has tremendous implications on the Internet. As the Internet became the primary mode for the distribution of different kinds of information and creative content, the very ease of sharing that contributed to its popularity made it prone to violations of copyright, and this created a conflict between the interests of traditional rights holders and the development of the Internet as a means of better sharing of information and knowledge. The problem of holding intermediaries liable for conduct has been compounded in cases where the Court ordered ex-parte ‘John Doe’ orders against unknown defendants likely to be infringing copyright, and imputed the liability for removal of such content on the intermediaries or ISP’s, effectively issuing wide blocking orders without considering their implications or even providing a fair hearing [28]. In <em>RK Productions</em> [29], for instance, when holding that ISPs could be liable for failure to follow blocking orders against infringing content, the Madras High Court described the role of ISPs, such as Airtel and VSNL, as <em>“vessels for others to use their services to infringe third party works.”</em> Once again, the court took a particularly pessimistic view of the Internet’s capabilities, limiting its analysis to the ISP’s function in facilitating infringement and holding that <em>“Without the ISPs, no person would be in a position to access the pirated contents nor would the unknown persons be in a position to upload the pirated version of the film.”</em> In <em>Myspace</em>, the Delhi High Court held that no different standard for secondary infringement (by intermediaries) applied on the Internet, and imputed the same standard as in the 1957 Copyright Act. (In fact, it explicitly compared Myspace to brick and mortar shops selling infringing DVD’s or CD’s) [30]. The Court held that the principles of immunity under the IT Act were overridden by the provisions of the Copyright Act, and then went on to impute a strict standard for intermediaries seeking safe harbor for infringing material, including, inexplicably, that provision of some means to tackle infringement would be sufficient proof of knowledge of actual infringement, and therefore implicating mere passive platforms as infringers. Further, the Court expressly rejected a post-hoc solution for the same, and held that the intermediaries must ensure prior restraint of infringing works to escape liability. The claims that arise in cases of infringement of intellectual property on the Internet, specifically in the liability of intermediaries, are unique, and have unique implications. The inability or refusal of the judiciary to identify claims of freedom of speech and freedom of information of the larger public within the internet commons, in response to broad censorship orders for preventing infringement means that implicitly, policy takes a direction that favours private interests.</p>
<p>An analysis of the above cases shows that important implications of intermediary liability such as the effect on the public’s access to information and the freedom of speech in the context of the Internet did not play a role in the Courts decisions. In particular, the examination of cases above shows that private disputes are now at the forefront of issues of public importance. The Courts have unfortunately taken an insular view of these disputes, adjudicating them as inter-party, without considering the public function that private players on the Internet provide, and how their decisions should factor in these considerations.</p>
<p>However, the recent case of <em>Shreya Singhal v Union of India</em> [31], decided by the Supreme Court this March, hopefully announces a departure from this insular examination of the Internet towards a constitutional analysis, where framing an appropriate public policy for the Internet is at the forefront of the Court’s analysis.</p>
<p> </p>
<h2>Shreya Singhal and Constitutionalizing the Internet</h2>
<p>In March, 2015, the Supreme Court of India struck down the notoriously abused Section 66A of the Information Technology Act, which criminalized certain classes of speech, and hopefully heralded a new phase of Internet jurisprudence in India, which imports constitutionalism into matters of cyberspace. Section 66A, premised on the pervasiveness of the Internet, criminalized online speech on vague grounds such as ‘grossly offensive’ or ‘menacing’. The Court’s examination of the nature of the Internet is particularly important. While dismissing a challenge that speech on the Internet should not be treated as distinct from other speech, the Supreme Court opined that <em>“the internet gives any individual a platform which requires very little or no payment through which to air his views”</em>, and by this reasoning concluded that to a limited extent, specific offences could be drawn for online speech. However, this understanding of the features of the Internet – the democratization of knowledge sharing by making it cheap and expansive, was implicit throughout the Court’s judgement, which upheld the idea of the Internet as a ‘marketplace of ideas’ and a space for free and democratic exchange, and struck down the impugned restrictive provisions as unconstitutional, in part because of their vagueness and likelihood to censor legitimate speech, bearing no relation to the constitutional restrictions on free speech under Article 19(2). Moreover, the Court understood the importance of collateral censorship and intermediary safe harbor, although only briefly examined, and read down expansive intermediary liability terms under the IT Rules to include prior judicial review of takedown notices [32].</p>
<p>Hopefully, the Shreya Singhal judgement marks the beginning of constitutional engagement of the judiciary with the Internet. At this moment itself, the Supreme Court is grappling with questions of limitations of online pornography [33]; search engine liability for hate speech [34]; intermediary liability for defamation [35]; and liability for mass surveillance. How the Supreme Court takes cognizance of these cases, how they ultimately proceed, and how they take into account the principles sounded by the <em>Shreya Singhal</em> court, will have a tremendous impact on the internet and society in India.</p>
<p> </p>
<h2>Conclusion</h2>
<p>This article was an attempt to study the Internet in India, and look at the relationship between the judiciary and the Internet. But ‘the Internet’ is not some fixed, immutable space, and any study has to take this into account. The function of the Internet depends upon the values built in to it. These values can be in favor of free speech, or enable censorship. They can protect privacy, or enable mass surveillance. The growth of the Internet as a medium of free speech and expression has been fuelled to a large extent in the spaces free of legal regulation, but the law is perhaps the most important regulator of the Internet, in its ability to use state power to create incentives for certain values, and to change the nature of the Internet. This study, therefore, charted the dynamic relationship between judicial law and other factors responsible for the regulation of the Internet.</p>
<p>For a technology which is so pervasive in our daily lives, and growing in importance day by day, it is surprising that the Supreme Court of India has only recently taken cognizance of constitutional issues on the Internet. While important internet-specific issues have arisen in disputes before the judiciary, judicial examination has generally ignored technical nuances of the new technology, and furthermore ignored the wider implications of framing Internet policy by applying rules that applied in other contexts, such as for copyright or trademark. Without a clear articulation of political and moral bases to guide Internet policy, a clear policy-driven approach to the Internet remains absent, and the regulatory space has been captured by fragmented interest groups without an assessment of larger interests in maintaining the Internet commons, such as allowing peer-based production and sharing of information.</p>
<p>There is, however, reason to be optimistic about the courts and the Internet. The Supreme Courts reaffirmation and identification of the freedom of speech on the Internet in <em>Shreya Singhal</em>, will, hopefully, resonate in the policy decisions of both the courts and legislators, and the internet can be reformulated as a space deserving constitutional scrutiny and protection.</p>
<p> </p>
<h2>References</h2>
<p>[1] VSNL Starts India's First Internet Service Today, The Indian Technomist, (14th August, 1995), available at <a href="http://dxm.org/techonomist/news/vsnlnow.html">http://dxm.org/techonomist/news/vsnlnow.html</a>.</p>
<p>[2] Internet Statistics by Country, International Telecommunication Union, available at <a>http://www.itu.int/en/ITU-D/Statistics/Pages/stat/default.aspx</a>.</p>
<p>[3] Source: <a href="http://manupatra.com/">http://manupatra.com/</a>.</p>
<p>[4] Nick Huggett, Zeno's Paradoxes, The Stanford Encyclopedia of Philosophy, Edward N. Zalta (ed.), available at <a href="http://plato.stanford.edu/archives/win2010/entries/paradox-zeno/">http://plato.stanford.edu/archives/win2010/entries/paradox-zeno/</a>.</p>
<p>[5] See: <a href="http://indianexpress.com/article/india/india-others/a-little-reminder-no-one-in-house-debated-section-66a-congress-brought-it-and-bjp-backed-it/">http://indianexpress.com/article/india/india-others/a-little-reminder-no-one-in-house-debated-section-66a-congress-brought-it-and-bjp-backed-it/</a>; Publicly available records of Lok Sabha debates also show no mention of this controversial law.</p>
<p>[6] I take values to mean certain desirable goals and methods, which could be both intrinsically good to pursue and whose pursuit allows other instrumental goods to be achieved. See Michael J. Zimmerman, Intrinsic vs. Extrinsic Value, The Stanford Encyclopedia of Philosophy, Edward N. Zalta (ed.), available at <a href="http://plato.stanford.edu/archives/spr2015/entries/value-intrinsic-extrinsic/">http://plato.stanford.edu/archives/spr2015/entries/value-intrinsic-extrinsic/</a>.</p>
<p>[7] Hellen Nissenbaum, How Computer Systems Embody Values, Computer Magazine, 118, (March 2001), available at <a href="https://www.nyu.edu/projects/nissenbaum/papers/embodyvalues.pdf">https://www.nyu.edu/projects/nissenbaum/papers/embodyvalues.pdf</a>.</p>
<p>[8] S.P. Sathe, Judicial Activism: The Indian Experience, 6 Washington University Journal of Law & Policy, 29, (2001).</p>
<p>[9] M.C. Mehta v. Kamal Nath and Ors., 2000(5) SCALE 69.</p>
<p>[10] Yochai Benkler, From Consumers to Users: Shifting the Deeper Structures of Regulation Toward Sustainable Commons and User Access, 52(3) Federal Communications Law Journal, 561, (2000).</p>
<p>[11] Thomas Shultz, Carving up the Internet: Jurisdiction, Legal Orders, and the Private/Public International Law Interface, 19(4) European Journal Of International Law, 799, (2008); Wendy A. Adams, Intellectual Property Infringement in Global Networks: The Implications of Protection Ahead of the Curve, 10 Int’l J.L. & Info. Tech, 71, (2002).</p>
<p>[12] Casio India Co. Limited v. Ashita Tele Systems Pvt. Limited, 2003 (27) P.T.C. 265 (Del.) (India).</p>
<p>[13] Banyan Tree Holding (P) Ltd. v. A. Murali Krishna Reddy & Anr., CS(OS) 894/2008.</p>
<p>[14] World Wrestling Entertainment v. Reshma Collection (FAO (OS) 506/2013 (Delhi).</p>
<p>[15] Dr. Ashok v. Union of India and Ors., AIR 1997 SC 2298.</p>
<p>[16] Rajan Johnsonbhai Christy vs State Of Gujarat, (1997) 2 GLR 1077.</p>
<p>[17] Union Of India And Ors. Vs. Motion Picture Association And Ors, 1999 (3) SCR 875; Yahoo!, Inc. vs Akash Arora & Anr., 1999 IIAD Delhi 229 – “The Internet provides information about various corporations, products as also on various subjects like educational, entertainment, commercial, government activities and services.”</p>
<p>[18] Yochai Benkler, The Wealth of Networks.</p>
<p>[19] Rediff Communication Limited vs Cyberbooth & Another, 1999 (4) Bom CR 278.</p>
<p>[20] Even when the Supreme Court finally recognized these concerns a few years later, when the Internet had morphed into a massive commercial platform and an important forum for free speech, in the Satyam Infotech case (2004(3)AWC 2366 SC), it discussed the unique problem of domain name identifiers and scarcity of domain names, yet went on to hold that an even higher standard of passing off for trademarks should apply in domain names, disregarding the prior standard of an ‘honest concurrent user’.</p>
<p>[21] Jack Balkin, The Future of Free Expression in a Digital Age, 36 Pepperdine Law Review, (2008)</p>
<p>[22] Id.</p>
<p>[23] Avnish Bajaj v. State (NCT of Delhi), 3 Comp. L.J. 364 (2005).</p>
<p>[24] 2013 (54) PTC 578 (Mad)</p>
<p>[25] The judgement also reveals the predominance of Google’s search engine service. The Court defines the operation of “search engines” as synonymous with Google’s particular service – including adding elements like the ‘I’m Feeling Lucky’ option as defining elements of search engines.</p>
<p>[26] David J. Franklyn & David A. Hyman, Trademarks As Search Engine Keywords: Much Ado About Something?, 26(2) Harvard Journal of Law and Technology, 540, (2013).</p>
<p>[27] Id.</p>
<p>[28] Reliance Big Entertainment v. Multivision Network and Ors, Delhi High Court, available at <a href="http://cis-india.org/internet-governance/resources/john-doe-order-reliance-entertainment-v-multivision-network-and-ors.-movie-singham">http://cis-india.org/internet-governance/resources/john-doe-order-reliance-entertainment-v-multivision-network-and-ors.-movie-singham</a>; Sagarika Music Pvt. Ltd. v. Dishnet Wireless Ltd., C.S. No. 23/2012, G.A. No. 187/2012 (Calcutta High Court Jan. 27, 2012) (order); See Generally, Ananth Padmanabhan, Give Me My Space and Take Down His, 9 Indian Journal of Law and Technology, (2013).</p>
<p>[29] R.K. Productions v. BSNL Ltd and Ors. O.A.No.230 of 2012, Madras High Court.</p>
<p>[30] Super Cassetes Industries Ltd. v. Myspace Inc. and Anr., 2011 (47) P.T.C. 49 (Del.)</p>
<p>[31] Shreya Singhal and Ors. V Union of India and Ors., W.P.(Crl).No. 167 of 2012, Supreme Court, (2015).</p>
<p>[32] The courts refusal to address important questions of intermediary responsibility has also been criticized, see Jyoti Pandey, The Supreme Court Judgment in Shreya Singhal and What It Does for Intermediary Liability in India?, Centre for Internet and Society, available at <a href="http://cis-india.org/internet-governance/blog/sc-judgment-in-shreya-singhal-what-it-means-for-intermediary-liability">http://cis-india.org/internet-governance/blog/sc-judgment-in-shreya-singhal-what-it-means-for-intermediary-liability</a>.</p>
<p>[33] See: <a href="http://sflc.in/kamlesh-vaswani-v-uoi-w-p-c-no-177-of-2103/">http://sflc.in/kamlesh-vaswani-v-uoi-w-p-c-no-177-of-2103/</a>.</p>
<p>[34] See: <a href="http://cis-india.org/internet-governance/blog/search-engine-and-prenatal-sex-determination">http://cis-india.org/internet-governance/blog/search-engine-and-prenatal-sex-determination</a>.</p>
<p>[35] See: <a href="https://indiancaselaws.wordpress.com/2013/10/23/google-india-pvt-ltd-vs-visaka-industries-limited/">https://indiancaselaws.wordpress.com/2013/10/23/google-india-pvt-ltd-vs-visaka-industries-limited/</a>.</p>
<p> </p>
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<p> </p>
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No publisherDivij JoshiInternet StudiesInternet LawJudiciaryRAW BlogResearchers at Work2015-09-09T05:26:50ZBlog EntryGoverning Speech on the Internet: From the Free Marketplace Policy to a Controlled 'Public Sphere'
http://editors.cis-india.org/raw/blog_governing-speech-on-the-internet
<b>This post by Smarika Kumar is part of the 'Studying Internets in India' series. Smarika is a consultant with Alternative Law Forum, Bangalore. She is interested in issues concerning law and technology. In this essay, Smarika explores how through the use of policy and regulation, the private marketplace of the internet is sought to be reined in and reconciled to the public sphere, which is mostly represented through legislations governing the internet.</b>
<p> </p>
<h2>Introduction</h2>
<p>The internet is widely thought to be unprecedented and radically different from the media which preceded it. Interestingly, the internet has been unlike other media, in that it does not have a history of being monopolised by governments. True, certain States have tried to regulate the internet in a manner which allows them to exercise an increased control over it, some others have a greater control over the internet root given the history of development of the internet, but nevertheless no one State can be said to “own” the internet in any jurisdiction, in the manner of telephone or broadcast monopolies. Internet as it stands now, at its essence, is a largely private of networks connecting privately-owned, and occasionally publicly-funded platforms.</p>
<p>This feature of the internet poses an interesting problem when one tries to think about speech. In law and policymaking, an important question remains: Should internet be treated as the marketplace of privately managed avenues for speech, or should speech on the internet be treated within the bigger concept of the public sphere? Moreover, how are law and policy in India currently disposed towards speech on the internet? In the present essay, I hope to discuss some of these issues by looking at the judgement in <em>Shreya Singhal v. Union of India</em> [1], which was pronounced by the Supreme Court of India in March 2015. The judgement is most widely recognised as a culmination of several challenges to Section 66A of the Information Technology Act, 2000 which criminalised a wide range of speech on the internet on the grounds of very broad terms like “grossly offensive”, “causing annoyance” and “inconvenience, danger, and obstruction.” Section 66A was challenged along with Sections 69A and 79 of the Act, which lay down the rules for blocking of content on the internet, and for intermediary liability and responsibility to take down internet content, respectively. This challenge was made on grounds of being in violation of the Right to Freedom of Speech and Expression and Right to Equality guaranteed by the Constitution of India among others. However, while the judgement struck down Section 66A as unconstitutional, it upheld the constitutionality of the State-directed Internet blocking Rules as well as Intermediary Liability Guidelines. This may pose a paradox if one accounts for the fact that at the heart of it, all—Section 66A, Section 69A and Section 79, were actually legislations regulating speech. Then why strike one down and uphold others? To seek an answer in the present essay, I broadly look at the philosophical origins of regulation of speech on the internet. Two theories in philosophy—John Stuart Mill’s The Marketplace of Ideas and Jurgen Habermas’ Public Sphere have been very influential in liberal democratic traditions and jurisdictions in thinking about the governance of speech. Scholarly work concerning media law in other jurisdictions has also elaborated on how each of these theories can be implicitly used differently in judicial interpretations to serve different ends [2]. In this, the Marketplace of Ideas approach tends to treat speech and platforms for speech as part of the competition within a market context, whereby different kinds of ideas or speech compete with each other to find an avenue for expression. The Public Sphere approach on the other hand, treats different kinds of speech as part of a larger democratic concept of discussion and speech, whereby the aspiration is for representation of diverse kinds and sources of speech, rather than competition between them.</p>
<p>With the utilisation of these different underlying philosophical assumptions, legal implications can be so vastly different. And when that happens, it becomes essential to trace the process of how these philosophical approaches themselves work in legal argumentation. For these reasons, it becomes critical to probe the thinking in <em>Shreya Singhal</em> judgement to understand which philosophical attitude to speech it actually inheres: the Marketplace of Ideas conception, or the Public Sphere approach? I argue in this essay that while traces of both the Marketplace of Ideas and the Public Sphere approach are present in <em>Shreya Singhal</em>, neither of these philosophies actually govern the rationale of the judgement. An analysis of <em>Shreya Singhal</em> along with the judgement in <em>Cricket Association of Bengal</em> (1995) [3] which it refers to, shows that it is in fact, a third philosophy, rooted in the impulse of colonial control, which gives <em>Shreya Singhal</em> its philosophical consistency.</p>
<p> </p>
<h2>The Marketplace of Ideas in <em>Shreya Singhal</em></h2>
The judgement in <em>Shreya Singhal</em> actually employs the idea of the marketplace in its approach to discuss the implications of Section 66A. It begins by referring to the 2010 Supreme Court judgement of <em>S. Khushboo v. Kanniamal and Anr</em> [4] which had spoken about the concept of the marketplace of ideas, and how employing it is essential to safeguard “unpopular speech” under the Right to Freedom of Speech and Expression in the Article 19(1)(a) of the Constitution of India. The Court marks out this reference to the marketplace of ideas, tracing this concept back to the 1919 American judgement of <em>Abrams v. United States</em> [5]. The Supreme Court states, talking about the Khushboo case:
<p> </p>
<blockquote>This last judgement is important in that it refers to the “market place of ideas” concept that has permeated American Law. This was put in the felicitous words of Justice Holmes in his famous dissent in Abrams v. United States, 250 US 616 (1919), thus: “But when men have realized that time has upset many fighting faiths, they may come to believe even more than they believe the very foundations of their own conduct that the ultimate good desired is better reached by free trade in ideas-that the best test of truth is the power of thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes safely can be carried out. That at any rate is the theory of our Constitution.” (para 11)</blockquote>
<p>The Supreme Court judgement goes onto trace the history of Marketplace of Ideas in American jurisprudence, and understand its place within the Indian Constitution. The Court holds:</p>
<blockquote>This leads us to a discussion of what is the content of the expression “freedom of speech and expression”. There are three concepts which are fundamental in understanding the reach of this most basic of human rights. The first is discussion, the second is advocacy, and the third is incitement. Mere discussion or even advocacy of a particular cause howsoever unpopular is at the heart of Article 19(1)(a). It is only when such discussion or advocacy reaches the level of incitement that Article 19(2) kicks in. (para 13)</blockquote>
<p>The Marketplace of Ideas then becomes the philosophical tenet which pivots the judgement around its unique jurisprudential concept: the distinction between discussion, advocacy and incitement. This conception of the marketplace holds that State interference in speech on the internet has to be kept off as long as the condition of such speech being incitement is not fulfilled. In a way, this is a hands-off approach to the governance of speech which is solidified in the Court’s declaration of the unconstitutionality of Section 66A. The Court refers to the American judgement of Reno, Attorney General of <em>United States v. American Civil Liberties Union</em> [6] to bring this logic to speech on the internet as well. Citing the district court judgement in this case, it holds:</p>
<blockquote>[I]t is no exaggeration to conclude that the Internet has achieved, and continues to achieve, the most participatory marketplace of mass speech that this country – and indeed the world – as yet seen. The plaintiffs in these actions correctly describe the ‘democratizing’ effects of Internet communication: individual citizens of limited means can speak to a worldwide audience on issues of concern to them. Federalists and Anti-federalists may debate the structure of their government nightly, but these debates occur in newsgroups or chat rooms rather than in pamphlets. Modern-day Luthers still post their theses, but to electronic bulletins boards rather than the door of the Wittenberg Schlosskirche. More mundane (but from a constitutional perspective, equally important) dialogue occurs between aspiring artists, or French cooks, or dog lovers, or fly fishermen. 929 F. Supp. At 881. (at page 425) (para 60)</blockquote>
<p><em>Shreya Singhal</em>’s striking down of 66A then becomes founded in the idea that the State need not interfere in what kind of speech is made in the marketplace of the internet, as long as such speech does not amount to incitement. In a particular sphere of speech which is “not incitement” then, the logic of the Marketplace of Ideas approach seems to work in the <em>Shreya Singhal</em> judgement.</p>
<p> </p>
<h2>Recognition of the Limitations of the Marketplace of Ideas and a Move towards Public Sphere</h2>
<p>One would then surmise that the use of the Marketplace of Ideas approach is what makes <em>Shreya Singhal</em> such a pro-freedom of speech pronouncement. But interestingly, the judgement also cites the matter of <em>The Secretary, Ministry of Information & Broadcasting v. Cricket Association of Bengal and Anr</em> [3] which has been remarkable for outlining the limitations of the marketplace in the governance and production of a diversity of opinions and sources in speech. The <em>Cricket Association of Bengal</em> case was brought forth before the Supreme Court in 1995, after the liberalisation regime in media, to challenge the constitutionality of preventing a private broadcaster to use Indian airwaves in order to exclusively broadcast a cricket match.</p>
<p>The Court, while holding that there was no such exclusive right inhering in a private broadcaster since airwaves had to be allocated and used in public interest, also held that the limitations on a private broadcaster’s right to broadcast also could not extend beyond Article 19(2). In doing so, the Court recognises that the marketplace in a free and competitive system may not always be sufficient enough to make use of the media to generate and represent speech which is in the democratic public interest of discussion and advocacy. <em>Shreya Singhal</em> cites this portion of the judgement in support of its own rationale of striking down Section 66A. It holds:</p>
<blockquote>The right to use the airwaves and the content of the programmes, therefore, needs regulation for balancing it and as well as to prevent monopoly of information and views relayed, which is a potential danger flowing from the concentration of the right to broadcast/telecast in the hands either of a central agency or of few private affluent broadcasters. That is why the need to have a central agency representative of all sections of the society free from control both of the Government and the dominant influential sections of the society. This is not disputed. But to contend that on that account the restrictions to be imposed on the right under Article 19(1)(a) should be in addition to those permissible under Article 19(2) and dictated by the use of public resources in the best interests of the society at large, is to misconceive both the content of the freedom of speech and expression and the problems posed by the element of public property in, and the alleged scarcity of, the frequencies as well as by the wider reach of the media. (para 29)</blockquote>
<p>The recognition in <em>Shreya Singhal</em> that unregulated, the marketplace can lead to “a monopoly of information and views relayed” flowing from the hands of “either a central agency or a few private affluent broadcasters” points to the limitation of the Marketplace of Ideas approach itself. Such recognition culminated into a more participation-focused idea of what it means to live in a democracy: the idea of a Public Sphere where regulation and governance of media is done in order to expand participation of different kinds of ideas and people within public speech. The Court again cites <em>Cricket Association of Bengal</em> in this regard to state:</p>
<blockquote>When, however, there are surplus or unlimited resources and the public interests so demand or in any case do not prevent telecasting, the validity of the argument based on limitation of resources disappears. It is true that to own a frequency for the purposes of broadcasting is a costly affair and even when there are surplus or unlimited frequencies, only the affluent few will own them and will be in a position to use it to subserve their own interest by manipulating news and views. That also poses a danger to the freedom of speech and expression of the have-nots by denying them the truthful information on all sides of an issue which is so necessary to form a sound view on any subject. (para 29)</blockquote>
<p>In background of this, it could be said that the Marketplace of Ideas, while it forms an important part of the backbone in the striking down of Section 66A, it is not all there is to it. The idea of participation in a Public Sphere is recognised as well, and to an extent it is the barrier to participation in this Public Sphere, which enables the declaration of Section 66A as unconstitutional.</p>
<p> </p>
<h2>Public Sphere or the Marketplace? : (N)either, but a Dynamics of Control</h2>
<p>Much of the discourse around <em>Shreya Singhal</em>’s discussion on Sections 69A and 79, has seen it as divorced from the discussion around Section 66A. The discussion on Section 69A and 79 in the judegment has been seen as regressive, or ambiguous, while the portion of the judgement dealing with Section 66A has been largely been pronounced progressive and liberal. It has also been argued that the discussion on Section 66A in <em>Shreya Singhal</em> departs from a myriad previous judgements and their approach towards the governance of free speech [7]. I would like to argue on the contrary, that there is in fact, a deep continuity in the judgement on various provisions, as well as with prior judgements on speech, as far as the approach which is taken towards the governance of speech generally, and speech on the internet, specifically, is concerned.</p>
<p>To understand this continuity, it is of critical importance to note how the approaches of Public Sphere and the Marketplace of Ideas are contrasted in <em>Cricket Association of Bengal</em>, and by reference in <em>Shreya Singhal</em> as well—while the former is used to justify regulation for participation of a larger public in reception of information from the media, and the latter to keep off excessive interference by the Government. Moreover, the judgement also seems to conflate the Marketplace of Ideas and the Public Sphere conceptions of speech governance when it states:</p>
<blockquote>It is clear, therefore, that the petitioners are correct in saying that the public’s right to know is directly affected by Section 66A. Information of all kinds is roped in – such information may have scientific, literary or artistic value, it may refer to current events, it may be obscene or seditious. That such information may cause annoyance or inconvenience to some is how the offence is made out. It is clear that the right of the people to know – the market place of ideas – which the internet provides to persons of all kinds is what attracts Section 66A. (para 20)</blockquote>
<p>One notes in the abovementioned extract that the right to know is seen to emerge from the Marketplace of Ideas rather than through participation in the Public Sphere. In light of these observations, one can then ask the question: What is really at the philosophical heart of <em>Shreya Singhal</em> judgement when it can employ both these approaches? One can argue that the focus of the judgement is to balance these two approaches for the governance of speech. But what is the aim of such an attempt to “balance”? Where is it really leading to? The answer may lie in analysing the rest of <em>Shreya Singhal</em>, including its pronouncements on Executive Rules under Section 69A and Section 79, both of which while being regressive, were upheld as constitutional.</p>
<p>The issue under Section 69A concerned the constitutional validity of the Blocking Rules of the internet, while that under Section 79 concerned the liability of intermediaries on the internet. What is interesting is that the Court in its analysis of Rules under both these sections does not go into the grounds which have been prescribed for the blocking of websites, or for pinning intermediary liability. Commenting on the Rules under Section 69A, the judgement holds:</p>
<blockquote>Merely because certain additional safeguards such as those found in Section 95 and 96 CrPC are not available does not make the Rules constitutionally infirm. We are of the view that the Rules are not constitutionally infirm in any manner. (para 111)</blockquote>
<p>Additionally it places emphasis on the premise the satisfaction of the Central Government that it is necessary to block a website, is a valuable assumption to proceed with the blocking of such website within the tenet of Article 19(2). It holds:</p>
<blockquote>It will be noticed that Section 69A unlike Section 66A is a narrowly drawn provision with several safeguards. First and foremost, blocking can only be resorted to where the Central Government is satisfied that it is necessary so to do. (para 109)</blockquote>
<p>Similarly, for the Rules under Section 79, the Court strikes down the premise that private censorship of internet content based on the judgement of intermediaries is constitutionally permissible. (see para 117) However, it upholds constitutionality of removal of content by an intermediary upon knowledge of a court order to this effect, as well as knowledge of notification by the appropriate government. It states:</p>
<blockquote>Section 79(3)(b) has to be read down to mean that the intermediary upon receiving actual knowledge that a court order has been passed asking it to expeditiously remove or disable access to certain material must then fail to expeditiously remove or disable access to that material. This is for the reason that otherwise it would be very difficult for intermediaries like Google, Facebook etc. to act when millions of requests are made and the intermediary is then to judge as to which of such requests are legitimate and which are not. We have been informed that in other countries worldwide this view has gained acceptance, Argentina being in the forefront. Also, the Court order and/or the notification by the appropriate Government or its agency must strictly conform to the subject matters laid down in Article 19(2). (para 117)</blockquote>
<p>In this manner while the power of speech regulation is taken away from private intermediaries existing in the Marketplace of Ideas, it is restored within the organs of the State—the Judiciary and the Executive. This may not necessarily be repressive, as long as these powers of regulations are used to actually expand the Public Sphere, rather than limiting or controlling it. But the architecture of the regulations under both Sections 69A, and 79 suggest that they have been designed for control, rather than promoting discussion in the Public Sphere, as is evident from the strong censorship models they employ.</p>
<p>Such type of speech regulation aimed at creating a State-controlled “Public Sphere” has a long history: It has been additionally opined that the First Amendment to the Constitution which expanded the grounds under Article 19(2) embodies this colonial continuity within the Constitution framework itself [8]. Eminent lawyer, Rajeev Dhavan has analysed the colonial history of laws governing speech in India to observe continuity from the administration then, to the post-independence orientation of speech laws, to point out that an inherent distrust of the media has always existed in the legal structure, be it before or after the Indian Constitution. He traces such form of legal structure to a desire to control, rather than enable the “public” rooted in the context of colonial rather than democratic pressures [9].</p>
<p>This trend also links back to what happens in the case of <em>Cricket Association of Bengal</em> which is cited in support of the striking down of Section 66A in <em>Shreya Singhal</em>. In <em>Cricket Association of Bengal</em>, while there is a recognition of the limitations of Marketplace of Ideas in how it can concentrate participation in democratic discussions only to the hands of those with adequate purchasing power,9 it also fails to amend this through a process of greater participation and representation of diverse public on media. What it broadly does instead is conflate the public to the State, holding that it is only through State-administered public broadcasting that greater participation and representation of diverse public on media can happen. Accordingly, Justice B.P. Jeevan Reddy in his judgement states:</p>
<blockquote>Public good lies in ensuring plurality of opinions, views and ideas and that would scarcely be served by private broadcasters, who would be and who are bound to be actuated by profit motive. There is a far greater likelihood of these private broadcasters indulging in misinformation, disinformation and manipulation of news and views than the government-controlled media, which is at least subject to public and parliamentary scrutiny. (para 181, emphasis added)</blockquote>
<p>Such architecture of Government regulation in the governance of speech, visible both in <em>Cricket Association of Bengal</em>, and by extension in the 66A discussion in <em>Shreya Singhal</em>, but also in the Sections 69A and 79 discussion in the latter judgement, aspires not at expanding and creating a Habermasian Public Sphere of unlimited lively discussion, but rather, a pre-defined, controlled sphere of the “public” which behaves in congruence with the interests of the State. While on the surface it may seem to recognise the limits of the Marketplace of Ideas approach in speech governance and aim for reform of the same, in the bigger scheme of things, the criticism of the marketplace is really directed towards putting more control of public speech in the hands of the State machinery [9].</p>
<p>In such a background of the control trend, even a judgement like <em>Shreya Singhal</em> with such a progressive outcome, appears like a flash in the pan. It might allow for some seemingly liberal advancements in free speech, but it does so only within the larger structure of control mechanisms created for speech ingrained within a pre-independence, undemocratic form of governance which was disrespectful of an independent Public Sphere. The question which then needs to be asked is this: While judgements like <em>Shreya Singhal</em> strike down the really repressive, do they actually bring about a structural change in legal assumptions about public speech? Or is the same colonial desire of control which is permeating the most progressive pronouncements of our jurisdiction? Is it moving towards a participatory, diverse and independent Public Sphere, or something which appears close enough to free discussion, but really is carefully monitored to produced “socially relevant” content, whereby what is relevant is defined through a complicated State apparatus? As our speech laws move to the Internet Age, these are some questions we must ask if the hope for the law is to enable involved, democratic citizenry, rather than a colonial-flavoured Internet public.</p>
<p> </p>
<h2>References</h2>
<p>[1] Judgement accessed from <a href="http://supremecourtofindia.nic.in/FileServer/2015-03-24_1427183283.pdf">http://supremecourtofindia.nic.in/FileServer/2015-03-24_1427183283.pdf</a>.</p>
<p>[2] Stein, Laura. 2006. <em>Speech rights in America: The First Amendment, Democracy, and the Media</em>. Chicago: University of Chicago Press.</p>
<p>[3] Judgement accessed from <a href="http://indiankanoon.org/doc/539407/">http://indiankanoon.org/doc/539407/</a>.</p>
<p>[4] Judgement accessed from <a href="http://indiankanoon.org/doc/1327342/">http://indiankanoon.org/doc/1327342/</a>.</p>
<p>[5] 250 US 616 (1919).</p>
<p>[6] 521 U.S. 844 (1997).</p>
<p>[7] Bhatia, Gautam. 2015. At the Heart of the Landmark 66A Ruling: The Crucial Distinction between Advocacy and Incitement. Scroll. March 25. Accessed from <a href="http://scroll.in/article/716034/at-the-heart-of-the-landmark-66a-ruling-the-crucial-distinction-between-advocacy-and-incitement">http://scroll.in/article/716034/at-the-heart-of-the-landmark-66a-ruling-the-crucial-distinction-between-advocacy-and-incitement</a>.</p>
<p>[8] See: Liang, Lawrence. 2011. Reasonable Restrictions and Unreasonable Speech. InfoChange. Accessed from <a href="http://infochangeindia.org/agenda/freedom-of-expression/reasonable-restrictions-and-unreasonable-speech.html">http://infochangeindia.org/agenda/freedom-of-expression/reasonable-restrictions-and-unreasonable-speech.html</a>. Also see: Acharya, Bhairav. 2015. Free Speech Policy in India: Community, Custom, Censorship, and the Future of Internet Regulation. May 06. Accessed from <a href="http://notacoda.net/2015/05/06/free-speech-policy-in-india-community-custom-censorship-and-the-future-of-internet-regulation/">http://notacoda.net/2015/05/06/free-speech-policy-in-india-community-custom-censorship-and-the-future-of-internet-regulation/</a>.</p>
<p>[9] Dhavan, Rajeev. 2009. Moral Consensus in a Law and Order Society. In Aravind Rajagopal (ed.), <em>The Indian Public Sphere</em>. Oxford University Press. Pp. 92-93.</p>
<p>[10] See the discussion in the previous section of this essay.</p>
<p> </p>
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No publisherSmarika KumarFreedom of Speech and ExpressionJudiciaryRAW Blog69ACensorshipSection 66AResearchers at Work2015-08-28T05:57:55ZBlog EntryWar Driving in Lhasa Vegas
http://editors.cis-india.org/raw/blog_war-driving-in-lhasa-vegas
<b>This post by Oxblood Ruffin is part of the 'Studying Internets in India' series. Oxblood Ruffin is a hacktivist and film maker. He joined the CULT OF THE DEAD COW in 1996 as its Foreign Minister. Colonel Ruffin is co-author of the Hacktivismo Enhanced Source Software Licencse Agreement (HESSLA), network curmudgeon, and line cook. He will publish a book on information warfare in 2016. In this essay, Colonel Ruffin traces the history of Internet access in Dharamsala, and the factors at play in shaping it - mundane and maverick, familiar and outlier.</b>
<p> </p>
<h3><em>Monkeys would often climb up the poles to fool around with the routers forcing Yahel to fix a cage around them to make them “monkey-proof”</em><br /> — Eric Brewer</h3>
<h3><em>War is an outmoded concept</em><br /> — Dalai Lama</h3>
<p> </p>
<p><img src="http://editors.cis-india.org/raw/histories-of-the-internet/cisraw_oxbloodruffin_dharamsala.jpeg" alt="Oxblood Ruffin - Dharamsala" title="Oxblood Ruffin - Dharamsala" width="100%" /></p>
<p> </p>
<p>Dharamsala is on the frontline of the Indian internet, fuelled by information activists. Its transition from a sleepy hill station to the residence of the Dalai Lama and the Tibetan government in exile clearly politicised the region. The Tibetan diaspora was its primary network. Information flowed in and out of Dharamsala along conventional means. Students of Buddhism, backpackers, and tourists began to arrive after reading exotic press reports. And then almost overnight everything changed. The internet arrived and with it an explosion of content and possibility. Dharamsala transitioned again.</p>
<p>In 1959 the Dalai Lama (HHDL) escaped from Tibet to India after the Chinese invasion. And estimated six thousand monasteries and temples were destroyed by the Peoples Liberation Army and up to 1.2 million Tibetans - approximately one sixth of the population - were killed or died of starvation after China invaded Tibet in 1950. A large influx of Tibetan refugees followed HHDL which in turn made Dharamsala a popular tourist destination.</p>
<p>It is equally chaotic. Like much of touristic India it is full of shambolic hawkers in pursuit of the gora dollar; Israeli twenties fresh from the military and hot for bhang; American unicorns stinking of patchouli in their first pair of harem pants; and young Punjabi men drowning in beer on the weekends. Dharamsala is all of these things, and it is more. Dharamshala is a Hindi word loosely translated into English as 'spiritual dwelling' or 'sanctuary'.</p>
<p>The region is surrounded by pine forests. The Dalai Lama’s residence in McLeod Ganj and the headquarters of the Central Tibetan Administration (the Tibetan government in exile, or CTA) are also located in Dharamsala. Some folks from Delhi have remarked that when they’re in McLeod Ganj they have the feeling that they aren’t in India. Much of the architecture is in the Tibetan style and the diversity of town-life is atypical. The local Gaddi [tribal] community is supplemented by Kashmiri merchants and Tibetan vendors. Then there is the steady stream of tourists from every point on earth; many having come to study Tibetan culture and Buddhism. Even though HHDL arrived in this mountain town ten years before the first nodes of the internet were deployed, Dharamsala had become a hotbed of activism waiting to connect.</p>
<p>In the earliest days campaigning was contained within the Tibetan community, and the bustling Dharamsala of today had yet to emerge. But over time, year by year, volunteers from the outside would drift through. Most would work for a few weeks or a few months. Some would never leave. Networks were formed and the technologies of those times were worked overtime. Printing presses, fax machines, photocopiers, tape recorders, photography and, film. Everything was used to get the Tibetan message out, and all of these technologies were used to preserve Tibetan culture in ways that were forbidden in Chinese occupied Tibet. And steadily another technology was developing. The internet.</p>
<p>In 1986 the Education and Research Network (ERNET) was initiated by the Department of Electronics and transmitted India’s first email exchange. But email had rapidly been flourishing years before on military and university networks in the West. The push came from the outside to get Dharamsala on the internet and to think about email as an emerging communications alternative. In 1989 Indira Singh - a New York based computer consultant - envisioned a globally connected Dharamsala. And at the same time Thubten Samdup - a Tibetan living in Montreal - was wrestling with the problem of how to bring communication costs down. Ms. Singh sent the first email message over an ad-hoc telephone connection from Dharamsala to the Office of Tibet in New York.</p>
<p>“Hello from Dharamsala”, it said.</p>
<p>It did not take long to convince officials from the CTA that email and the internet were the future of communications from Dharamsala. While discussions of the technology caused many eyes to glaze over the economics did not: email was cheaper and faster than regular mail. The sell was that simple. Not to mention that Tibetan activists in North America and Europe were already using email. Thubten Samdup founded World Tibet Network News (WTN) on Usenet in 1992; and established eleven different listservs in different languages serving various verticals in the Tibetan diaspora. Although the internet existed in India at the time, it was rather rarefied. Research institutes and military networks primarily in urban centres formed the earliest nodes. The further and mountainous reaches of Dharamsala were not on the drawing board, until they were pushed onto the internet from the outside. In 1993 the International Centre for Human Rights and International Development in Montreal donated fifteen thousand dollars to buy three computers and set up email service for the CTA.</p>
<p>Other developments followed apace.</p>
<p>Back in 1989 when Ms. Singh first contemplated an interconnected Dharamsala another computer scientist was sorting out his own vision. Sir Tim Berners-Lee was fiddling with what was to become the World Wide Web. He released the code to the public on Christmas day 1990, and with that the seeds to the mainstreaming of the internet were planted. In 1995 the dial-up internet was introduced for the public in six major cities in India by VSNL. Dharamsala was not included in the rollout, but technical experts in the CTA had been quietly working behind the scenes. In cooperation with North American hackers the CTA’s official Website Tibet.net was launched in 1996 under the stewardship of Thubten Samdup. That same year Sabeer Bhatia, a U.S. based engineer from Bangalore released Hotmail, a free Web email service that garnered 100,000 Indian subscribers within the first three weeks.</p>
<p>The following year five Bay Area technical experts under the supervision of Dan Haig made a forty hour haul from San Francisco to Dharamsala. Their mission was to set up an intranet for the CTA using sixty thousand dollars of their own money, and carrying one hundred and sixty-five pounds of cables and hardware in their backpacks. The mountain had come to Muhammed if that metaphor is not too strained for Tibetan Buddhists. Once again Dharamsala’s international support network kickstarted the local process. Haig and his colleagues wired the seven ministries of the CTA and the Library of Tibetan Works and Archives giving them high-speed intranet connections. The also created and email system and dial-up service for many cultural institutions in the Dharamsala area that were too far away to be on the network.</p>
<p>For a town far away in the mountains full of monks and political refugees, Dharamsala was making great strides on the Indian internet. The next leap forward came in the form of an accidental activist. Yahel Ben-David had been a young officer in the Israeli Defence Forces, a successful Linux entrepreneur, and an avid hiker. When he got a call in 1998 to help the CTA install a satellite dish he jumped. What could be better than a three week working vacation in the mountains? Three weeks turned into three months; eventually he relocated to Dharamsala with his wife where he would spend the next eight years working on tech projects. For the next four years Ben-David developed a Local Area Network (LAN) for the CTA and switched everything to ethernet. Monasteries, the Dalai Lama’s private office, and NGOs were all connected. But Ben-David was still dissatisfied.</p>
<p>Given Dharamsala’s remoteness and the cost-prohibitive realities of proper infrastructure development, the region wouldn’t be seeing a high speed internet any time soon. Radio networks were a technical possibility but the cost of licensed solutions was prohibitive. WiFi could have been a solution but was to be illegal for public use until 2004, and then only indoors. Ben-David put his ham radio knowledge to use by tearing part every Linux SOHO (small office/home office) networking device he could find. He founded the Tibetan Technology Centre (TTC) with Phuntsok Dorjee, a non-profit technology company that would train local talent and develop bespoke routers. And finally in January 2005 the Indian government deregulated WiFi for public use. Within hours of that ruling Ben-David put up the first node of the Dharamsala Community Wireless Mesh Network. It had effectively become the first public WiFi network in the country.</p>
<p>Testing and tweaking the nodes was a continuous process. In addition to the demanding mountainous terrain environmental issues had to be factored in: Four distinct seasons which included a heavy monsoon; daily power outages; and last but not least, monkeys. They are particularly destructive creatures when they discover something new to play with. Ben-David settled on tamper-proof cages to encase the routers. Similarly the power outages were countered with solar panels. TTC was putting itself on the map for its innovations internationally, and Dharamsala began to attract more and more technical talent. The town that had once been the preserve of backpackers and Buddhists was broadening to include networking and security experts and open-source developers. None of this was lost on the Chinese intelligence community.</p>
<p>Dharamsala had been an embarrassment to the Chinese ever since the Dalai Lama escaped in 1959. The town has been constantly monitored as have been prominent activists and all of the Tibetan Support Groups. China was particularly displeased when Tibetan activists in Dharamsala partnered with the Cult of the Dead Cow (cDc) hacking group to protest Google’s operations in China. Increasingly Tibetans suffered targeted malware attacks. Listservs and networks were compromised and sensitive information about the CTA, Dalai Lama and activists found its way back to the Chinese intelligence community. A typical exploit of the time involved forged email headers appearing to come from a friendly source. It would include a PDF file containing a message of support. Once opened a friendly enough document would appear, however, it contained a modified version of a PDF-Encode vulnerability. The exploit silently dropped and ran a file called C:\Program Files\Update\winkey.exe. It was a keylogger that collected and sent everything typed on the affected machine to a server running in China. By 2008 Dharamsala appeared to be on the frontline of China’s cyber-espionage ambitions.</p>
<p>Security researchers at the University of Toronto were approached by the office of the Dalai Lama to examine its computers. Something wasn’t right. The ensuing investigation confirmed that malware had been installed on these machines. They were able to monitor the commands on the infected computers and discover the names of the documents exfiltrated from Dharamsala. Further investigation pointed to specific correspondence stolen and that those behind the attack had gained control of the email servers in the Dalai Lama’s office. One incident was particularly telling. After an email invitation was sent to a foreign diplomat, the Chinese government made a call to the same diplomat discouraging the meeting. And a young woman working for a Dharamsala group making chat connections between Tibetan exiles and Chinese citizens was stopped by Chinese intelligence officers on her way back to Tibet. She was shown copies of her chat sessions and ordered to stop her political activities. What followed was extraordinary.</p>
<p>The Toronto researchers discovered that the Dalai Lama’s Dharamsala network was completely compromised, and also those of Tibetan exile groups in India, Brussels, London, and New York. And then the kicker. Additionally their investigations revealed that the command and control centre infecting the computers from China had also taken over more than 1300 computers in 103 countries. Much of the malware had been attached embassies and foreign ministries, including the Indian embassy in Washington. What had originally been thought to be Chinese interference in the Dalai Lama’s affairs and those of the Tibetan Support Groups turned out to only be the tip of the iceberg. The researchers uncovered an international spying operation. But even when exposed and caught by compelling evidence, Chinese officials denied any involvement and dismissed the researchers report as propaganda.</p>
<p>Despite China’s cries of innocence, the Tibetan community took some satisfaction from the incident. They had been the objects of Chinese interference for years and now the world could see that they weren’t just being paranoid about Chinese hackers. It also garnered wider support in Dharamsala and the Tibetan diaspora for greater security awareness. Groups like Students for a Free Tibet and Tibet Action Institute who had been offering security workshops for years experienced increasing demand for their services. And one thing should also be noted. While the Tibetan community had been on the receiving end of computer hacking and online harassment for years, they never responded in kind. Dharamsala’s response to Chinese aggression has always been non-violent action, online and offline. Two examples come to mind.</p>
<p>The Dalai Lama had always wanted to be able to speak directly to the Chinese people. Thubten Samdup who had spearheaded a number of internet initiatives organised a group of Chinese speaking Tibetans to engage mainland Chinese via chat online. The strategy was simple. Let people on the other end know that they are chatting with Tibetans, and did they have any questions? The internet probed to be a great leveller and one by one some minds were cleared of disinformation about Tibet and the Dalai Lama. Even though this project met with modest success things were becoming worse in occupied Tibet. Beginning in 2009 Tibetans began self-immolating as a desperate form of non-violent protest. Were it not for a network of monks most of the details of the 138 immolations to date would not be known to the world.</p>
<p>From the first self-immolation China initiated an information blackout in Tibet. Foreign journalists were not allowed into Tibet and all communications networks were heavily monitored. However one man managed to get the message out. Gyanak Tsering is a Tibetan studying at the Kirti Monastery in Dharamsala. He escaped from Tibet in 1999 and began experimenting with the internet and mobile technology. Working with security experts in Dharamsala Mr. Tsering began to covertly transfer information to and from Tibet. Mobile phones are the primary communication devices in Tibet and increasingly smartphones are used to access the mobile Web. Whenever a self-immolation is reported in the press it is because Mr. Tsering has been sent the details from Tibet. When he has verified the details with three separate sources in Tibet he releases the information to the press. Some wags in Dharamsala refer to Mr. Tsering as the Jason Bourne Buddhist.</p>
<p>Technical innovation in Dharamsala has always been driven by necessity. Initially it was because the internet was cheaper and faster than conventional communications. Then WiFi development brought more people online because it was easier to deploy than conventional infrastructure. Whatever challenges were faced in Dharamsala there was always some workaround, and others began to notice. Largely as a result of the Dharamsala Community Wireless Mesh Network (later rechristened AirJaldi) open-source developers began flocking to the region. It is now one of India’s more attractive development hubs with IT conferences, new businesses, coding workshops, and hacker spaces. What was once a sleepy hill station emerged as a Tibetan refuge that adapted to the internet and proved that anything was possible.</p>
<p> </p>
<p><em>Note: The post, including the image, is published under <a href="https://creativecommons.org/licenses/by/4.0/" target="_blank">Creative Commons Attribution 4.0 International</a> license, and copyright is retained by the author.</em></p>
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No publisherOxblood RuffinHistories of InternetRAW Blog2015-08-17T08:19:56ZBlog EntryMock-Calling – Ironies of Outsourcing and the Aspirations of an Individual
http://editors.cis-india.org/raw/blog_mock-calling
<b>This post by Sreedeep is part of the 'Studying Internets in India' series. He is an independent photographer and a Fellow at the Centre for Public Affairs and Critical Theory, Shiv Nadar University, Delhi. In this essay, Sreedeep explores the anxieties and ironies of the unprecedented IT/BPO boom in India through the perspective and experiences of a new entrant in the industry, a decade ago. The narrative tries to capture some of the radical
hedonistic consequences of the IT-burst on our lifestyles, imagination and aspirations delineated and fraught with layers of conscious deception and prolonged probation.</b>
<p> </p>
<h2>best start (the advertisement)</h2>
<p><img src="http://editors.cis-india.org/raw/histories-of-the-internet/Sreedeep_MockCalling_01_Resized.jpg/image_large" alt="Sreedeep_Mock-Calling_01_Resized" class="image-left" title="Sreedeep_Mock-Calling_01_Resized" /><br />
<em>In the darkest hours of night, they remain awake serving some other continent across the oceans.<br />
The sparkling exterior complements the sleeplessness.</em></p>
<p>Colorful half-pagers listing job openings in dedicated sections of dailies for the ‘educated’ and ‘experienced’ have been common in post liberalized India. When the eyes cruise through the various logos and offerings of the MNCs in these over populated pages, one gets reminded of a decade when the front, back, and inside pages of newspaper supplements overflowed with job offerings in the lowest ranks of the IT. BPO vacancies which littered the folios primarily sought to lure fresh college pass-outs ‘proficient in English’. Back then, one was yet getting familiar with names such as ‘Convergys’, ‘Daksh’, ‘Global-Vantage’, ‘EXL’, ‘Vertex’. It made one wonder why they needed so many people to ‘walk-in’ week after week, and how they made thousands of ‘on the spot offers’ with ‘revised salaries’ following ‘quick and easy interviews’ and ‘fastest selection processes’. What these selected people actually did, once they got in, was another mystery altogether.</p>
<p>Some of these MNCs promising nothing short of a ‘best start’ to one’s career, that too with the ‘best starting salaries for a fresher’, often came to college campuses for recruitment. They conducted large scale interviews and generously granted immediate offer-letters to final-year students, at the end of each academic year. I happily overlooked the (fine) print, the text, design, and all the other details of these BPO ads. In fact, I never bothered to figure out what the acronym meant till such time when I was in desperate need for a gadget make-over. My age old Range-Finder camera deserved to be disposed and displaced by a Digital SLR. That was the summer of 2003...</p>
<p><img src="http://editors.cis-india.org/raw/histories-of-the-internet/Sreedeep_MockCalling_02_Resized.jpg/image_large" alt="Sreedeep_Mock-Calling_02_Resized" class="image-inline image-inline" title="Sreedeep_Mock-Calling_02_Resized" /><br />
<em>The iconic ship building of Convergys – one of the first amongst the many that stood alone fifteen years ago, surrounded by far-‐away sketches of multistoried constructions and a cyber-‐hub that was yet to be born and the eight lane highway leading to Jaipur, about to be built beside it.</em></p>
<p> </p>
<h2>say something more about yourself (the interview)</h2>
<p><img src="http://editors.cis-india.org/raw/histories-of-the-internet/Sreedeep_MockCalling_03_Resized.jpg/image_large" alt="Sreedeep_Mock-Calling_03_Resized" class="image-inline image-inline" title="Sreedeep_Mock-Calling_03_Resized" /><br />
<em>Call flow and traffic flow is fast and furious both inside and outside such centers of info-exchange and mega-data transmissions every second every day.</em></p>
<p>“You have mentioned in this form that your aim is to ‘do something different’. How would you relate that to your decision to work in a call center?” I was asked.</p>
<p>I had given more than couple of interviews, to get rejected on both occasions, and by then had realized what exactly they preferred to hear and the kind of profile that they wanted to hire. I was in no mood to miss my lunch and waste another day in the scorching heat traveling to one of these hotels where the interviews were conducted. I was tired of waiting for hours sipping cold water and looking at formally dressed men and women being dumped from one room to another – going through a series of eliminating rounds before reaching the interview stage, when they politely conveyed “…thank you very much, you may leave for now, we’ll get back to you…”, especially, to all those lacking a ‘neutral English accent'.</p>
<p>On the first occasion, I took great pleasure and interest in observing every bit of it. On the second, I was getting a hang of it. On the third, I felt like a school kid appearing for an oral examination at the mercy of the schoolmaster and was perennially requested at every step to say something (more) about oneself. But, I had no grudges. Neither the posh ambience nor the polite attitude of the employers towards hundreds of candidates walking-in everyday was comparable with the interview-scene of Ray’s ‘<em>Pratidwandi</em>’ [1]. The scene was acting out in reverse. Now they needed us (in bulk) more than we needed them. Any English-speaking dude eager to believe in the promises of the new-age-profession, even with less or ordinary qualifications, or with no desires to seek further qualifications, was in great demand, like never before.</p>
<p>On the fourth occasion, I thought that I had my answers ready.</p>
<p>“Well, your CV suggests something else. Why don’t you contemplate choosing a creative profession?”</p>
<p>The extra curricular activities’ column on my CV was getting reduced in size with each passing interview that I chose to face. Later I felt that I could have said something else instead of answering, “Madam, I am from a middle-class family, where creativity is not given much space beyond a point.”</p>
<p>I was reminded that I should use her first name instead of uttering ‘Madam’ repeatedly. “But, most of the creative minds come from the middle-class background”, she refuted.</p>
<p>“May be I don’t have much of confidence in my creative abilities.”</p>
<p>The conversation continued for quite long. I did not fall short of sentences to cover up this process of conscious deception. She was busy evaluating my English and was possibly overlooking the content of my answers while making points on a piece of paper as she kept asking questions regarding hobbies, movies, etc. I was asked to listen to men talking in American accent and was instructed to choose between options that summarized the probable conclusion of their conversation. Then I was asked me to wait outside.</p>
<p>The interview with the Senior Process Manager from Pune was supposedly the last round, I was told. A charming voice from across the table made me feel as if he had been waiting to hear from me since the time we met long ago, “So, how is life?”</p>
<p>“Great Sir”.</p>
<p>“Great? You don’t get to hear that too often. Okay, please say something about your self.”</p>
<p>There seemed to be no end to this essential inquiry about ‘the self’ at any stage! I started with my name and ended with my ambition, which was to make a career in a call center.</p>
<p>He must have found it useless to discuss the work profile with me. Truly, I had no idea about what I was supposed to do on the deck. But, I did not miss any chance to convey how keen I was to learn and deliver. This was followed by a discussion on salary, which was short, because as a fresher, I was in no position to bargain.</p>
<p>While passing the offer letter, the HR lady formally made a point to emphasize the formal dress code in the office. Looking back, I presume it was my appearance that prompted her to state the code. With the hair almost touching the shoulders, and a face not shaven for more than a month, the loose fit denims incapable of keeping the shirt tucked, I must have made a sufficient impression to instigate concern in her mind, although unknowingly. Jaswindar (the man who thought smoking bidi in the lawns of the corporate cathedral is quite cool) replied, “I don’t have any formal wear. Does the company pay any advance for buying some?”</p>
<p><img src="http://editors.cis-india.org/raw/histories-of-the-internet/Sreedeep_MockCalling_04_Resized.jpg/image_large" alt="Sreedeep_Mock-Calling_04_Resized" class="image-inline image-inline" title="Sreedeep_Mock-Calling_04_Resized" /><br />
<em>Cyber Hub @ midnight – the nerve centre of several corporates.</em></p>
<p> </p>
<h2>what if they find out (the first day)</h2>
<p><img src="http://editors.cis-india.org/raw/histories-of-the-internet/Sreedeep_MockCalling_05_Resized.jpg/image_large" alt="Sreedeep_Mock-Calling_05_Resized" class="image-inline image-inline" title="Sreedeep_Mock-Calling_05_Resized" /><br />
<em>Even sky is not the limit. The exchange of information and its pace defies border – political or physical.</em></p>
<p>A cold current ran through the spine of several candidates, especially the first timers, with every signature they put on the bottom left of each page of the agreement of the terms and conditions that required them to be graduates. Obviously, quite a few of them were not graduates. What if they found out that they were not? But they did not. I guess, they never cared to verify the certificates enclosed in the pink file. Nor did they care to figure out what happened to those tax-forms, provident fund forms, insurance forms signed and submitted by the 124 employees joining job on the 9th of June. Lengthy spells of instructions related to form-filling on the first day were forgotten, as most of them were happily distracted or disinterested. The crowd was busy checking out each other – the vending machine and its options, the fancy phone and its features – also enquiring or narrating previous call center experiences, the hassle in missing or getting the first pick-up for the day...</p>
<p>While these strangers were desperate to know or let the others know ‘something more about themselves’, the junior officials instructing us ‘where to tick’, ‘what to remember’, ‘how to write’, ‘when to stop’ were not in a position to exhibit how irritated they were with the tough task of managing so many recruits. Things got even worse with the daylong induction lectures on training, transport, finance, assets, ‘our motifs’ and ‘your expectations’, ‘your contribution’ and ‘our expectations’. Thankfully, there was good lunch, free internet access (quite unthinkable in those days of expensive cyber cafes) and AC cabs to follow. I fancied my relief from the heat and hostel food for the next few weeks of my paid holiday without any sense of remorse.</p>
<p><img src="http://editors.cis-india.org/raw/histories-of-the-internet/Sreedeep_MockCalling_06_Resized.jpg/image_large" alt="Sreedeep_Mock-Calling_06_Resized" class="image-inline image-inline" title="Sreedeep_Mock-Calling_06_Resized" /><br />
<em>The Convergys building (now taken over by Vedanta) on a full moon night. The plush lawns used to be a breeding ground for generating dust haze. The compound is highly protected/exclusive zone. Epitome of global connectivity ensures complete disconnection with the local surroundings.</em></p>
<p> </p>
<h2>my camera vs their camera (getting trained)</h2>
<p> <img src="http://editors.cis-india.org/raw/histories-of-the-internet/Sreedeep_MockCalling_07_Resized.jpg/image_large" alt="Sreedeep_Mock-Calling_07_Resized" class="image-inline image-inline" title="Sreedeep_Mock-Calling_07_Resized" /><br />
<em>The ever-expanding city with all its imposed notions of urbanity on an area essentially rural leaves no scope for the evolution of the public space. On the contrary, any space outside the strict confines of these gated nations/notions invite threats of the highest order or at least it is perceived to be so.</em></p>
<p>What if they find out? No, they didn’t.</p>
<p>For the next one and a half months, we loitered around in the mornings, nights, evenings, and graveyard shifts of the classrooms and cafés (though not in every corner as mobility was highly restricted and under severe surveillance), at times enjoying and at times sleeping through the training sessions, impatiently waiting for the salary to get transferred to the Citi Bank account which they had opened for us to be swiped-out the moment the money arrived. Their surveillant eyes were not technologically advanced enough to guess the respective reasons to take up the job casually and remain appointed before absconding. A host of young fellas kept counting the number of day remaining:</p>
<ul>
<li>While the trainer with 3 kids in 7 years (now needing one more) with a ‘do it or I’ll make you do it’ attitude reminded us that prostitution is oldest customer care service, and the role of a customer care executive is one of the most prestigious ones and definitely not deplorable just because we work at night (as do the docs and cops).</li>
<li>While listening to the trainees whose primary interests varied from stock exchange to cooking for the wife to horse breeding and extending till the ‘search for truth in Himalayas’. In a free speech session in VNA (Voice and Accent Training), fitness was synonymous with Baba Ramdev for some folks and euthanasia meant mass-killing. And what about capital-punishment? “Would have known if I attended the college debates”, someone proudly said. The trainer was kind to say “Then talk about censorship”. The girl with colored hair was quick to question, “Is that an automated cruise?”</li>
<li>While cruising through the consonants, diphthongs, vowel sounds, and imported ‘modules’, rapid ‘mock-calls’ and learning to intonate. We bit the ‘B’s, kissed the ‘W’s and by the time we rolled the ‘R’s, reached the soft ‘T’s and faded ‘P’s, I felt that the next big revolution was here. Tongue, lip, throat, teeth tried their level best to ape the ones across the Atlantic to the norms of their phonetic culture.</li>
<li>While obviously not uttering the obvious that this entire system was a consequence of service being subcontracted to places where establishment and labour costs were way more cheaper.</li></ul>
<p><img src="http://editors.cis-india.org/raw/histories-of-the-internet/Sreedeep_MockCalling_08_Resized.jpg/image_large" alt="Sreedeep_Mock-Calling_08_Resized" class="image-inline image-inline" title="Sreedeep_Mock-Calling_08_Resized" /><br />
<em>Walls can guard the flow of trespassers but the walls can rarely be guarded against the practice of public urination. An employee relieves himself in the middle of a graveyard shift on his way back after a quick smoke during the miserly half an hour break.</em></p>
<p> </p>
<h2>keeping balance (the absconding case & the attrition list)</h2>
<p><img src="http://editors.cis-india.org/raw/histories-of-the-internet/Sreedeep_MockCalling_09_Resized.jpg/image_large" alt="Sreedeep_Mock-Calling_09_Resized" class="image-inline image-inline" title="Sreedeep_Mock-Calling_09_Resized" /><br />
<em>The building came first as isolated blocks of self-sufficient units generating its own electricity and meeting its own needs. The infrastructure external and essential to its sustenance is still in its nascent stage.</em></p>
<p>In between the lines of the Punjabi beats in the moving cab or Pearl Jam playing on the i-pod in full volume to resist the former; before and after ‘hi bro’, ‘hey dude’, ‘yo man’, ‘yap buddy’; from weekend <em>masti</em> to an inspirational night-out, we constantly juggled with call-center jargon and silently yapped about:</p>
<ul>
<li>How to revolt against ‘IST’ (Indian Stretchable Time)</li>
<li>Why the ‘pick-up time’ hadn’t been SMSed yet</li>
<li>Why the fucking cab driver did not come fucking five fucking minutes earlier</li>
<li>How often to ‘login’ early and ‘logout’ late</li>
<li>Why the ‘systems were running slow’</li>
<li>What should be the perfect ‘call-opening’ and ‘call ending’</li>
<li>How to handle ‘high call flow’</li>
<li>How to ‘sale’ a product to the ‘disinterested customer’</li>
<li>How to ‘appease’ the dissatisfied ‘enquiring consumers’</li>
<li>How to ‘empathize’ with an ‘irate customer’</li>
<li>How to keep the ‘call control’ while making the customer feel empowered</li>
<li>How to avoid ‘escalating’ the call</li>
<li>How to make full use of the two ‘fifteen minutes breaks’ and one ‘half hour break’</li>
<li>Why not to say – “I am sorry to hear that” – to a recently divorced customer</li>
<li>Whom to give the extra food coupons</li>
<li>What to do to in order to know when your calls are being monitored</li>
<li>How to reduce the ‘AHT’ (Average Handling Time)</li>
<li>How to increase the ‘C.Sac’ (Customer Satisfaction) scores</li>
<li>Why not to take two ‘consecutive weekend-offs’</li>
<li>What to write in the ‘feed-back forms’</li>
<li>Which friend should be referred to get compensated for the ‘referral’ before leaving the job</li>
<li>What else could be done to maximize ‘P4P’ (Pay for Performance)</li></ul>
<p>Soon after swiping the card and clearing the balance, many of us became what they called, ‘an absconding case’ and added our names to the ‘attrition list’. The ‘cost-effective-labour’ (not ‘cheap labor’), stopped coming to office just before ‘hitting the (production) floor’ without bothering to formally say a bye, and without multiplying the hundreds of dollars that their clients had invested in our training and maintenance. Some of us had to get back to our colleges, which had re-opened. The others either complained about the team-leader or the work pressure till the time they got a call from some other call-center across the road offering a slight increment, but the same work. Others changed jobs as they habitually did twice or thrice a year to acquire a new ambience and acquaintances only to get bored yet again. One chap was smart enough to hold two offices simultaneously. The rest either perished without a trace or sat on the same chair hoping to climb the ‘vertical ladder’ by pleasing the bosses and putting more working hours while executing the ‘communicative tools’ and ‘navigation skills’ that they remembered from the training days. They were the ones the industry hoped to retain. They were also the ones too particular about their performance. Habitual consumption and consistent conflicts between the personal mornings/mourning and the professional nights took a consistent toll.</p>
<p><img src="http://editors.cis-india.org/raw/histories-of-the-internet/Sreedeep_MockCalling_10_Resized.jpg/image_large" alt="Sreedeep_Mock-Calling_10_Resized" class="image-inline image-inline" title="Sreedeep_Mock-Calling_10_Resized" /><br />
<em>The city sleeps. Metros come to halt. Signs of human existence disappear. But thousands of people continue with the calls in each floor of these buildings answering queries and collecting unpaid amounts catering to a different time zone altogether.</em></p>
<p><img src="http://editors.cis-india.org/raw/histories-of-the-internet/Sreedeep_MockCalling_11_Resized.jpg/image_large" alt="Sreedeep_Mock-Calling_11_Resized" class="image-inline image-inline" title="Sreedeep_Mock-Calling_11_Resized" /><br />
<em>Different floors and different corners of the same floor cater to different clients across the globe.</em></p>
<p> </p>
<h2>after-call wrap-up (remains of the flirtatious feed-back)</h2>
<p>I-cards hung like nameplates around the neck all the time along with codes that were generated from the distant land. Punching these plastic cards ensured automated entry, strictly confined to those floors where we had some business. Forgetting to carry them required prolonged human intervention to convince the security that we did deserve to get in. Losing it lead to penalty. Hiding/absconding beneath one of the many call center note-pads I found the Separation Clause 4b: “upon separation from the company, you will be required to immediately return to the company, all assets and property including documents, files, book, papers and memos in your possession.”</p>
<p>The termination clause 6.b.i. of one of the appointment letters stated - “During the probation period you are liable to be discharged from the company’s service at any time without any notice and without assigning any reason”. But I guess the employees left the company more often without any notice or assigning any reasons. The company, most often, had no answers for this unwanted discharge to its owners across the oceans. IT abroad/onboard was not advanced enough to predict/prevent people who made the industry look like a make-shift arrangement; a probation that would rarely lead to permanence.</p>
<p><img src="http://editors.cis-india.org/raw/histories-of-the-internet/Sreedeep_MockCalling_12_Resized.jpg/image_large" alt="Sreedeep_Mock-Calling_12_Resized" class="image-inline image-inline" title="Sreedeep_Mock-Calling_12_Resized" /><br />
<em>A common sight of fleet of cabs (a service which is outsourced to external vendors) outside the building waiting for scheduled drops and pick-ups.</em></p>
<p> </p>
<h2>is there anything else that I can do to help you/me</h2>
<p><img src="http://editors.cis-india.org/raw/histories-of-the-internet/Sreedeep_MockCalling_13_Resized.jpg/image_large" alt="Sreedeep_Mock-Calling_13_Resized" class="image-inline image-inline" title="Sreedeep_Mock-Calling_13_Resized" /><br />
<em>As the piling debris suggest infrastructural work perennially in progress.</em></p>
<p>Between the cafeteria cleaned once every hour and the adjacent murky road side dhaba; between the latest cars in the parking lot and the rickshaws waiting for those who couldn’t yet afford to pay the car-installment; between the fiber-glass windows and the jhopris (visible once the curtains were lifted) – new heights were achieved and new targets were set that were globally connected, locally disconnected.</p>
<p>In a site, which is otherwise devoid of consistent water supply, electricity and public transport (running it servers on generators 24X7), the vertical-limits of the translucent fiber glass and false roofs prepare the suburbs. The soothing cubicles confirm to the global standards of ‘how a city ought to look’ from a distance.</p>
<p>Just like the enormous demands of the IT industry, which has created its support sectors (catering, security, transport, house-keeping etc) to stray around the BPOs trying to extract their share of profit, I moved around its orbit as well for some time. Why and how there is a bit of BPO in most my creative endeavors and in the purchase of digital devices between 2003-2008 doesn’t require any further explanation.</p>
<p>I got better and better with my mock-calls.</p>
<p><img src="http://editors.cis-india.org/raw/histories-of-the-internet/Sreedeep_MockCalling_14_Resized.jpg/image_large" alt="Sreedeep_Mock-Calling_14_Resized" class="image-inline image-inline" title="Sreedeep_Mock-Calling_14_Resized" /><br />
<em>Surrounded by the debris of development and standing tall with its emphatic presence, such an imposing architecture seems like a myth that constantly challenges the harsh realities that envelop it. The pillared peak is so representative of its desire to remain connected with the ‘distant-impossible’ 24x7.</em></p>
<p> </p>
<h2>Endnote</h2>
<p>[1] The protagonist in the film violently revolted against the lack of basic amenities in the interview-space and against the idea of calling so many people for just a couple of vacancies, when people were expected to be selected not on the basis of merit, anyway.</p>
<p> </p>
<p><em>The post, including the text and the photographs, is published under <a href="https://creativecommons.org/licenses/by/4.0/" target="_blank">Creative Commons Attribution 4.0 International</a> license, and copyright is retained by the author.</em></p>
<p> </p>
<p>
For more details visit <a href='http://editors.cis-india.org/raw/blog_mock-calling'>http://editors.cis-india.org/raw/blog_mock-calling</a>
</p>
No publisherSreedeepSpaces of DigitalDigital LabourResearchers at WorkRAW Blog2015-08-06T05:00:33ZBlog Entry'Originality,' 'Authenticity,' and 'Experimentation': Understanding Tagore’s Music on YouTube
http://editors.cis-india.org/raw/blog_understanding-tagores-music-on-youtube
<b>This post by Ipsita Sengupta is part of the 'Studying Internets in India' series. In this essay, she explores the responses to various renditions of songs composed by Rabindranath Tagore available on YouTube and the questions they raise regarding online listening cultures and ideas of authorship of music. </b>
<p> </p>
<h2>Introduction</h2>
<p>On typing “Rabindra Sangeet” on YouTube, one finds videos of the concerned Bengali songs in diverse visual and aural compositions. Just like for every other type of video that is put up on the site, as interesting as the videos may be, is the feedback they receive.</p>
<p>At the centre of this essay are such videos found on the social media platform YouTube, ones that play Rabindra Sangeet. Literally, “Songs of Rabindra(nath)”, this is a term used to identify poetic and musical pieces penned and composed in the late 19th- early 20th centuries by the Bengali writer and artist Rabindranath Tagore. The body of work has today become a genre among Indian music.</p>
<p>User-generated expression of YouTube makes it a medium with simultaneous individual and group dynamics. Apart from feedback as quantitative data through “Views”, “Likes” and “Dislikes”, the opinions of many users can be found in the “Comments” section.</p>
<p>Visuals of YouTube song videos of Rabindra Sangeet are diverse. So are renditions, with solitary or duet or band performances, and with varying rhythm and instrumental accompaniment. The set of comments below each video sometimes take the form of a conversation. Between applause and criticism, the latter is of special interest here.</p>
<p>Content of specific kinds seem to face disapproval: visual montages and stills from contemporary cinema, like images of urban youth, romance, longing. Some have shots of band performers and some, album cover images. Some of these renditions can be categorized as remixes because of their fast pace, bouncy vocals and electronic melody. The comments in question reflect and reveal hurt sentiments of people trying to preserve some kind of sanctity and authenticity of Rabindra Sangeet.</p>
<p>They state in different ways that the ethics of presenting the genre have been violated, via their notation and design; either by either makers of the film in the song’s incorporation, or by the way young pop stars have been placed in particular montages.</p>
<p>Here are some comments below to illustrate what audiences find wrong. The video is embedded below, followed by the comments posted on the video page.</p>
<p><iframe src="https://www.youtube-nocookie.com/embed/cjRLkITYhqk?rel=0" frameborder="0" height="360" width="640"></iframe></p>
<p> </p>
<ul>
<li>What a rubbish song! Just remember please that Rabindra sangeet is not for Band musicians ! Please do not distort Rabindra sangeet. Only idiots will try to do so. Shame on you lot !
</li><li>Unfortunately these band party can never be anything like that great man....hence they should stop making fun of his creation....</li>
<li>This song is from Shyama and I think that the innocent beauty of a young boy falling in love with a court dancer. The arrangement does not suit the lyrics.</li></ul>
<p> </p>
<p><iframe src="https://www.youtube-nocookie.com/embed/lSgEsoGGZjQ?rel=0" frameborder="0" height="360" width="480"></iframe></p>
<p> </p>
<ul>
<li>Who has sung this? Started well, but after a while it changed the melody on its own. Only Bengalis are so indecent to change the work of the composer while performing. But otherwise, the voice is promising.</li></ul>
<p> </p>
<p><iframe src="https://www.youtube-nocookie.com/embed/oCmdFo3felo?rel=0" frameborder="0" height="360" width="480"></iframe></p>
<p> </p>
<ul>
<li>Robindra shongoter ijjot nosto kore dise... super dislike... (“They have destroyed the dignity of Rabindra Sangeet... super dislike...”)</li>
<li>Henshit! rock does not suit to melody and classics. Don't fusion "Sangeet"/ folk/patriotic songs.</li></ul>
<p> </p>
<p><iframe src="https://www.youtube-nocookie.com/embed/VGM-T5cME-4?rel=0" frameborder="0" height="360" width="480"></iframe></p>
<p> </p>
<ul>
<li>Rabindra sangeet is usually better off with minimum instrumental accompaniment. That is why the Kishore Kumar version is more appealing. And the maestro Hemanta Mukherji used only a harmonium and tabla for most of his superb renditions.</li>
<li>Simply bogus. In Bengali... Shreya r nyaka voice just intolerable (“Shreya's coquettish voice just intolerable”).</li></ul>
<p> </p>
<p><iframe src="https://www.youtube-nocookie.com/embed/yer7wAJdHSA?rel=0" frameborder="0" height="360" width="480"></iframe></p>
<p> </p>
<ul>
<li>some confused experiments with a song rendered by many exponents. This singer in his misguided modernism mostly misses the target.</li>
<li>bhalo lagche na shunte...Rabindra Nath er gaan er opor please bekar improvisation ta korben na...onar opor churi kachi ta nai ba chalalen... (“I am not enjoying listening to this... please do not do useless improvisations on Rabindranath's songs... do not use knives and scissors on him...)</li>
<li>… Tomra please originality maintain kore experiment koro … (...Could you please maintain originality while experimenting...)</li></ul>
<p> </p>
<p><iframe src="https://www.youtube-nocookie.com/embed/WfHX5y-xI2w?rel=0" frameborder="0" height="360" width="480"></iframe></p>
<p> </p>
<ul>
<li>...Go listen to the original tagore score and then come here with some innovative posts, k?</li>
<li>Absolutely bogus. Very badly sung. Who the hell is the singer? It has Jhankar beats too!!! Who the hell is the music director? Shame that people of such low taste and caliber are directing Bengali movies nowadays. Maobadi der diye petano uchit eder (“They should be beaten up by the Maoists)!!!!!</li></ul>
<p> </p>
<p><iframe src="https://www.youtube-nocookie.com/embed/-ywjZshLBrI?rel=0" frameborder="0" height="480" width="640"></iframe></p>
<p> </p>
<ul>
<li>THere should be a self imposing limit of Screwing rabindra sangeet.</li>
<li>F...king Indian Hindi speaking bas....ds</li></ul>
<p> </p>
<p>This is not to say that these voices reign supreme. The listeners who enjoy the works leave great appreciation and also debate with the naysayers. But here I am taking into account the criticism that the videos receive. They have turned out to be more descriptive than the appreciation, and because of this they open up a lot of questions. We observe them in the light of both the medium as well as some understanding of the artistic ideals Tagore aspired to in his lifetime. The complete list of URLs of videos with their comments is given in the bibliography.</p>
<p> </p>
<h2>The Poetic/Musical Works of Tagore and Technologies of Access</h2>
<p>Tagore was born in 1858 in a wealthy landowning household in Bengal. In his growing up years, the household Jorasanko was a space where Western and Indian lifestyles and artistic developments coexisted. Besides his own training in musical performance, and education and cultural exposure abroad, he also grew up amidst the rich musical, literary and theatrical talent of his family members.</p>
<p>Tagore was impressed and inspired by all kinds of artists and musical styles, and traces of these are found in his compositions and lyrics- whether folk, the ritualistic <em>Kirtan</em>, the mystic <em>Bauls</em> of rural Bengal, or even songs native to the West. For example the Scottish song ‘Auld Lang Syne’ influenced ‘purano shei diner kotha’ and ‘Ye banks and braes’ inspired ‘phule phule dhole dhole’ (Som, 2009).</p>
<p>From a young age itself, the poet was uncomfortable with strict boundaries and rules, one of them being the tight-rope walk over <em>Raaga</em>-based notations and rhythm structures of Indian classical music. He did believe in the power of <em>Raagas</em> to evoke the emotion they were said to be designed for, and while placing his poetry in musical compositions, he based his tunes on <em>Raagas</em> depending on the mood of his verse. However, he would combine melodic characteristics of established <em>Raagas</em> very often- a common practice with artists resulting in “mishra”, or mixed <em>Raagas</em>. He even combined rhythms or <em>Taala</em>s, and designed new ones for his songs. He found the classical genre embellishments of <em>Taan</em> and <em>Aalaap</em> unnecessary and left them out. “He declared his songs to be his unabashed expression of modernity because in them he could escape adhering to any expected literary standard” (Som, 2009).</p>
<p>Tagore lived in an era when Indian classical music was being written down with notations which were intelligible to Western audiences. Though he put on paper notations for his own songs, it so happened sometimes that when he was asked to sing in a public gathering, he could not remember the exact composition he’d first created. He would improvise immediately and complete the performance successfully.
There were also times when his students or family members would sing their own interpretation of his tunes. Though his contemplation on it was based on a personal judgment of how well they adapted what he'd taught and how talented they were, he realised that the other singer was “not a gramophone” and he’d have to “grant that artistic independence” (Som, 2009).</p>
<p>“The art with which he matched melody with each nuanced lyric or combined ragas and improvised novel musical expressions, made each song a gem to be discovered anew everytime it is sung” (ibid, 2009). We may admit this but through this thought we may also understand that every live vocal rendition is intangible, however much we stick to notations.</p>
<p>In the electronic age, however much we record a rendition on devices, it is stored as data taking up space. Data is a common form that text, visuals, and audio all take. Though some recordings of Tagore's voice can be found online, they are digital versions that have been converted from the analog. Besides the technical transition, today's listener is also accessing it through a device and not listening to him performing. Two dynamics could happen here: either his performances are immortalised by the technology which has collected the sound of his voice in the exact way he has performed them and audiences will form an idea of “authentic” or “original”. And the other is that the audience will understand that in his time, when his voice was recorded, effects like electronic disco beats had not been invented.</p>
<p>That way, the performances of Tagore's verses that we are witnessing on YouTube today are the tangible notations combining with fresh new thought processes and constantly changing music performance styles, and manifesting on a contemporary media space. It is beyond just a copy, as we will see later, and to put it in Tagore's own words, it is “not a gramophone”.</p>
<p>Perhaps the accompanying instruments that were recommended for the verses have been replaced in a particular video with other and/or newer sources of musical sound- like digital sound. And the visuals in the video were probably not what the author was familiar with in his lifetime- body language of human actors, their clothes, the cityscape, and the like. In the film clips and non-cinematic material of Rabindra Sangeet videos, contemporary visuals include digital copies of photographs of Tagore and his contemporaries that help us make sense of his era.</p>
<p>“Adapting Chion’s theorisation of Dolby sound, the aesthetics of the remix may be thought of not as a consequence of technical changes but rather as the way in which technology combines with different musics to create the remix” (Duggal, 2010). It's not that new technology like electronic beats happens to an old composition when time passes and corrupts it like fungus or dust, it is that one one applies new aesthetics to an older text to innovate.</p>
<p>Describing the prime place of music in the hierarchy of sound in the cultural history of the West, Kahn discussed the phobia of sound that was not “significant” (Kahn, 2003). For a long time, sounds that reproduced the world for us- such as ambient sounds or noise- and which came via machines instead of established musical instruments were not considered valid within music. His stand in this context was that “it would make more sense to experience artistic works in their own right, not how they might conform to gross categorical distinctions”.</p>
<p>Given the artistic spontaneity which Tagore believed in, and the changing technology, what do we mean when we say that Rabindra Sangeet is being “distorted”, or its dignity (“ijjot”) or “innocence” threatened? What is the misunderstood modern? What is this “original” missing from “experimentation”? Especially when the composer himself is not witness to the forms his songs are taking today, what is this imagination of the ideal performance that leads to the judgment that another type of performance is not acceptable?</p>
<p>Perhaps at this point we can also shine a tiny light on Tagore's beliefs in other spheres. “Nationalism” is a compilation of a series of lectures given around the world, which Tagore gave in the 1916-‘17. In the introduction to this compilation, Guha illustrates Tagore’s realisation that mindless boycotting of everything that the West introduced in India in the name of Swadeshi (which he used to support) was to throw out the baby with the bath water. Quoting a letter Tagore wrote to a friend in 1908, he writes, “ ‘I will not buy glass for the price of diamonds and I will never allow patriotism to triumph over humanity as long as I live” ’ (Guha, 2009).</p>
<p>Soon after delivering these lectures in US and Japan, the Visva Bharati University was founded in December 1918. Tagore envisioned “a synthesis of the East and the West through a healthy intellectual and cultural interaction” (Som, 2009). Ironically, Visva Bharati, for over six decades after his death, held a copyright on Tagore’s work and assumed exclusive right of approval over song recordings of how notations were to be followed.</p>
<p>Surely it is not only due to a lack of understanding of Tagore's ideals that some renditions are marked as <em>wrong</em>? Many who don't appreciate the new versions may actually be well aware of his life story or beliefs. At various instances, the beats, the voice, the performers are targeted. Can we put a finger on the problem? Does it have something to do with the means of interaction of the medium? What is this search for the authentic or the correct? Is there a xenophobia of generational shifts in lifestyle - the opposition to a lifestyle because that is the “other” of a fantasy of tradition, it is not “high culture”? Because internet access transcends boundaries of class, education, and generation?</p>
<p> </p>
<h2>Mechanical Reproduction and Digital Media</h2>
<p>In the early 20th century, when Tagore was writing his songs, in another part of the world political thinker Benjamin wrote in his timeless essay that when a work of art is mechanically reproduced, when there are only copies and the “original” in a particular place and space in history loses significance, its distribution boosts its “exhibition value” (Benjamin, 1936). “The work of art becomes a creation with entirely new functions, among which the one we are conscious of, the artistic function, later may be recognized as incidental.” The “social significance” (ibid.) of an art work increases with multiple reproductions of it reaching the masses because the ritual value of it goes down, and it becomes open to as much criticism as enjoyment or reverence.</p>
<p>On social media spaces this democracy is visible on the same page- such as the “Comments” discussion. The “aura” (ibid.) of the “original” Tagore cannot exist in the flux of digital reproductions and uploads of individual creations- how valid then is the fight over it? Or is it in fact a fear of losing in this flux a memory of something revered? Does that imagined revered have something to do with defining and maintaining a community identity in this passageway of a multitude of identities that is the internet?</p>
<p>One of the integral features of a social media space is the option of “sharing” the content, i.e., individuals transmit it further to other users. While YouTube’s Likes and Comments give the content a boost and analytics from YouTube automatically circulate this more “popular” content, individual users have a major role in the circulation of online content.</p>
<p>Besides directly sharing, they can take either the audio or visual aspects of a video piece, restructure or redesign the piece, creating as a result an all new video and circulating that. Through “appropriation and reproduction”, “the web in general, and the web video in particular intensify the culture of the copy, for it provides its users free access to an immense database of ready-to-use information” (Vanderbeeken, 2011).</p>
<p>Someone may download from elsewhere an audio composition used earlier in a video of “concentration music”, attach it to different visuals, and upload it back on YouTube under “relaxation music”. After all, as studies have found, the response to one’s online content through mechanisms such as “likes” give the author a sense of gratification and encourages him/her to keep checking notifications every few minutes- on various social media platforms.</p>
<p>In such a situation, “the original creator suddenly occupies the position of yet another spectator. Within this process, the role of transmitters is so important that they assume a vague position of authority over the works” (Menotti, 2011). Through its one on one connection with the spectator, each individual video exists as an independent entity subject to active, on the spot feedback as well as manipulation by every individual who watches it. And of course, circulation is in the hands of each viewer resulting in content originating as altogether new information.</p>
<p>At this juncture I would like to make an intervention using a formulation by Frith, about the fluid, transitional nature of identity. “It is in deciding- playing and hearing what sounds right- that we both express ourselves, our own sense of rightness, and suborn ourselves, lose ourselves, in an act of participation” (Frith, 1996).</p>
<p>Let us take for example, another type of video found on YouTube. Instrumental pieces of music with descriptions such as “music for concentration”, “study music”, and even “brain music”. If we break down the description along these lines, we have firstly, tunes of any kind and varying pace on string and wind instruments. Then colourful visuals of mostly natural landscapes, the human body, or graphical representations of the “mind”. The written word accompanies the frame, and each aspect combines to add meaning to the other two.</p>
<p>Just because the label says that the music will enhance concentration, does it always have that effect? Our everyday experiences with the audio-visual would have surely shown us that the design of a composition- both musical and cinematic- does not necessarily make everyone feel the same way. Moreover, the credibility of video descriptions is always subject to doubt, as discussed above.</p>
<p>We see thus that in case of online media, it holds true all the more that one acquires or asserts an identity in playing/listening to a performance of some sort of music and adding opinions below, as much as the performance or presentation itself. We can actually trace this to a perspective that a remixed video is a form of feedback too- to an earlier understanding of Rabindra-Sangeet by the maker who thought that the genre could be expressed this way as well. “The intrinsic relationship of ‘original’ to ‘imitation’ is weakened” (Vanderbeeken, 2011), and this is where digital media picks up from where analog technology left off.</p>
<p>In such an interaction, between human beings exchanging data with equal authorship over it, could YouTube be playing a role in the “production of the rhetoric of the classical and canonical” (Duggal, 2010) around a historical figure from eastern India, where some audio-visual images are acceptable to his definition and others not?</p>
<p>An older and a newer understanding of the same cultural object co-exist on one space such as the standardised video frames of YouTube. Alongside Tagore's voice are those of Kishore Kumar, Hemant Kumar, Jayati Chakraborty, Shreya Ghoshal, and many others. A sense of the “original” exists beyond Tagore's voice because everybody has not sung it fast- if its rules were to go slow. And if somebody wants to give a tribute to Rabindra Sangeet by pepping it up, he/she obviously must not have meant to “ruin” it.</p>
<p>Is it the anonymity of the Comments space which makes the discussions the way they are? Because one cannot see the person who has uploaded it and is confident that what they were taught was the only truth- the uploader/ content creator probably comes across as an imposter.</p>
<p>But maybe this search for the “correct” rendition is a search for political correctness in a world densely connected through information technology, where one's identity through a databank of online searches does not belong just to oneself but to corporations and advertisers too. Could there also be people who believe that the very act of having Rabindra Sangeet online is a mismatch of the authentic Tagore experience- because the internet is not from his time or geographical location?</p>
<p> </p>
<h2>Conclusion</h2>
<p>As described earlier, when Tagore composed his music largely based on the notational arrangements prescribed by <em>Raagas</em>, he removed what he determined were complications of the indigenous classical music system. What he retained were what he comprehended as the moods evoked by particular <em>Raagas</em>, and engineered several songs on selected rules of different <em>Raagas</em>. In the process, he created a genre which those who were not fortunate enough to get formal training in the classical grammar of music could sing and engage in.</p>
<p>From the point of view of pure classical renditions being “high art”, Rabindra Sangeet thus could not fit into that umbrella. But it was popular and regarded because it spoke to the people, as a result of which it is still given a special place in collective memory after 100 years. Thus we see that “in terms of aesthetic process there is no real difference between high and low music” (Frith, 1996).</p>
<p>Social media exposes today that musical spontaneity has constraints in the collective memory of forms. Proving at the same time that music truly cannot be contained- since it has such diverse imaginations of the “real” at a time when the author is not alive any more. Tagore was “comfortable in the knowledge that his songs were like wild flowers” (Som, 2009), drawing from natural landscapes and human emotions. Is YouTube telling us that in this century, some consumers of his music might be narrowing down definitions of “significant sound” to identity politics around a literary figure and his homeland? Or simply trying to hold on to something familiar in an ever changing zone, resisting- perhaps unconsciously- an attempt by others to reinterpret it through their reality or sense of beauty?</p>
<p> </p>
<h2>Bibliography</h2>
<p>Benjamin, Walter. 1936. The Work of Art in the Age of Mechanical Reproduction. Trans. Harry Zohn. Ed. Hannah Arendt. Schocken/Random House, 2005. <a href="https://www.marxists.org/reference/subject/philosophy/works/ge/benjamin.htm" target="_blank">https://www.marxists.org/reference/subject/philosophy/works/ge/benjamin.htm</a></p>
<p>Duggal, Vebhuti. The Hindi Film Song Remix: Memory, History, Affect. Diss. Jawaharlal Nehru University, 2010.</p>
<p>Frith, Simon. “Music and Identity”. Questions of Cultural Identity. Eds. Stuart Hall and Paul du Gay. Sage Publications, 1996.</p>
<p>Guha, Ramachandra. Introduction. Nationalism. Rabindranath Tagore. Penguin Books, 2009.</p>
<p>Kahn, Douglas. “The Sound of Music”. The Auditory Culture Reader. Eds. Michael Bull and Les Black. Berg Publishers, 2003.</p>
<p>Menotti, Gabriel. “Objets Propages: The Internet Video as an Audiovisual Format”. Video Vortex Reader II: Moving Images Beyond YouTube. Eds. Geert Lovink and Rachel Somers Miles. INC Reader #6, 2011.</p>
<p>Som, Reba. Rabindranath Tagore: The Singer and his Song. Penguin Books India, 2009.</p>
<p>Tagore, Rabindranath. Nationalism. Macmillan and Co. Ltd., 1918.</p>
<p>Vanderbeeken, Robrecht. “Web Video and the Screen as a Mediator and Generator of Reality”. Video Vortex Reader II: Moving Images Beyond YouTube. Eds. Geert Lovink and Rachel Somers Miles. INC Reader #6, 2011.</p>
<p> </p>
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No publisherIpsita SenguptaDigital MediaResearchers at WorkRAW Blog2016-07-07T02:18:12ZBlog EntryStudying the Internet Discourse in India through the Prism of Human Rights
http://editors.cis-india.org/raw/blog_studying-the-internet-discourse-in-india-through-the-prism-of-human-rights
<b>This post by Deva Prasad M is part of the 'Studying Internets in India' series. Deva Prasad is Assistant Professor at the National Law School of India University (NLSIU), Bangalore. In this essay, he analyses key public discussions around Internet related issues from the human rights angle, and explores how this angle may contribute to understanding the features of the Internet discourse in India.</b>
<p> </p>
<h2>Introduction</h2>
<p>The significance of Internet as an important element and tool in day-to-day life of mankind is an established experiential fact. The intrinsic value that Internet brings to our lives has transformed the access to Internet as a necessity. Internet’s intrinsic value acts an enabling tool for information, communication and commerce to be effectively and expeditiously carried forward. It is to due to this enormous intrinsic value attached with Internet that there is an emerging trend of exploring Internet from the perspective of human rights. Moreover, Internet as a medium also helps in furtherance of human rights [1]. Social movements have attained a new lease of life with the digital activism over Internet. Arab spring is an epitome of this phenomenon.</p>
<p>There is an emerging positive trend of linking established norms of human rights with Internet. The Report of the Special Rapporteur on the right to freedom of opinion and expression has vividly explained the possibility and feasibility of extending and extrapolating the right of freedom of opinion and expression to Internet medium (Article 19 of the UDHR and the ICCPR) [2]. The Special Rapporteur also highlights the need to have access to Internet for effective enjoyment of right to freedom of opinion and expression in the digital sphere. The UN High Commissioner on Human Right’s report on‘The Right To Privacy In The Digital Age’ also explicitly highlights the significance of protecting the right to privacy in the internet medium in light of extensive “surveillance and the interception of digital communications and the collection of personal data” [3]. The extensive interception and blocking of the online communication is also a pertinent reason, which calls for human right protection to be extended to Internet.</p>
<p>The WSIS Declaration for Building of Information Society [4] and the Charter of Human Rights and Principles for the Internet [5] also have played a significant role in furthering the inter-linkage between human rights and Internet.</p>
<p>The Internet and human rights policy developments have gathered significant relevance in international human rights law and Internet policy fora. But it is interesting to note that the Indian government and state institutional mechanisms have not yet pro-actively accepted relevance of applying human rights norm to the Internet medium in India.</p>
<p>As an essay in the Studying Internet series, it is important to highlight how human rights acts as underlying factors in many socio-political issues pertaining to Internet in India. Analysis of these issues helps us to understand that, even though the Indian state turns a blind eye to the human rights element in the various socio-political issues relating to Internet, the digitally conscious Indian’s have realized their rights and even fought their own battle for exercising their rights.</p>
<p>In recent years, the Internet discourse in India has witnessed many socio-political concerns. This essay would be exploring the pertinent socio-political issues in Indian context and the underlying link to human rights thread. Globally, exploring Internet from the perspective of human rights brings out multitude of issues, which requires application of established human rights norms of right to privacy, freedom of expression, access. The story in India is no different. In this regard, three socio-political issues relating to Internet, which gained much attention in India roughly in last one year, are being analyzed. Interestingly, all three issues have an underlying thread of human right perspective connecting them and need pertinent deliberation from human rights perspective.</p>
<p> </p>
<h2>Section 66A and Freedom of Speech and Expression</h2>
<p>The lack of freedom of expression on Internet and Section 66A of Information Technology Act, 2000 is an interesting case study. Indian government used Section 66A as a tool for extensive surveillance and had taken criminal legal action against the Internet and social media users for posting the offensive comments and posts. But Section 66A was badly drafted allowing the government to initiate criminal legal action in an arbitrary and whimsical manner. Thus such a provision could be misused by the state for curbing the freedom of expression in the Internet sphere. The rampant usage of the Indian state machinery of Section 66A had led to sharp reaction amongst the Internet and social media users in India. The vagueness in language and unconstitutionality of Section 66A were criticized by legal experts. The action of state machinery in arresting a cartoonist, a professor and two girls in Maharashtra [6] (and many others) for comments and post on social media against politicians, had made it evident the lack of respect for freedom for speech and expression on Internet by the Indian state machinery (Most of these incidents took place during the year 2012). These incidents led to wide spread protest for violation of human right to freedom of speech and expression by the digital media users. When the Public Interest Litigation [7] filed by Shreya Singhal led to the Supreme Court striking down the Section 66A on 24th March, 2015 for lack of due process being followed, it was a water shed moment for internet discourse in India. The significance of human rights (especially the freedom of speech and expression) in the Internet medium got asserted.</p>
<p> </p>
<h2>Net Neutrality and Internet Access Issue</h2>
<p>The recent net neutrality debate in India has also evoked deliberation about the right of equal access to Internet and the need to maintain Internet as a democratic space. The net neutrality debate on keeping Internet a democratic space that is equally accessible to everyone has got much vogue in India. An important point that needs to be emphasized in the debate regarding net neutrality in India is the equal access question being raised. The equal access question is more a product of the lack of regulatory clarity regarding TRAI’s (Telecom Regulatory Authority of India) capacity to regulate the Over-the top (OTT) services; coupled with the lack of well stipulated right to internet access in the Indian context.</p>
<p>The net neutrality rides on the premise that the entire data available on the Internet should be equally accessible to everyone. No discrimination should be allowed regarding access to a particular website or any particular content on the Internet. Tim Wu, a renowned scholar in Internet and communication law has mentioned in his seminal work, <em>Network Neutrality and Broadband Discrimination</em>, that network neutrality signifies “an Internet that does not favor one application” [8].</p>
<p>In this regard, there has been a constructive dialogue between the Federal Communication Commission in United States and the various stakeholders. An interesting development was a proposition, which attempted to classify broadband internet service access as a public utility [9]. There is much relevance for such debates in the Indian context. India also needs public participation (especially strong voices from internet user’s perspective) to highlight these access concerns regarding Internet. Human right’s concerns regarding Internet should be pro-actively brought to the attention of regulatory institutions such as TRAI. There is need to balance the economic and for-profit interest of service providers with the larger public interest based on equal access.</p>
<p>The pressure created by public opinion through online activism upon the TRAI’s proposal to regulate the OTT services helps in understanding the power of public participation in the pertinent human rights issues relating to Internet [10]. The broader design in which the principle of human rights in the context of Internet medium would have to be asserted in India is also vividly seen in the case of protest against OTT regulation.</p>
<p> </p>
<h2>Right to be Forgotten in EU and Repercussions in India</h2>
<p>The repercussions of ‘Right to be Forgotten’ judgment of European Union also had led to debate of similar rights in Indian context. The Google v. AEPD and Mario Cosjeta [11] is an interesting case decided by the Court of Justice of European Union, where the court held that based on the right to privacy and data protection, persons could ask databases (this case was against the search engine Google) on Internet medium to curtail from referring to certain aspects of their personal information [12]. This is basically referred to as ‘right to be forgotten’.</p>
<p>Viktor Mayor Schonberg in his book <em>Delete: The Virtue of Forgetting in Digital Age</em> has elaborated the problem of how the digital age coupled with the Internet has led to store, disseminate and track information in a substantially easy way and advocates for the more informational privacy rights [13]. In this judgment, the Court of Justice of European Union has furthered the information privacy rights in the European Union with the ‘right to be forgotten’.</p>
<p>In the Indian context, it is important to note that information privacy rights are yet to evolve to the extent that of European Union with definite privacy and data protection law. But interestingly, there was a request made to a media news website by a person attempting to enforce the right to be forgotten [14]. Even though the application of right to be forgotten is not directly applicable in the Indian context, this event throws light to the fact that Internet users in India are becoming conscious of their rights in the Internet space. The way Indian news media gave relevance to the right to be forgotten ruling also is an example of how there is an implicit recognition of the interlink between human rights and Internet that is slowly seeping into the Indian milieu.</p>
<p> </p>
<h2>Internet Discourse in India and Human Rights</h2>
<p>Discussion of the three issues mentioned above points out to an important fact that human rights are not pro-actively applied to the Internet medium by the Indian state machinery. Even though the international human rights law and various Internet policy organizations are pushing the Internet and human rights agenda, the same is yet to gain momentum in India.</p>
<p>But at the same time, an interesting development that could be witnessed from the above discussion is the manner in which the Internet users are asserting their rights over the Internet and slowly paving the path for an enriching view towards applying the human rights perspective to Internet. In the first instance, the freedom of speech and expression was not pro-actively applied to the digital space and Internet. This has happened when Article 19 of Constitution of India has clearly provided for freedom of speech and expression. The second instance of net neutrality has thrown wide open the lack of clear policy regarding Internet access in Indian context. The public opinion has pointed out to the fact that there is a public interest demand to ensure that there is no discrimination in the case of Internet access. The third instance of looking at ‘right to be forgotten’ in Indian perspective, provides the understanding that the users of Internet are becoming conscious of their individual rights in the digital space in a more affirmative manner.</p>
<p>Further, the operationalization of human rights in these three instances also needs to be critically looked into. The assertion of the freedom of speech and expression in the Internet medium could be made possible effectively due to the fact that Article 19 of the Constitution of India, 1950, protects freedom of speech and expression. The vast amount of precedence existing in the field of freedom of speech and expression relating to constitutional litigation and allied jurisprudence has helped in crafting the extension of the right of freedom of expression to the digital medium of Internet. Further, using the social action tool of Public Interest Litigation, the unconstitutionality of Article 19 of the Constitution of India, 1950 could be brought before the Supreme Court.</p>
<p>But interestingly, the net neutrality issue, which is concerning the access to Internet in a non-discriminatory manner, is yet to be perceived in Indian context from a strong human rights perspective. Internet access as a public utility concept is yet to be evolved and articulated in concrete manner in the Indian context. Further, the Indian network neutrality discourse attempts to operationalize through the free market approach. In the free market approach the entire non-discriminatory access has to be ensured by the market competition with the necessary regulatory bodies. In this sense, the human rights angle of access to Internet will have to be ensured by effective competition in the market along with the proper oversight of regulatory bodies such as TRAI and Competition Commission of India. It is important for the regulatory bodies to have broad goals for furthering public interest by ensuring non-discriminatory access to Internet. Further, with the financial and infrastructure led limitations of government’s capability of ensuring access to Internet for all, the market-led model with sufficient regulation might be the right way forward.</p>
<p>Looking at the issue of the right to be forgotten, it could be easily perceived that the Indian milieu is yet to articulate privacy rights to that high standard. Even though the right to privacy is being understood in the constitutional law context through effective interpretation by the judiciary, the concept of digital privacy has not yet evolved in India. There is no collective understanding, till now, that has emerged regarding right to be forgotten in India. Even though individual attempts to assert the right was witnessed, there is much room for an evolved collective understanding in Indian context. Civil society organizations would have a crucial role to play in this regard.</p>
<p>There is an emerging consciousness amongst a set of Internet users in India, who values and gives importance to the Internet being a democratic space, without unwanted restriction from the government machinery or even the private entities. Hence looking at the Internet discourse of India from the perspective of human rights, there is an implicit way in which the human rights are being applied to the Internet space. The lack of a state’s pro-active approach in asserting human rights to Internet space is highlighted by the assertions being made by the Internet users in India.</p>
<p> </p>
<h2>Way Forward</h2>
<p>For Internet to remain as a democratic space, there is need for pro-active application of these human rights norms and clear understanding in Internet governance. At present, the state of affairs in India regarding application of human rights to Internet is far from satisfactory.</p>
<p>This essay which is part of the ‘Studying Internet in India’ series, has till now done a stock taking analysis of emerging dimension of human rights and Internet in India. Lack of interest from government and state machinery to further the human rights and Internet dimension need to be seriously reconsidered. Attempting to intervene in Internet law and policy in India from the rights based approach should be an important agenda for furthering digital rights in India. For this, civil society organizations have an important role to play. Exploring the public interest could be done effectively with public participation of stakeholders. Here in, platforms such as India Internet Governance Forum could play a crucial role.</p>
<p>Apart from the civil society organizations, it is also pertinent for state and governmental institutional mechanism to also take a pro-active stance. For ensuring that the rights based approach to Internet has to be duly included in the Internet law and policy; and there should be institutional mechanism, which could look into areas pertaining to human rights and Internet. It is a well know fact that India lacks institutional mechanism for looking into communication and privacy issues regulation. Further, the National Human Rights Commission (NHRC) also needs to look at the relevance of human rights for Internet. Inspiration could be drawn from the pioneering work of Australian Commission of Human Rights on applying human rights norms and standards to Internet medium [15]. This essay has only flagged the need to apply the established human rights norms to Internet space. Much more issues such as access to Internet by disabled, safety of children and Internet medium are also pertinent areas.</p>
<p>Moreover, it is important to have digital rights of Internet users in India to be explicitly enshrined in a legal framework. Presently, a gap in law and policy framework regarding human rights and Internet is evident, as highlighted in this essay. The pertinent questions regarding access, privacy and freedom of expression are to be taken seriously by the government and state machinery for which clear and well-defined rights relating to Internet space have to be framed. For Internet and human rights to be taken seriously, it is high time that legal and institutional framework to explore these issues also are evolved.</p>
<p> </p>
<h2>Emphasizing the Right to Communication in India</h2>
<p>Further, the present understanding of right to communication in India, which is perceived in narrow manner, could be re-worked with the help of a pro-active application of human rights norms to the Internet governance. The intrusion into the freedom of speech and expression especially in the telecommunication context has to be highlighted. Protection of communal harmony has been used as rationale for capping the number of the SMS messages that could be sent per day during the exodus of people of Northeastern states origin from Bangalore, Pune and other major cities in India.</p>
<p>This move has been criticized for being unreasonable and universality of capping the number of SMS messages [16]. Further, the telecommunication and Internet services (especially Facebook and YouTube) were blocked in Kashmir for restricting the protest [17]. The telecommunication and Internet services were blocked on the grounds of protection of national security. The reasonableness of restrictions that could be imposed on right to communication is a major concern in the above-mentioned instances. Making a blanket ban applicable in a universal manner undermines the right to communication of various genuine users of bulk messaging and social media sites.</p>
<p>The right to communication especially in the digital and telecommunication media needs to be emphasized. Applying human rights perspective and norms to Internet governance would help in articulating and evolving the right to communication in India. With adequate institutional oversight, the human rights norms could make the digital right to communication an effective right.</p>
<p>To conclude, the Internet discourse in India has already paved path for human rights norms to be applied to Internet space. The seriousness that could be attributed to those rights is evident by the assertions by the Internet users in India. But the state and government machinery in India also should explore the human rights and Internet agenda seriously.</p>
<p> </p>
<h2>Endnotes</h2>
<p>[1] Frank La Rue, Report Of The Special Rapporteur On The Promotion And Protection Of The Right To Freedom Of Opinion And Expression, Available at <a href="http://www2.ohchr.org/english/bodies/hrcouncil/docs/17session/A.HRC.17.27_en.pdf">http://www2.ohchr.org/english/bodies/hrcouncil/docs/17session/A.HRC.17.27_en.pdf</a> (Last accessed on 25/05/2015).</p>
<p>[2] Ibid, Special Rapporteur in the Report points out that the language of Article 19 of ICCPR is media neutral and is applicable to online media technological developments also. Para 20 and 21 of the Report.</p>
<p>[3] UN High Commissioner on Human Right, Report on ‘The Right To Privacy In The Digital Age’, Available at <a href="http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session27/Documents/A.HRC.27.37_en.pdf">http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session27/Documents/A.HRC.27.37_en.pdf</a> (Last accessed on 25/05/2015).</p>
<p>[4] WSIS Declaration for Building of Information Society, Available at <a href="http://www.itu.int/wsis/docs/geneva/official/dop.html">http://www.itu.int/wsis/docs/geneva/official/dop.html</a>. (Last accessed on 25/05/2015). Article 58, WSIS Declaration reads as follows: “The use of ICTs and content creation should respect human rights and fundamental freedoms of others, including personal privacy, and the right to freedom of thought, conscience, and religion in conformity with relevant international instruments”.</p>
<p>[5] Charter of Human Rights and Principles for the Internet Available at <a href="http://internetrightsandprinciples.org/site/wp-content/uploads/2013/10/IRP_booklet_final1.pdf">http://internetrightsandprinciples.org/site/wp-content/uploads/2013/10/IRP_booklet_final1.pdf</a>, (Last accessed on 25/05/2015).</p>
<p>[6] See Section 66A:Six Cases That Sparked Debate, Available at <a href="http://www.livemint.com/Politics/xnoW0mizd6RYbuBPY2WDnM/Six-cases-where-the-draconian-Section-66A-was-applied.html">http://www.livemint.com/Politics/xnoW0mizd6RYbuBPY2WDnM/Six-cases-where-the-draconian-Section-66A-was-applied.html</a>, (Last accessed on 25/05/2015). Also see, Facebook Trouble:10 Cases of Arrest Under Section 66A of IT Act, Available at <a href="http://www.hindustantimes.com/india-news/facebook-trouble-people-arrested-under-sec-66a-of-it-act/article1-1329883.aspx">http://www.hindustantimes.com/india-news/facebook-trouble-people-arrested-under-sec-66a-of-it-act/article1-1329883.aspx</a> (Last accessed on 25/05/2015).</p>
<p>[7] Shreya Singhal v. Union of India, Available at <a href="http://indiankanoon.org/doc/110813550/">http://indiankanoon.org/doc/110813550/</a> (Last accessed on 25/05/2015).</p>
<p>[8] Tim Wu, Network Neutrality, Broadband Discrimination, Available at <a href="https://cdt.org/files/speech/net-neutrality/2005wu.pdf">https://cdt.org/files/speech/net-neutrality/2005wu.pdf</a> (Last accessed on 25/05/2015).</p>
<p>[9] F.C.C. Approves Net Neutrality Rules, Classifying Broadband Internet Service as a Utility, Available at <a href="http://www.nytimes.com/2015/02/27/technology/net-neutrality-fcc-vote-internet-utility.html">http://www.nytimes.com/2015/02/27/technology/net-neutrality-fcc-vote-internet-utility.html</a> (Last accessed on 25/05/2015).</p>
<p>[10] The online campaign by www.savetheinternet.in and the AIB video have played a crucial role in gathering public support.</p>
<p>[11] Court of Justice of European Union, Case C-131/12.</p>
<p>[12] Rising like a Phoenix: The ‘Right to be Forgotten’ before the ECJ, Available at <a href="http://europeanlawblog.eu/?p=2351">http://europeanlawblog.eu/?p=2351</a> (Last accessed on 25/05/2015).</p>
<p>[13] Viktor Mayor Schonberg, Delete: The Virtue of Forgetting in Digital Age, Princeton University Press (2009).</p>
<p>[14] Right to be Forgotten Poses A Legal Dilemma in India, Available at <a href="http://www.livemint.com/Industry/5jmbcpuHqO7UwX3IBsiGCM/Right-to-be-forgotten-poses-a-legal-dilemma-in-India.html">http://www.livemint.com/Industry/5jmbcpuHqO7UwX3IBsiGCM/Right-to-be-forgotten-poses-a-legal-dilemma-in-India.html</a>, (Last accessed on 25/05/2015). Also see We received a Right to be Forgotten request from an Indian user, Available at <a href="http://www.medianama.com/2014/06/223-right-to-be-forgotten-india/">http://www.medianama.com/2014/06/223-right-to-be-forgotten-india/</a> (Last accessed on 25/05/2015).</p>
<p>[15] Human Rights and Internet, Available at <a href="https://www.humanrights.gov.au/our-work/rights-and-freedoms/projects/human-rights-and-internet">https://www.humanrights.gov.au/our-work/rights-and-freedoms/projects/human-rights-and-internet</a> (Last accessed on 25/05/2015).</p>
<p>[16] Chinmayi Arun, SMS Block as Threat to Free Speech, Available at <a href="http://cis-india.org/internet-governance/www-the-hindubusinessline-op-ed-sep-1-2012-chinmayi-arun-sms-block-as-threat-to-free-speech">http://cis-india.org/internet-governance/www-the-hindubusinessline-op-ed-sep-1-2012-chinmayi-arun-sms-block-as-threat-to-free-speech</a> (Last accessed on 15/07/2015).</p>
<p>[17] Pamposh Raina and Betwa Sharma, Telecom Services Blocked to Curb Protests in Kashmir, Available at <a href="http://india.blogs.nytimes.com/2012/09/21/telecom-services-blocked-to-curb-protests-in-kashmir/?_r=0">http://india.blogs.nytimes.com/2012/09/21/telecom-services-blocked-to-curb-protests-in-kashmir/?_r=0</a> (Last accessed on 15/07/2015).</p>
<p> </p>
<p><em>Author's Note: All the views expressed are my own and in no way are linked to the opinion of my employers. I thank CIS for this opportunity to explore Internet and Human Rights interface in India as part of the Studying Internet in India essay series.</em></p>
<p><em>Note: The post is published under <a href="https://creativecommons.org/licenses/by/4.0/" target="_blank">Creative Commons Attribution 4.0 International</a> license, and copyright is retained by the author.</em></p>
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No publisherDeva Prasad MHuman RightsInternet StudiesRAW BlogHuman Rights OnlineResearchers at Work2015-07-22T04:18:37ZBlog EntryEffective Activism: The Internet, Social Media, and Hierarchical Activism in New Delhi
http://editors.cis-india.org/raw/blog_effective-activism
<b>This post by Sarah McKeever is part of the 'Studying Internets in India' series. Sarah is a PhD candidate at the India Institute, King’s College London, and her work focuses on the impact of social media on contemporary political
movements. In this essay, she explores the increasingly hierarchical system of activism on the Internet, based on Western corporate desire for data, and how it is shaping who is seen and heard on the Internet in India.</b>
<p> </p>
<h2>Background</h2>
<p>I will preface this post by stating that as an American, my personal experience of the Internet has been shaped by nearly 18 years as an active user. My experience with digital interfaces, websites, and social media has been formed through my experiences during the Internet revolution in the United States. Academic and personal training have shaped what I determine to be trustworthy, useful, and credible when searching for information. This post is based on field research I am conducting in New Delhi from January through June 2015.</p>
<p>With these preconceptions and standards in mind, I began to research organisations that I felt were credible enough to approach for interviews in January 2015. My current research project investigates the impact that social media has had on the issues of corruption and violence against women in New Delhi, following the social movements on these issues in 2011-2012 and 2012-2013 respectively. I started at an organisational level in order to research the impact that social media and the movements themselves had on organisations working on these issues. Areas of interest include any changes in issue engagement and discourse around gender violence and corruption. I focused exclusively on organisations that have an office in New Delhi and engage in activism in an urban context. Many of these organisations also have a presence in other states and include rural as well as urban projects. I conducted semi-structured interviews in order to engage with the changes wrought by the digital on a qualitative rather than quantitative basis.</p>
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<h2>Activism and Digital Hierarchy: A Divided Internet?</h2>
<p>While conducting initial research, I began to investigate two separate but related areas of inquiry. The first was relatively straightforward: what type of differences were there between groups which actively engaging with the affordances of the Internet and Web 2.0? In my research I examined online awareness groups and campaigns as well as more traditional advocacy and awareness groups that were struggling to translate their work onto the Internet and on social media.</p>
<p>While engaging with the first question, I quickly discovered that the divide between how organisations leveraged the affordances of the Internet - and social media in particular - was stark. Earl and Kimport (2011) write that organisations that directly translate previous advocacy on the ground onto the Internet fail to fully leverage the affordances of the Internet. Organisations that effectively utilise the strengths of the Internet - including flash tactics, crowd-sourcing, and networked leadership - have in fact transformed the world of activism. They have created a new type of “digital activism” through the use of an increasingly digital networked society (Castells 2010, Rainie and Wellman 2012). While this is a simplification of the overall argument – and I personally would argue that in actuality organisations work on a range of digital capabilities and the idea of a spectrum rather than a binary division would be more appropriate at this point – it was clear that both sides were struggling to reach some sort of equilibrium between each other’s capabilities when I conducted interviews with them.</p>
<p>The second inquiry stemmed from my engagement with the first: how was the “active” use of the Internet and social media by an organization translating into an interpretation of their effectiveness? In other words, was an “active” social media presence and a slick website contributing to an impression that they were somehow more impactful than the organisations which lacked these features and is this phenomenon creating a new hierarchy of activism in Delhi?</p>
<p>Many of the organisations that I spoke with who used the Internet and social media “well,” attracted foreign attention and funding. It is clear there is a monetary incentive for organisations to be present and easily accessible via search engines and social media platforms. And while social media has become a huge selling point in India - including in last year’s Parliamentary elections - much of the funding and attention appears to come from outside of India in these particular cases. While social media has become a popular tool for outreach in New Delhi, the emphasis placed on it is possibly being driven by forces outside of India in the activist sphere.</p>
<p>Organisations that had been involved in advocacy and grassroots activism before the Internet boom in India discussed the struggle to make effective use of the affordances of the Internet. My participants unilaterally expressed a desire to engage with the digital audience in India – an audience of approximately 310 million users according to Internet Live Stats (2015) – but were often ill equipped to do so. Stated difficulties included a lack of a dedicated communications and media strategist, lack of experience with social media and web design, and difficulty translating nuanced discussion onto social media sites which are not necessarily designed to facilitate complex and controversial discussions. Some participants directly stated that an online presence, whether it was effective or not, had become essential to obtaining foreign funding and attention, as a digital presence represents a tangible deliverable when applying for foreign grants.</p>
<p>It is clear from any cursory examination of social media sites that the mediums demand an increasing amount of content from its users. Simply put, the more you post, the more you are seen and heard above the increasing noise and chaos of social media. And if being seen and heard represents success, the message itself can get lost in translation. Click bait, sponsored posts, and buzzy headlines attract far more attention and gain more traction than any post attempting to create nuance and demand deeper engagement, at least in the cases I have personally observed and in my experience with activist groups.</p>
<p>The growing popularity of social awareness campaigns and organisations designed for the online world were quite obviously far more successful in utilising social media and web pages to draw attention to a specific issue. These campaigns especially were extremely popular with Delhi youth in particular and effectively used visual displays - such as crowd-sourced images and provocative posters - to highlight issues of gender violence and corruption. Occasionally some participants were outwardly dismissive of older advocacy groups, which they felt were out of step with the times and content to stay in their comfort zones.</p>
<p>In spite of the success of many online campaigns on the issues I researched, few were able to translate the momentum generated by the campaign into a broader discussion and deeper engagement on their chosen issue. While some participants stated this was not necessarily what they desired to do - some chose to remain purely as an awareness campaign without moving into advocacy - other participants stated a desire to do more and engage with the complex cultural, societal, and political constructs surrounding gender and corruption in India. When they attempted to engage in this more nuanced conversation, they often lost momentum on social media and occasionally stopped their campaign efforts altogether.</p>
<p>The rift was clear, and the struggle to merge worlds and effectively translate a variety of skill sets into effective advocacy was fairly well delineated. What troubled me was the implicit assumption that was being made around “effective” and “good” use of the Internet and social media. Why did a glossy website and an “active” social media presence appear to translate into organisational effectiveness? What was driving that assumption? It was an assumption I occasionally found myself making when researching organisations and even in some of my earliest interviews. Why did daily Facebook posts, likes, multiple Tweets, and followers translate into an interpretation of success and impact?</p>
<p>As Western, and in the case of Facebook and Twitter, American publically traded companies, there is a clear business prerogative in encouraging ever-increasing usage of their sites. More posts and tweet equals more data, which can then be analyzed or sold to a variety of different entities that want to utilise this data to create wealth. Facebook and Twitter also happen to be sites that can be used to generate conversation around key issues and act as an easy way to aggregate thousands, if not millions, of users behind a cause. The Arab Spring, Occupy Wall Street, and the Delhi Rape case mobilisations are only some of the hundreds of cases where social media sites have played a key role in mobilizing political, social, and cultural change.</p>
<p>However there is a corporate prerogative at work that is often ignored in these narratives. It is in a social media companies’ best interest to encourage frequent usage, as this is how free services generate revenue. Those who post the most win the race to be seen and heard. Those who do not - or do not have the funds to pay for sponsored posts or tweets - get lost in the shuffle, viewed as out of step and struggling to adapt to modern urban India, regardless of the quality work they may be doing offline. The “good” user is the most active user, regardless of what the content actually is. It can easily be termed as a binary between quantity versus quality, but this diminishes the extremely effective and thoughtful work of some digital media campaigns, which demands a different type of quality to actually become an impactful movement. It is therefore a more complex phenomenon than blindly generating massive amounts of content, but this is certainly a critical piece to digital success.</p>
<p>My conclusion, and one which was discussed and inspired by an early participant, was that it was the social media platforms – including key sites like Facebook, Twitter, and to a lesser extent YouTube - were partially generating and multiplying the aura of effectiveness around organisations and groups which had heavily emphasized social media as a core part of their outreach strategy. This is not to deny the very real success that several of these campaigns have had in generating conversation and change around critical issues in India. It instead questions why our notion of success and effectiveness has been altered so quickly, especially in an urban and digital context.</p>
<p>Based on my fieldwork, I encountered a digital hierarchy in three different aspects in activist groups. These divisions emerge at the level of search engines and ranking, web page aesthetics, and finally social media usage and statistical data. I will briefly examine these levels in the following sections.</p>
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<h2>Level I: Search Engines and Page Rankings</h2>
<p>The first was generated at the level of the search engine. Higher ranked and frequently visited websites appear higher on any search engine page, based on the search algorithm. In the first searches I conducted, several organisations with well-developed and easily navigable websites always appeared high on the search page, and were the first organisations I made contact with. As I began to dig deeper into partner organisations and get recommendations from my participants, I discovered new organisations that had never appeared in any search I had conducted, in spite of their clear links to the issues I was researching. These organisations have less of an audience and less of a digital voice from the very beginning. This is not even engaging with the issue of language on the Internet, as all of my searches were in English and not in Hindi or any other language spoken in India and were focussed initially only on organisations with an office in Delhi.</p>
<p>A second issue at the level of the search engine was that the organisations that appeared highest on the list had links to larger partner organisations in Europe and the United States, and occasionally had head offices in New York or London. The larger global presence may have had an impact on page ranking, as they were more likely to be searched for and recognised globally. The dominance of English on the Internet may also play a role, limiting the potential set of results, though again I made this decision consciously. Language choice has had a demonstrable impact on what a person sees on the Internet and what appears using the same search term. The burden of visibility influencing potential digital impact is clear, and practically forces some organisations to invest in a digital presence without a clear digital strategy. This can prove extremely detrimental – especially if the web page proves difficult to navigate and use, which I discuss in the following section - and move investment away from advocacy and programmes on the ground. Visibility is also a key concern for groups that exist purely as a digital campaign, as their potential success is based almost solely on how easy they are to find. Failure leads to diminished searches and lower rankings outside of the first results page from a search engine, which few people click beyond, thus dramatically limiting the impact an organisational webpage can have from the very beginning.</p>
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<h2>Level II: Webpage Aesthetics</h2>
<p>The second area consisted of the content and ease of use of the website. As a researcher, I was compelled to look into every recommended organisation that engaged with the issues I was researching. That being said the organisations with more developed websites caught my attention and implicitly created the impression that it was a more desirable contact. This is quite obviously not the case in reality, and often the organisations that had less advanced websites and appeared technologically less capable proved to be highly credible sources doing commendable work. However the difficulty of navigating some of the websites, which included issues such as broken hyperlinks, difficult interfaces, and offered very little information on the activities of the organisations would prove deeply unappealing to an observer with less motivation than myself. Going against my own training and experience and trusting the power of the network of recommendations on the ground proved to be just as useful as fairly random web searches. In terms of first impressions, it is difficult to move beyond these issues of navigation for an outside observer which expects a quality organisation to have a quality website.</p>
<p>Again, organisations with head offices based in the United States or Europe often were easily navigable and had high quality webpage design, representing a clear trend and highlighting the emphasis placed on the digital aboard. It was also very clearly which organisations had started on the Internet, based purely on design and functionality, though there was a certain bias as the Internet campaigners I spoke too had all had had great success as an online campaign. Finding failed campaigns would have added a key counterpoint to my work, but the difficulty of doing so proved insurmountable for this particular project. Design and navigability are key indicators of skill and investment in digital presence from an outsider’s perspective. It is less than representative of the story on the ground and the success of an organisation, especially if it is not a purely digital entity.</p>
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<h2>Level III: Social Media Use and Statistics</h2>
<p>The third and final level I encountered was determined by social media use. For every organization or participant I met I did cursory research on the various social media platforms they used, how many likes or followers they had near the day of my interview, and roughly how often the organization posted and tweeted. About 90% of my participant organisations had a least a Facebook page and a Twitter account. The number of followers varied widely, from about 200 to nearly 200,000 on Facebook and Twitter. Daily posts and variety of content was a key component to the success of the more widely followed groups online. It was immediately clear that groups that posted sporadically and without immediately stimulating content did not generate or gain nearly as much digital attention.</p>
<p>Many organisations discussed the struggle to move beyond a closed and familiar network, to reach out to the audience they know is there. But without a clear strategy, and even more importantly without a dedicated communications position, their digital engagement often mirrored their offline audience; a closed network of individuals already dedicated to change in the area the organisation was working in. They often failed to meet the incessant demands of the medium for easy content and had difficulties expanding their reach or message beyond their previously established networks of influence.</p>
<p>Those organisations which were able to attract digital attention on social media, while feeling it was an important tool for outreach – especially for youth in Delhi – and places where conversations on key issues could take place, also discussed the importance of social media statistics as a measurable deliverable. Donors, especially foreign funders, placed an emphasis on growth on social media sites as an indicator of success and growing influence. Whether social media growth can actually be an indicator of influence is still up for debate, but it is indicative of the notion that success means quantity, rather than quality, similar to the Western corporate prerogative of growth. That this is the new measure and standard of success for an activist organization is a troubling trend, and one unlikely to change in the near future.</p>
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<h2>Conclusion</h2>
<p>I have argued that corporate strategies and imperatives are creating this new class system of activism in India. I labelled it a “Western” corporate strategy, based on the American origins of the main players Facebook and Twitter, which are the predominate mediums my participants engaged with and have some of the largest audiences in India. Facebook had 108 million users of May 2014 Twitter has around 19 million users (Statista 2015) in India, though these are estimates and in all likelihood there has been an increase in users. The new hierarchy masks the reality that impact and results cannot be measured by likes and retweets. While there is indeed power in these particular sites, the difficulty in documenting what influence actually translates into in the offline world is a well-documented debate. I do not doubt that the Internet and social media, in urban and increasingly in rural India, have great affordances. But these advances do not have to come at the expense of equally important organisations whose ability to translate these messages digitally is more limited than others, especially when this hierarchy is partially generated by corporate sensibilities whose sole aim is profit generation.</p>
<p>While this hierarchy has been explored as an issue of second-level digital divide- where the issue is not lack of access but lack of training and knowledge of the digital world – I do not believe this is the only issue at stake. The increasing power of large companies to determine the way we interact and the rules of effective communication and transmission are deeply troubling, and leaves little room for alternatives. Collaboration can be an effective way of mitigating some of the differences, but this option is not always available to every group.</p>
<p>While these are questions that require further examination, it is clear that there is a divide between organisation’s digital strategies and whether they are able to leverage the affordances of the Internet and social media applications. I have argued that the operational aspects of social media sites increase this divide in particular, as they demand increasing amounts of data to generate profit. A strong digital presence is increasingly linked to an idea of effectiveness and impact, without investigating offline realities. This in turn can lead to a new hierarchy of activism, which limits the voices of some and magnifies the digital voices of others who are clearly better at manipulating the advantages of the Internet. I do not wish to say that offline activism is more effective than online activism and that we should not engage with digital mediums to promote. I only seek to question how this increasingly digital reality is creating a hierarchal system that is not reflective of offline reality, question what knowledge might be left behind in the process, and critically examine the underlying structures and platforms underlying the growing field of digital activism in India.</p>
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<h2>References</h2>
<p>Castells, M. (2010) Networks of Outrage and Networks of Hope: Social Movements in the Internet Age, Cambridge, MA: Polity Press</p>
<p>Earl, J. and Kimport, K. (2011) Digitally Enabled Social Change: Activism in the Internet Age Cambridge, MA: MIT Press</p>
<p>Internet Live Stats (2015) www.internetlivestats.com Accessed 23 May 2015</p>
<p>Rainie, L. and Wellman, B. (2012) Networked: The New Social Operating System, Cambridge, MA: MIT Press
Statista (2015) www.statista.com Accessed 25 May 2015</p>
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<p><em>The post is published under <a href="https://creativecommons.org/licenses/by/4.0/" target="_blank">Creative Commons Attribution 4.0 International</a> license, and copyright is retained by the author.</em></p>
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<p>
For more details visit <a href='http://editors.cis-india.org/raw/blog_effective-activism'>http://editors.cis-india.org/raw/blog_effective-activism</a>
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No publisherSarah McKeeverSocial MediaDigital ActivismResearchers at WorkRAW Blog2015-07-16T08:22:13ZBlog EntryUsers and the Internet
http://editors.cis-india.org/raw/blog_users-and-the-internet
<b>This post by Purbasha Auddy is part of the 'Studying Internets in India' series. Purbasha is a SYLFF PhD fellow at the School of Cultural Texts and Records (SCTR), Jadavpur University, with more than eight years of work experience in digital archiving. She has also been teaching for the last two years in the newly-started post-graduate diploma course in Digital Humanities and Cultural Informatics offered by the SCTR. In this essay, Purbasha explores the constructions of the ideas of the Indian Internet users through the advertisements that talk about data packages, mobile phones or apps.</b>
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<p><iframe src="https://www.youtube-nocookie.com/embed/rg37kafMsWk?rel=0" frameborder="0" height="360" width="640"></iframe></p>
<p>A baby [1] is refusing to be born as (as we learn later, ‘his’) parents cannot afford high-speed internet for smartphones but wi-fi plans offered by an internet service provider satisfy the baby as if the baby is being born for the internet.</p>
<p>The baby [2] comes out of the womb, searches the net on a smartphone, cuts his own umbilical cord, takes a selfie with the nurse, opens every possible social media- account, takes his blue baby boy balloons and finds his own way out of the building leaving behind dumbstruck parents.</p>
<p>The two unreal situations that are described above are the two storylines of two advertisements of the same company trying to sell an internet connection. No, this article will not talk about the aesthetic appeal of these ads, but will look into such creative ways to locate the explanation of the internet and its users instead; to be precise internet and its Indian users.</p>
<p>The two ads described at the beginning do not show any Indian-ness but makes the viewer wonder about how far this ‘born for the internet’ baby can travel with an internet-enabled smartphone. Are these two ads trying to define the internet as a smart product or are they trying to classify the users of the internet rather as smart? Moreover how does one define the internet? It means more than a conglomeration of networks. At this point as I am trying to coin a definition of the internet on my own, my thought-process is occupied with the activities I do on the net but I fail to define it.</p>
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<h2>A personal note…</h2>
<p>In 1995, when VSNL launched the internet in India, I was 10, and engrossed in story books and comics. As I was growing up, I was discovering the world around through books, television, radio and newspapers. I was totally unaware of the practicality of the internet and it remained a fact of general knowledge. Not only me! Not a single friend of mine happened to use the internet or discussed keenly about it. My school did not offer a computer course either. After my +10 board exam, I requested (read demanded) my parents to enroll me in a computer training center which was near my house and had a government affiliation. I learnt basics of computer applications, the programming language Foxpro and basics of the internet. I even got to know how to create a basic webpage. Only when I was required to write a dissertation for my graduation, did I start going to a cyber café to type my dissertation and surf the internet. My parents were really apprehensive about what I was doing in a cyber café which was costing 30 rupees per hour!</p>
<p>Though my parents are still uneasy with the fact that ‘my generation’ remains glued to the internet most of the time, they are amazed on the other hand; how we do net banking, shop online, study, Facebook, exchange email, call a cab or order pizza etc. from the internet. They are happy to remain on the other side of the digital divide.</p>
<p>It has been twenty years that the Indian society has seen the ‘wrong side’ of the internet like hacking, phishing and other grave matters related to social networks. India is a complex society and so is the internet. But India, being the one of the largest potential markets, various services related to the internet are encouraging the probable consumers. Through the advertisements and publicity measures, they are trying to cleanse away the negative notions. They are capturing stories and characters that one can relate herself or himself to, very promptly. Even the ideas of Indian-ness, national integrity and the dreams of aspiring Indians are getting linked with the internet as mobile internet is penetrating very fast to balance the digital divide. Various events of online forgery, hacking and getting access to dicey websites (read pornography) and those matters which came as some sort of a cultural shock, made people less confident to use the internet.</p>
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<h2>Overcoming the fear…</h2>
<p>Recently, these notions have been countered by commercials by an antivirus company. The commercial shows a mother [3] who is no longer anxious to let her son surf the internet because now the antivirus allows her to enable parental control. It is helping the mother as she no longer has to keep constant vigil on the internet-related activities of her son. Other commercial shows a retired old man [4] is not sceptical anymore that his son sends money using online banking. His son and the man use the antivirus which offers safe online banking.</p>
<p>There are two more advertisements I want to describe; the first one features a young man [5] shopping online and updating the viewers that an antivirus protection means safe online transactions. In the second ad, a fashion designer [6] is not bothered to use pendrives as the antivirus scan will protect her computer. These four commercials attempt to confront the fear that pesters the minds of the potential consumers. No beautiful models, male or female, no beyond the world creativity, but simple and set with regular characters discussing vital issues were chosen to reach out to these potential customers.</p>
<p>The next commercial I would like to refer to is about an antivirus for smart phones. The ad creates a euphoria that portrays a bunch of college goers [7] who have the power to protect themselves from spyware and malware and can download various applications seamlessly. Thus the point of overcoming the ‘fear’ of the unknown and the uncontrollable is very important. Maybe the two ads featuring the ‘born for the internet’ baby I begun with, find relevance here. And the question should be asked here again: that how far can one travel along the path of life by means of a smartphone with an internet connection? The adverts suggest a very intelligent and exciting life for those who can access to internet. Everything is sorted if you can stay online. A lonely individual [8] can be a Twitter celebrity. Someone can showcase her or his talent [9] through social media; like one ad shows a girl becoming an online singing sensation by garnering lots of ‘likes’ and ‘shares’.</p>
<p>As mobile phones remains with us most of the time, accessing the internet from it is easier (compared to a computer) and a mobile phone is thus able to furnish prompt services. There are quite a few service providers that woo us with different approaches. Compared to selling internet connections, it is perhaps far less complicated to produce campaigns for fast moving consumer goods. At least in the case of FMCG it is easier to explain the product which is within range of our four senses. But it is quiet a troublesome project to explain the internet given the social back drop in a country like India. This article will not take names of any of the service providers. Instead it will point out the strategies they are adopting to touch an emotional chord for the probable consumers keeping the existing ones. Furthermore, it would like to find out the nature and meaning of the internet and outlook of its users in the Indian scenario.</p>
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<h2>Power redefined…</h2>
<p>The internet providers proclaim through the advertisements that an internet connection on one’s mobile is a ‘power’ for her or him. The power that has the ability to bring all the nuances that is available around. Only the burning questions are:</p>
<ul>
<li>How to use the power? Whether to play online games, immerse oneself in social networking, and use a search engine to search for the unknown or perhaps read an academic article from Jstor? There are immense possibilities to the power.</li>
<li>How long can the power be used (read limited or unlimited connection)?</li>
<li>How much time does it take to get the result of the power (read the speed of the connection)? </li>
<li>And lastly and very importantly how much does this power cost?</li></ul>
<p>These uncertainties are answered by adverts with creativity and almost 20% of the Indian population tries to grab this power. But of course a large segment is still to be included (inclusion may be harder due to various socio-economic conditions that are deep-rooted within the Indian scenario) in the benefit-circle of this power called the internet. The following storyline of another television commercial shows the power called the internet which can allow pictures or videos to be exchanged instantaneously. An ad shows that the internet is a great help for a mother as she sends a picture of her wailing son after a hair-cut, to her husband. As soon as the mother reaches home with her sad boy, the father having got the same hair-cut also returns and is ready to soothe the boy.</p>
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<h2>Confidence building apparatus…</h2>
<p>Thus, through creative commercials, internet service providers are trying to tell that one should keep an internet connection handy to be confident so that Indians cannot be fooled by anybody anywhere. Several adverts are showcasing the following events that will not occur if one has a mobile internet connection. Such events are quite common and thus one can easily associate oneself with them.</p>
<ul>
<li>Not a single person on earth can fool you [10].</li>
<li>A corrupt political leader cannot go way without fulfilling the promises s/he made [11].</li>
<li>Baseless prediction of religious leaders can be countered [12].</li>
<li>And one of the ads went even further ahead to suggest that the population of India can be controlled if married couples spend time doing various activities that the internet has to offer [13]!</li></ul>
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<h2>Self-learning tool…</h2>
<p>The ads promote that one of the activities could be self-learning. There is an enormous package of everything available and it is a flexible way to learn. A slow learner [14] in school may not be given special attention in order to overcome learning difficulties but the internet is very patient and it will not complain. Learn how to write poems [15], how to cook, how to make a drone [16], learn French [17]. Furthermore these ads suggest that an internet user is a self-sufficient human being who can find her or his own way using a Google map! Just like two friends learning culinary skills from internet and opening up a restaurant.</p>
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<h2>An institution…</h2>
<p>At this point, the creative pursuit of the commercials take a leap and declare the internet (or the internet connection the particular company is providing) as an institution which is very much inclusive in nature. Those who are barred from getting admission in schools, colleges or universities, are welcome to learn through the institution called the internet and can establish themselves in mainstream society or can learn for the sake of learning. In this case, these ads have pointed out girls are not allowed [18] to go to school, a eunuch [19] is refused everywhere. But they are learning from the internet and compete with the more privileged in mainstream society. Other cases show a mother could not complete [20] her study in law, and her daughter is encouraging her to complete it through the internet. Lastly, these ads try to convince that the institution of the internet is cheaper than regular institutions.</p>
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<h2>Utility…</h2>
<p>Besides the ambitions of the internet stated above, the internet influences human minds in several other aspects. For example, generation gap can be healed if the society takes the bridge of the internet. About two years ago a commercial was produced with the one-liner: ‘Made for the young’ [21]. This ad shows an old man who parties with young boys, has a social network account, plays online games late at night, does video chat. These activities of the elderly character, who has a very optimistic approach towards life, are set in a mundane surrounding. Here it seems, the internet is bridging the generation gap by bringing into its fold and into the mainstream those people who might not have thought of using the internet in real life.</p>
<p>The notion of a huge expense that is incurred in maintaining an internet connection was busted when some service providers brought out ads which said that it was letting people watch a video for only one rupee. Very precisely, this one rupee campaign enacted the frequent quarrels [22] between a taxi-driver and his passenger over loose change and the taxi driver somehow not returning one rupee but instead showing a popular video to the passenger from his phone in lieu of that one rupee. The basic point of all the campaigns is to intensify the market and push the consumers to pay for it anyhow as an internet connection can bring magic to the consumers’ lives as the service providers claim. But who will pay for the internet connection? So they bring out campaign such as a family plan campaign [23] in which the earning member of the family is being encouraged to pay the cost for the internet packs of the other mobile connections in the family which are also provided by the same mobile service operator. These adverts show a family consisting of a super-lazy boy, an ever-angry father, a protective mother and a sweet, little sister needing the internet more than any other services like roaming, calls, or SMS [24].</p>
<p>Service provides are also trying to entice the consumers by providing some utilitarian services which are needed in day to day life. The following are examples of the storylines of a few other advertisements that help its service-takers to transfer money without even going to the banks. The service provider keeps the notion of flexibility of the internet, which can be used according to the need of the people of every segment of the society: a taxi driver [25] from the city sends money to his father in the village; a husband sends money to his pregnant wife [26], a college-going boy [27] requesting his elder brother to send money for mending his scooter. These characters are common and can be found in our everyday surroundings but such characters may be afraid to use such an online service for transferring money. The soothing and caring tone of theses adverts try to assure people to use the service.</p>
<p>As some of the adverts aim to clear the dilemma among prospective consumers, another set of ads celebrate friendship and urge consumers to go back to their roots. In this regard, a storyline of another commercial can be taken into consideration. It tells a story about some school friends [28] who become successful in their own vocations and who remain connected with the help of smartphones and internet connections. One of them locates an old ice-cream vendor in front of the school they used to study in. They came together to meet that vendor from whom they used to buy ice-cream to help him in his business. Here the online activities result in something meaningful.</p>
<p>This article tried to weave one narrative out of many narratives created by several internet service providers. The main intention of the article was to find out how the internet has been defined in the Indian context and how the users are being defined in the commercials. It is found that the internet may seem super-real (if we are not aware of the technical aspects, it is a real wonder!) at first glance but the commercials through the dramatizing efforts are trying to prove its usefulness in many ways. Just like when a young woman [29] finds out someone is retiring from her office, she starts sending photos of the man to their colleagues and instantly it creates a chain of forwarded messages and then everybody gathers to arrange a surprise farewell party. A happy picture indeed!</p>
<p>However something not bright and prosperous also needs to be mentioned. The internet service providers have been offering high speed internet and portray a happy smart life of Indians irrespective of social background and vocation but almost 80% of India remains untouched and are yet to receive the benefits of an internet connection.</p>
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<h2>Endnotes</h2>
<p>[1] MTS India. 2014. "MTS Internet Baby Full Version." YouTube. February 24. <a href="https://www.youtube.com/watch?v=rg37kafMsWk">https://www.youtube.com/watch?v=rg37kafMsWk</a>.</p>
<p>[2] Premium Adverts. 2015. "Baby - MTS TV Commercial Ad." YouTube. February 18. <a href="https://www.youtube.com/watch?v=T3krdHUji8A">https://www.youtube.com/watch?v=T3krdHUji8A</a>.</p>
<p>[3] Mukherjee, Pamela. 2014. "Quick Heal - TVC (Hin) Mother’s VO." YouTube. November 4. <a href="https://www.youtube.com/watch?v=so-bjUuErBQ">https://www.youtube.com/watch?v=so-bjUuErBQ</a>.</p>
<p>[4] Thoughtshop Advertising & Film Productions Pvt. Ltd. 2014. "QUICK HEAL 'OLD MAN.'" YouTube. July 16. <a href="https://www.youtube.com/watch?v=W1kOcz_1Ra8">https://www.youtube.com/watch?v=W1kOcz_1Ra8</a>.</p>
<p>[5] Thoughtshop Advertising & Film Productions Pvt. Ltd. 2014. "QUICK HEAL 'COOL DUDE.'" YouTube. July 16. <a href="https://www.youtube.com/watch?v=o2ot0J4ps4A">https://www.youtube.com/watch?v=o2ot0J4ps4A</a>.</p>
<p>[6] Subarna Enterprise. 2014. "Stay protected from virus infected pendrives with Quick Heal Total Security." YouTube. April 10. <a href="https://www.youtube.com/watch?v=_rLh0ng70Lc">https://www.youtube.com/watch?v=_rLh0ng70Lc</a>.</p>
<p>[7] Quick Heal. 2013. "Quick Heal Mobile Security TVC (Hindi)." YouTube. March 3. <a href="https://www.youtube.com/watch?v=cWiomVUHVHk">https://www.youtube.com/watch?v=cWiomVUHVHk</a>.</p>
<p>[8] MTS India. 2012. "MTS MBLAZE ‘Always On’ LATEST TVC - Anupam Mukerji." YouTube. July 24. <a href="https://www.youtube.com/watch?v=rWfyHMbKtsg"">https://www.youtube.com/watch?v=rWfyHMbKtsg</a>.</p>
<p>[9] afaqs. 2012. "MTS MBLAZE TVC - Shraddha Sharma." YouTube. July 17. <a href="https://www.youtube.com/watch?v=tsaJtPYTUF8">https://www.youtube.com/watch?v=tsaJtPYTUF8</a>.</p>
<p>[10] Idea. 2014. "Idea ‘No Ullu Banaoing’ Anthem TVC." YouTube. August 8. <a href="https://www.youtube.com/watch?v=CZhXSnJ8sXY">https://www.youtube.com/watch?v=CZhXSnJ8sXY</a>.</p>
<p>[11] Idea. 2014. "Idea ‘No Ullu Banaoing’ Politician TVC." YouTube. March 13. <a href="https://www.youtube.com/watch?v=OahDrQDU24k">https://www.youtube.com/watch?v=OahDrQDU24k</a>.</p>
<p>[12] Idea. 2014. "Idea ‘No Ullu Banaoing’ Baba TVC." YouTube. May 11. <a href="https://www.youtube.com/watch?v=mf2hYaHtBF4">https://www.youtube.com/watch?v=mf2hYaHtBF4</a>.</p>
<p>[13] Celeburbia Entertainment Media. 2011. "Idea 3G Funny Ad Campaign - India Over Population - Abhishek Bachchan Sir Ji Ad Series." YouTube. July 23. <a href="https://www.youtube.com/watch?v=EqtB-IaeEo8">https://www.youtube.com/watch?v=EqtB-IaeEo8</a>.</p>
<p>[14] Idea. 2015. "Idea Internet Network (IIN) Slow Learner 25 sec TVC." YouTube. May 4. <a href="https://www.youtube.com/watch?v=GXFk4VL9rWM">https://www.youtube.com/watch?v=GXFk4VL9rWM</a>.</p>
<p>[15] Idea. 2015. "Idea Internet Network (IIN) Military 25 sec TVC." YouTube. May 4. <a href="https://www.youtube.com/watch?v=PwAP6PmGzRs">https://www.youtube.com/watch?v=PwAP6PmGzRs</a>.</p>
<p>[16] Neela, Pradeep. 2015. "Idea Internet Network IIN TV Ad - Drone wala." YouTube. January 11. <a href="https://www.youtube.com/watch?v=UPTC945gsDo">https://www.youtube.com/watch?v=UPTC945gsDo</a>.</p>
<p>[17] Idea. 2015. "Idea Internet Network IIN Guide 20 sec TVC." YouTube. May 5. <a href="https://www.youtube.com/watch?v=UkQma9Tyt8E">https://www.youtube.com/watch?v=UkQma9Tyt8E</a>.</p>
<p>[18] Falguni, Vineet. 2015. "Idea Internet Network IIN Haryanvi 25 sec TVC." YouTube. January 20. <a href="https://www.youtube.com/watch?v=VdVRGxw4ROI">https://www.youtube.com/watch?v=VdVRGxw4ROI</a>.</p>
<p>[19] iDiotube. 2015. "Idea Internet Network IIN Eunuch 25 second TVC HD." YouTube. April 26. <a href="https://www.youtube.com/watch?v=yIZS_-Qm5Ro">https://www.youtube.com/watch?v=yIZS_-Qm5Ro</a>.</p>
<p>[20] Idea. 2015. "Idea Internet Network IIN Mother Daughter 20 sec TVC." YouTube. May 5. <a href="https://www.youtube.com/watch?v=pBHtLU7QGbE">https://www.youtube.com/watch?v=pBHtLU7QGbE</a>.</p>
<p>[21] Indian Tv Commercials. 2013. "Vodafone Commercial(Sep 2013)-Network(Latest Indian TV Ad)." YouTube. September 28. <a href="https://www.youtube.com/watch?v=F6ULTFCWBQw">https://www.youtube.com/watch?v=F6ULTFCWBQw</a>.</p>
<p>[22] Airtel India. 2013. "airtel Re 1 Mobile Video - Taxi Ad (TVC)." YouTube. May 22. <a href="https://www.youtube.com/watch?v=Hpi2sOOfeIw">https://www.youtube.com/watch?v=Hpi2sOOfeIw</a>.</p>
<p>[23] Airtel India. 2015. "Airtel my plan Coffee TVC." YouTube. February 5. <a href="https://www.youtube.com/watch?v=4ElCIhsobXc">https://www.youtube.com/watch?v=4ElCIhsobXc</a>.</p>
<p>[24] Airtel India. 2014. "airtel money TVC - Pay Electricity Bills." YouTube. January 19. <a href="https://www.youtube.com/watch?v=yFHurfXS9uI">https://www.youtube.com/watch?v=yFHurfXS9uI</a>.</p>
<p>[25] Vodafone India. 2015. "Vodafone m-pesa™– Babuji – HD." YouTube. March 16. <a href="https://www.youtube.com/watch?v=ktgDPTlFxsU">https://www.youtube.com/watch?v=ktgDPTlFxsU</a>.</p>
<p>[26] Vodafone India. 2014. "Vodafone m-pesa™ - Cable TV – HD." YouTube. June 12. <a href="https://www.youtube.com/watch?v=HIMYZDzyHeM">https://www.youtube.com/watch?v=HIMYZDzyHeM</a>.</p>
<p>[27] Vodafone India. 2014. "Vodafone m-pesa™ - Scooter – HD." YouTube. June 2. <a href="https://www.youtube.com/watch?v=QQAtnQktHLI">https://www.youtube.com/watch?v=QQAtnQktHLI</a>.</p>
<p>[28] Advartisement. 2015. "Uncle’s Ice Cream Airtel Network In India." YouTube. March 27. <a href="https://www.youtube.com/watch?v=HFsG1G7Ombo">https://www.youtube.com/watch?v=HFsG1G7Ombo</a>.</p>
<p>[29] Nirvana Films. 2015. "VODAFONE – Farewell." YouTube. March 19. <a href="https://www.youtube.com/watch?v=aqZVO815MiM">https://www.youtube.com/watch?v=aqZVO815MiM</a>.</p>
<p> </p>
<p><em>The post is published under <a href="https://creativecommons.org/licenses/by/4.0/">Creative Commons Attribution 4.0 International</a> license, and copyright is retained by the author.</em></p>
<p> </p>
<p>
For more details visit <a href='http://editors.cis-india.org/raw/blog_users-and-the-internet'>http://editors.cis-india.org/raw/blog_users-and-the-internet</a>
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No publisherPurbasha AuddyResearchers at WorkInternet StudiesRAW Blog2015-07-10T04:20:54ZBlog EntryWhatsApp and the Creation of a Transnational Sociality
http://editors.cis-india.org/raw/blog_whatsapp-and-the-creation-of-a-transnational-sociality
<b>This post by Maitrayee Deka is part of the 'Studying Internets in India' series. Maitrayee is a postdoctoral research fellow with the EU FP7 project, P2P value in the Department of Sociology, University of Milan, Italy. Her broader research interests are New Media, Economic Sociology and Gender and Sexuality. This is the second of Maitrayee's two posts on WhatsApp and networks of commerce and sociality among lower-end traders in Delhi. </b>
<p> </p>
<p>The beginnings of <em>WhatsApp</em> messages in Lajpat Rai Market and Palika Bazaar with lower-end traders in China were mostly trade related. However, with time, the messages were not just confined to the domain of products and prices. The traders in India started sharing personal messages and images with their counterparts in China. Some of the social exchanges could be interpreted within the gambit of the economy. In other words, these social exchanges in the form of photographs of anime and food developed trust and familiarity that further led to the strengthening of trade ties. However, other social exchanges on <em>WhatsApp</em> could be related to a more personal space whereby traders were binding themselves with Chinese traders in romantic relationships. In 2012 and 2013, the transnational sociality through <em>WhatsApp</em> was at its embryonic stage and showed signs of becoming much more layered in the future.</p>
<p> </p>
<h2>Friendship and Trust</h2>
<p>The traders in Lajpat Rai Market and Palika Bazaar elaborated on how the electronic shops in China were usually managed by polite and pretty women. Women managing the business transactions in China made the Indian traders come in touch with them via <em>WhatsApp</em>. One day at Rakesh’s shop at Palika Bazaar, he was browsing through his <em>WhatsApp</em> messages. He invited me to see some of the messages that he thought were interesting. As I went closer to the screen, I saw images of food, a bowl of soup and salad. Rakesh told me how he had become friends with this particular trader. She was a married woman and had a shop that sold accessories of games in China. Rakesh said over time that they had developed a special relationship. He regarded her as a warm person. He was familiar with her domestic life, her children and how old they were. Their interactions were governed by the exchange of information on everyday activities going on in their lives.</p>
<p>I observed that the trading exchanges were mitigated by various social and personal messages. It appeared that the personal messages were a way to maintain continuity of ties, business and otherwise. Whereas the traders between the two countries might not be doing business with the same set of people everyday, an image of a teddy bear and food acted as an assurance of a lasting relationship. It indicated that even though trade between two persons was temporarily suspended, they were going to revive it in the near future. The exchange of personal messages in between trade activities developed trust and mutual respect. In a physical market place, traders developed special relationship with different people, for instance, with the customers who came to the same shop regularly. These relationships were born out of investment of time and energy on part of the both parties, the traders as well as the customers. In both Palika Bazaar and Lajpat Rai Market, often a trader had a customer who had been visiting his shops since he was a child. The trader knew what his customer did for a living as an adult, how many members his family had and their whereabouts. The same case was true for a customer. He quickly noticed what were the changes that had been made to the physical layout of the shop. The long-term ties were advantageous to both the parties. Usually the customer got a good discount for a product and he also knew that in case of a defect he could easily ask for a replacement. For the trader, a customer was a constant source of income, as he knew that the customer would not choose another trader over him. Rarely, a permanent customer approached another trader in the market.</p>
<p>In the absence of physical proximity between the Chinese and Indian traders, there were few occasions in which the ties of trust based on familiarity could be developed. Simple exchange of trade messages did not build social solidarity. In order for the traders to substitute the strength of physical proximity and face-to-face interaction online, the cute anime were seen to intervene. The exchange of photographs and cartoons indicated that individual traders invested in each other and developed a circle of familiar objects and symbols that generated trust.</p>
<p> </p>
<h2><em>WhatsApp</em> and Movement</h2>
<p><em>Bubo is a fascinating figure in Palika Bazaar. In Govind’s shop, several people had different things to say about Bubo. Some claimed that he was a genius; other told me he was a techno nerd. Some even thought of him as an eccentric person who lacked social skills and etiquettes. Everyone however, unanimously agreed that I should not miss an opportunity to talk to him. Bubo handled the online sales of video games for Govind’s shop. He was responsible for putting up new/ second hand video games and accessories on diverse e-commerce sites in India such as OLX and Flipkart. He had a rented apartment in Pitampura area in New Delhi. Bubo and his brother usually spend days in their apartment in front of their computer screens. The traders in Govind’s shop were of the opinion that Bubo was more comfortable being online than meet people physically. This proved to be true. I on different occasions tried to talk to Bubo. I called him on his phone and he evaded the prospect of meeting me face to face. In the end, I gave up on him, as I did not know how to convince him to have a chat with me. While I personally never met Bubo, I collected information about him from different sources. As the traders at Govind’s shop found him peculiar, they had many things to say about him. They were all impressed by the fact that Bubo self taught himself to be a hacker and got past through many of the website requirements. The online trading networks entailed certain rules. For instance, with relation to the matters of quality of goods, many of the online marketing websites such as Flipkart in India wanted the trader to put up guaranteed products. According to the traders, Bubo was able to find solution to get past the different barriers put up by the big companies. Bubo with his hacking skills was an assent to Govind’s shop. Therefore, it was not surprising to see that throughout the course of my fieldwork, his name kept reappearing. In January 2015, when I went to Govind’s shop, the mythical figure of Bubo came up again. This time I saw his face for the first time on </em>WhatsApp<em> through Govind’s iPhone 5. I learnt that Bubo was in China. He had a new Chinese girlfriend whom he had met through online trading exchanges. As I flipped through the images on Govind’s phone, I saw Bubo dining with his girl friend, meeting her wide circle of friends and family in China.</em></p>
<p>Bubo’s story is an interesting illustration of how the lower-end trading alliances initiated by <em>WhatsApp</em> start to have a life of its own. Bubo was ambitious and wanted to make the most of the opportunities available to him. However, as Govind maintained his relocation to China could not be simply put as a business strategy. Govind recollected that Bubo held a fascination for Chinese women. His move to China therefore was both an attempt to better his economic prospects as well as an attempt at finding romantic love. Bubo was trying hard to teach himself Chinese and if everything worked in his favour, he might end up making a permanent move to China, Govind added.</p>
<p> </p>
<h2>Conclusion</h2>
<p>For many of the users of <em>WhatsApp</em> all over the world, it is difficult to imagine it as a tool for business. We are accustomed to sharing personal messages and images with friends and families living in different parts of the world. Only in recent times, we hear varied usages of <em>WhatsApp</em>: to spread xenophobic messages in closed groups, and organize events and community tasks. Even then, the impersonal usage of <em>WhatsApp</em> is marginal.</p>
<p>In early May 2015, I was part of a meeting of peer-to-peer value creation in Europe. One of the participants spoke about how a <em>Fablab</em> in Madrid was beginning to use <em>WhatsApp</em> to assign community related tasks and operations. It made me realise how the traders in Delhi were one step ahead of all of us. Already in 2013, traders were co-opting <em>WhatsApp</em> to their work sphere. At a time in which high-skilled knowledge workers in Europe are devising community platforms akin to <em>WhatsApp</em>, traders in Delhi saw the potential of it as a social and economic tool much earlier. I was amazed at the pace at which traders submerged themselves in different endeavours. The traders never had a half-hearted relationship with anything, their consumers and the search for profit. The similar merging into the environment was visible through their use of smartphones as well. The traders in Lajpat Rai Market and Palika Bazaar learnt to stay alert surviving in the margins of an urban economy. It had become their second nature to see an opportunity in everything. And this attitude meant that they pushed every situation to its limits. Flirting with laws, selling of contraband and pirated media goods showed that the traders were ready to test the limits of any situation.</p>
<p><em>WhatsApp</em> and trade related texts are an example of thinking out of the box. Even in its early days, <em>WhatsApp</em> facilitated trading links show a lot of potential. The traders from China and India have established profitable business links. Some of them have developed friendship and romantic relationships. Only time will tell to what extent and in which direction trade related ties would evolve. One could only imagine the prospect of long-term dense trading networks with China. With the official players in India and China having strong visions about where the futures of both countries should head, the experimental and out of the box thinking of many of the traders with technology per se gives hope for a more hybrid regime in Asia.</p>
<p> </p>
<p><em>The post is published under <a href="https://creativecommons.org/licenses/by/4.0/" target="_blank">Creative Commons Attribution 4.0 International</a> license, and copyright is retained by the author.</em></p>
<p> </p>
<p>
For more details visit <a href='http://editors.cis-india.org/raw/blog_whatsapp-and-the-creation-of-a-transnational-sociality'>http://editors.cis-india.org/raw/blog_whatsapp-and-the-creation-of-a-transnational-sociality</a>
</p>
No publisherMaitrayee DekaSocial MediaResearchers at WorkRAW Blog2015-07-10T04:22:38ZBlog EntryWhatsApp and Transnational Lower-End Trading Networks
http://editors.cis-india.org/raw/blog_whatsapp-and-transnational-lower-end-trading-networks
<b>This post by Maitrayee Deka is part of the 'Studying Internets in India' series. Maitrayee is a postdoctoral research fellow with the EU FP7 project, P2P value in the Department of Sociology, University of Milan, Italy. Her
broader research interests are New Media, Economic Sociology and Gender and Sexuality. This is the first of Maitrayee's two posts on WhatsApp and networks of commerce and sociality among lower-end traders in Delhi.</b>
<p> </p>
<p>One of the first things that stood out in the Delhi traders’ anonymous bearings was their love for smartphones. In the two mass electronic markets in the city, Lajpat Rai Market and Palika Bazaar, the traders of video games carried varieties of smartphones of different sizes and colours. From iPhones to Samsung Galaxies, the traders vied for the latest gadget available in the market. As a researcher, within a year, I moved from getting an accidental peek into their smartphone screens to a phase when the traders felt comfortable sharing their personal messages with me.</p>
<p>I spend considerable time in Lajpat Rai Market and Palika Bazaar in Delhi between September 2012 and September 2013. I interviewed different traders and had day-to-day conversations with the people coming to their shops. Tracking several events in the shops, I knew the relative time that the traders spent on various activities. I saw on most days the traders divided their time between interacting with consumers and browsing through their smartphones. The traders spent maximum time of their virtual existence by being on <em>WhatsApp</em>. A large part of the goods to local electronic markets in Delhi were coming from China. And increasingly, <em>WhatsApp</em> was becoming an important communication channel managing transnational trade related exchanges.</p>
<p> </p>
<h2>Entry into the <em>WhatsApp</em> World</h2>
<p>When I started visiting Lajpat Rai Market and Palika Bazaar at the end of 2012, I had not installed <em>WhatsApp</em> on my phone. The traders in the different markets were curious to know what was keeping me away from it. They came to a point when they could not anymore see me outside of <em>WhatsApp</em>. I, on the other hand had reservations of being part of a medium that meant continuous contact with the world. When finally I got past my initial doubts, there arose another problem. I could not download <em>WhatsApp</em> on my phone without the server asking for a rental fee of 250 Indian Rupees. After a few days, on being asked the same question again in Palika Bazaar, I told the traders about my problem. Lalit, a trader in Palika Bazaar retorted, ‘That is not possible! We did not pay to install <em>WhatsApp</em> on our phones’. He asked me to pass him my phone. Lalit cracked the security code by getting on to the Palika Bazaar Wi-Fi network and installed <em>WhatsApp</em> on my phone.</p>
<p>It was interesting to see that the traders did not always use legal channels to buy their smartphones and get an Internet connection. Many of the conversations about their smartphones were about where the traders bought their stolen iPhone. There were discussions about how much money different traders paid to get their hands on a used iPhone. They compared the feature and quality of each other’s smartphone. Sometimes even I was asked if I wanted a new cell phone for a good price and if I wanted to sell my old phone. The fascination for smartphones that in the first instance seemed like a fad for a shiny branded product, showed its own complex side. The importance of keeping an expensive phone had its conspicuous side and that explained the fascination of traders for iPhones. However, that was not all. The conspicuous side of the trader was not visible in other dimensions of their being, for instance the clothes they wore. The traders on most days were happy to buy second-hand and knock off goods from the street vendors outside Lajpat Rai Market and Palika Bazaar. The inclination of the traders to carry expensive phones and willingness to try different measure to possess them showed that smartphones were important to the traders.</p>
<p>I tried to understand the inclination of the traders towards their smartphones. One way by which I thought their smartphone usage could become intelligible to me was by locating it in their everyday world. What the traders did on most days and exploring where and how smartphones configured amongst other activities could make its usages noticeable. I observed one of the things that the traders hated in both the markets was to have free time in their hands. The time for chatter meant that they were not doing business. And the possibility of not making enough money made them anxious. The traders were trying to curtail the amount of time they spent on insignificant activities including the need to talk to me. Most of the times, they only entertained me when they did not have consumers in their shops. It was then interesting for me to see the traders’ fascination for their smartphones. The usage of the Internet also ideally carried levels of non-productivity that on other instances made the traders very anxious. It meant that they were not making direct monetary transactions with consumers. Having seen the traders obsessed about making sales, I was unable to place their choice of being on their smartphones in their free time. Soon, this dilemma was cleared. Being on the smartphone did not mean the traders were making social calls. Most of the times when the traders were on their smartphones, they were texting each other on <em>WhatsApp</em>. Eventually, I found out that most of the exchanges on <em>WhatsApp</em> were trade related. The traders not using <em>WhatsApp</em> for pleasure indicated that their activity on the Internet reflected how they are offline. The traders were preoccupied with the prospect of making profit and they did not want to waste any opportunity coming their way. This was the driving force and the source of innovation in the markets. The traders’ smartphone usage also followed the instinct of minimising wastage and find business opportunities in everything they did. The result was to make dominant in the markets another usage of <em>WhatsApp</em> other than its use for social communication: transnational real time trade exchanges.</p>
<p> </p>
<h2><em>WhatsApp</em> and Trading</h2>
<p>Especially in the year’s post 2010, the mass markets of video games in Delhi were in a strange predicament. The heyday of these markets as the sole channels of distribution and acquisition of video games was over. Increasingly, these markets that sold paraphernalia of gaming devices were challenged by the onslaught of online gaming market and gaming franchises in Delhi. In such a situation, many of the traders were trying to find alternative ways to boost up their sales. One of the ways in which these markets were trying to sustain themselves in the face of immense competition was to find niche market of electronic products. The traders in Lajpat Rai Market and Palika Bazaar extended their trading links to China in an effort to get diverse as well as cheap electronic products. The Chinese lower end markets particularly in the Guangdong province became an important supply node of different qualities of video games to the mass markets in Delhi. For each PlayStation Portables in Lajpat Rai Market and Palika Bazaar, there were a number of cheap varieties of ‘Made in China’ handheld games.</p>
<p>All the multiple links with the Chinese lower-end economy that sustained the day-to-day functioning of the Delhi markets depended on continuous communication between the Indian and Chinese traders. This was where <em>WhatsApp</em> took control of the trading scene. Traders used it regularly to communicate with the Chinese traders. In the absence of face-to-face interaction, <em>WhatsApp</em> messages were the only way to initiate business transactions with the Chinese traders. The lack of face-to-face interaction presupposed that trading details were resolved on <em>WhatsApp</em>. There were a large number of to and fro exchanges of messages. As the traders felt comfortable showing me glimpses of their <em>WhatsApp</em> messages, I saw that on a single day hundreds of messages were exchanged even before the real transaction of placing an order and payment details were discussed. Many of the messages were exchanges of images of different varieties of a game that the Indian traders might be interested in. Image after image arrived of video games with their prospective prices. Most of these exchanges were in English. However, at times there were also messages in Cantonese that the traders translated online.</p>
<p><em>WhatsApp</em> therefore, developed as a space where the traders got past their geographical and linguistic gap to successfully communicate and complete business transactions. <em>WhatsApp</em> facilitated messages enabled the markets to get new innovative products into the local market as well as track the complete transaction process.</p>
<p>For individual traders, <em>WhatsApp</em> was the lifeline of their present trade networks. Before the arrival of ‘instant messaging app for smartphone’, most of the links that the traders had with the transnational markets were through individual importers that travelled to Hong Kong, Bangkok and other places in Asia to get games manufactured in Japan and the West. During those days, a trader had to depend on the importers to bring him exclusive products that could be profitable in the local markets. The traders pointed out that the problem with this arrangement was that traders were almost entirely dependent on the importer not only to smuggle new products into the country but also for information. Often the traders knew of new products only with the information they acquired from the importers.</p>
<p>Things changed drastically with the advent of instant messaging especially <em>WhatsApp</em>. Now the traders were only a message away from connecting to their collaborators in China. An individual trader had the possibility to bring new innovative products without relying on others for information and trade negotiations. This increased the possibility for him to have a period of privileged profit before the product got widely popularised in the market. The constant exchanges of samples of video games and accessories were a step towards that. Often the traders kept up with continuous communication with the Chinese traders, as they did not want to miss an opportunity to be the first one to track the next big trend in the market. If the traders felt that they had picked up a product that had the potential of becoming a popular product, they were not hesitant to place huge orders. The traders said that they trusted the work ethics of the Chinese people. However, what also helped the traders to appreciate the Chinese work ethics was their constant tracking of transaction on <em>Whatsapp</em>. Bharat, a trader in Lajpat Rai Market had placed a large order for adaptors of gaming consoles in July 2013. Once when I was visiting his shop, he was messaging with a trader in China to sort out the delay that was occurring in the delivery process. Bharat said to me still texting on <em>WhatsApp</em>, ‘I don’t worry about the Chinese; they are very sincere and trustworthy’.</p>
<p><em>WhatsApp</em> is synonymous with transnational trading alliances in the lower-end markets in Delhi. It has seamlessly merged into the trading environment to the extent that the traders do not consciously reflect on the role it plays in pushing their individual trade forward. It seemed traders lived two parallel lives: one with the local market goers in Delhi and another with the Chinese traders on their smart phones. The individual trader-to-trader exchanges between two countries are unprecedented in history. And with time, the trade networks are becoming denser and wider.</p>
<p> </p>
<p><em>The post is published under <a href="https://creativecommons.org/licenses/by/4.0/" target="_blank">Creative Commons Attribution 4.0 International</a> license, and copyright is retained by the author.</em></p>
<p> </p>
<p>
For more details visit <a href='http://editors.cis-india.org/raw/blog_whatsapp-and-transnational-lower-end-trading-networks'>http://editors.cis-india.org/raw/blog_whatsapp-and-transnational-lower-end-trading-networks</a>
</p>
No publisherMaitrayee DekaSocial MediaResearchers at WorkRAW Blog2015-09-13T10:44:15ZBlog EntryIndic Scripts and the Internet
http://editors.cis-india.org/raw/blog_indic-scripts-and-the-internet
<b>This post by Dibyajyoti Ghosh is part of the 'Studying Internets in India' series. Dibyajyoti is a PhD student in the Department of English, Jadavpur University. He has four years of full-time work experience in projects which dealt with digital humanities and specially with digitisation of material in Indic scripts. In this essay, Dibyajyoti explores the effects the English language has on the Internet population of India.</b>
<p> </p>
<h2>Internet Usage Statistics in India</h2>
<p>According to the latest statistics [1], while the rural mobile tele-density in India is 47.78%, the urban tele-density for mobile phones is 143.08% (which means, more than one registered SIM card per person and this phenomenon is thus also reflected in the rural figures). On the other hand, roughly only 6.5% of the population has access to ‘broadband’ Internet (>= 512 kbps) through a phone or a dongle and only 1.23% has access to a wired-broadband connection. However, roughly 20% of India’s population is roughly connected to the Internet [2]. Thus, roughly 12% of the population has access to low-speed Internet. What these figures do not reveal is the quantum of consumption of data. It can be safely assumed given the comparatively high costs of mobile Internet usage and the difficult method of feeding large tracts of data through a mobile phone, that the quantum of consumption is significantly higher in the case of computer Internet users as opposed to mobile users. Though as these statistics reveal, the chances of India being connected to the Internet depends largely on mobile phones, rather than desktop/ laptop computers.</p>
<p>Thus, the status of the Internet in India is still that of a niche medium. Other than the cost-factor of having access to a device which can access the Internet and paying for the Internet data package, some other factors also hinder the growth of the Internet in India. One of them is the issue of language. Whereas the 1990s saw an over-domination of English on the Internet given the linguistic communities which were developing the world of computers and the world of the Internet [3], by 2015, some of the disparity with offline linguistic patterns has been reduced [4]. However, for Indic scripts, much less development has taken place. If one is studying the Internet in India, chances are one is studying it in English.</p>
<p> </p>
<h2>Languages the Indian Internet User Encounters Both Online and Offline</h2>
<p>What does this hold for the future of these Indic scripts? Given the multi-lingual skills of Indian school-goers and the increasing amount of daily reading time of those connected to the Internet (which is somewhere between 12% and 20% of the population) being devoted to reading on the Internet, chances are reading is increasingly in English.</p>
<p>The importance of English-language skills in India, as indeed in the rest of the world, in 2015 is undeniable [5]. English is also a signifier of class in India. However, despite the three-language policy adopted by schools, schools which offer courses primarily in other Indian languages suffer from an inherent disadvantage that students face when these students enter colleges and universities where the medium of teaching is usually English, and later on take up jobs which require official reports to be written in English. Thus, Indian languages other than English offer much less incentive for parents and students to encourage their study. Whereas oral conversation among the Indian population is largely conducted in languages other than English, written conversation is increasingly being conducted in English. Language is not only a political issue but also a subject of social study, not to mention the issues of linguistics. The larger socio-political issues of language are perhaps too vast to be discussed in connection to Indic scripts and the Internet. Thus, apart from this basic point about the bias towards English, I am not delving into it further.</p>
<p> </p>
<h2>Indic Script Software and Data Entry</h2>
<p>Let me start with discussing natively-digital material. In the digital domain, entering text in Indic scripts is a difficult task. Indic scripts are primarily abugida scripts, which are writing systems ‘in which consonant–vowel sequences are written as a unit: each unit is based on a consonant letter, and vowel notation is secondary’ [6]. This contrasts with the Latin script used to write English, in which vowels have status equal to consonants, and with abjad scripts such as the script used to write Arabic, in which vowel marking is absent or optional. Similar difficulty is also encountered in entering texts in other non-Latin scripts such as Chinese. Mandarin Chinese may be the world’s most-spoken language and China may be one of the software and hardware giants, but supposedly even Chinese is not particularly amenable to the Internet [7]. Entering Indic scripts on a computer is difficult because it usually involves the addition of new software or tweaking existing software which is slightly difficult for the novice/ casual user.</p>
<p>ISIS, developed by Gautam Sengupta of the University of Hyderabad and sponsored by the Government of India, is an early example of Indic script input software [8]. It is available online for free. It is not fully phonetic. iLEAP, developed by the Centre for Development of Advanced Computing (CDAC), a Government of India funded agency, is now no longer extant but CDAC have produced other input software thereafter. Google too offers an Indic language input tool now [9]. For languages such as Bengali, there have been software such as Bijoy, which was made by Mustafa Jabbar of Ananda Computers, Dhaka, Bangladesh, and is sold commercially [10] and the free softwares BanglaWord and Avro. Avro was created in 2003 by Mehdi Hasan Khan of Mymensingh, Bangladesh, and subsequently developed by a team at Omicron Lab, Dhaka [11]. Such software exists for other individual Indic languages. Operating systems such as Windows [12] and Ubuntu [13] offer Indic script input as well, and make use of the InScript keyboard [14] too.</p>
<p>When it comes to mobile phones, prior to the introduction of touchscreen smartphones, text messaging had little option to use the Indic script. With the introduction of multiple keyboards in touchscreen smartphones, there are a few options to use the Indic script. Both Android and iOS offer Indic script keyboards. Yet these are even less easy to use than computer keyboards as one needs to toggle between several sets of keyboards to access all the characters required for Indic script input. Google has recently started handwriting input which supports Indic scripts [15]. It remains to be seen how much the feature is used.</p>
<p>In spite of this availability of input tools in recent years, the most common method of entering Indic language is through transliteration. Just like Pinyin for the Chinese script, Indic scripts too have official transliteration standards. <em>The Indian National Bibliography</em> (Kolkata: Central Reference Library, 2004) maintains one such standard. However, such transliteration mechanisms require diacritical marks, which are again difficult to enter. Thus, more often than not, these transliteration standards are not followed except when one is maintaining strict academic standards.</p>
<p>The point that I am trying to make is that despite the availability of tools for entering Indic scripts and even well-defined standards for transliterating Indic words in the Latin script, neither is universally followed. The reason is it involves extra labour, as opposed to simple transliteration without any standards. Thus, what often one ends up with in casual written communication (which outnumbers formal written communication by a wide margin) in the digital domain, be it in the form of SMSes, messages in Whatsapp or other instant messaging applications or emails, is Indic words in non-standard transliteration into the Latin alphabet. The introduction of SMS lingo and standards two decades back had already prepared the way for the wider acceptance of Indic words in non-standard transliteration into the Latin alphabet. When one comes to a semi-casual/ semi-formal medium, such as blogs and social networks, where the receiver of the message is usually more than one, the forms of expression are slightly different.</p>
<p> </p>
<h2>Mimetic Desires on Public Platforms</h2>
<p>Digital, crowd-sourced public platforms, such as blogs and largely social networks, offer a different kind of discourse. On the one hand, private habits spill into the public realm. Thus, Indic words in non-standard transliteration into the Latin alphabet are a common practice. On the other hand, the public nature of such platforms offers a space for a kind of mimetic desire. Despite the availability of the user-interface of the most commonly accessed sites such as Gmail and Facebook in Indic languages, most prefer to retain their user-interface in the default English mode [16]. It is a different issue that enabling browsers to render Indic scripts correctly is often a difficult task and sometimes despite following every instruction in the manual, the problem remains unsolved. The overall English language and English script overdose on social networks such as Facebook generate a kind of desire to mingle in with the crowd. Thus, instead of typing Indic words in non-standard transliteration into the Latin alphabet, the data entered is actually more often than not in English. Often, other than formal job reports and letters, social networks are the only platform that a lot of Indians get where they can produce verbal communication in English. Thus, in addition to a mimetic desire to fit in with the English-writing crowd, social networks also offer a semi-public platform to write one’s thoughts in English, a platform which for a lot of Indians was perhaps last available to them when they had to write essays for their compulsory English-language paper in high school. Both of these desires further hamper the incentive to write on the Internet using Indic scripts.</p>
<p>Blogs occupy a space somewhere in between formal websites and casual for-the-nonce social network posts. Both the structure of blogs (more structured than a social network but less structured than a website) and the status of blogs lie somewhere in between these two major platforms. Also, with the rise of social networks, the rate of growth of blogs has decreased. Thus, blogs are usually less popular than both websites as well as social networks. On blogs, the content is usually more formal, as is the presentation. Also, the mimetic desire generated by a social network is perhaps less heightened in the case of blogs. Blogs present a more one-to-many approach as opposed to a social network which largely presents a many-to-many structure.</p>
<p> </p>
<h2>Spelling Skills in Indic Languages</h2>
<p>At the other hand of the social class in India, is the class which went to an English-medium school and writes predominantly in English. Oral communication is often carried out in other Indian languages but these languages are not often used for written communication. Even when casual written communication in the digital domain, such as SMSes and other instant messaging applications or emails, is carried out using Indic words, it is in non-standard transliteration into the Latin alphabet. For this class, the problem is the lack of exposure to reading and writing in Indian languages other than English. Thus, even this minimal writing in transliteration mode may further weaken their spelling skills in these Indian languages.</p>
<p>There are of course other categories into which one can group Internet users in India. The equally strong multi-lingual Indian, the equally weak multi-lingual Indian and the Indian strong in one language are three such categories. Irrespective of which class the Indian Internet user belongs to, the Internet user’s exposure to material written in Indic scripts on the Internet is low. So far I have discussed natively-digital resources.</p>
<p> </p>
<h2>Digitisation of Pre-Digital Resources</h2>
<p>Let me now turn to digitsation of pre-digital resources. Digitisation of such resources is a task involving a lot of money and labour. There are several organisations in India which are involved in such tasks. The Centre for Development of Advanced Computing (CDAC) is one such organisation. The School of Cultural Texts and Records at Jadavpur University, Kolkata is another such organisation [17]. The Centre for Studies in Social Sciences, Kolkata too is actively involved in digitisation of such material [18]. The West Bengal Public Library repository on Dspace [19] and the Digital Library of India [20] are also significant repositories, as is the portal of the National Archives of India, titled Abhilekh Patal [21]. There are some digital archives focussed on the output of a specific person, such as the MK Gandhi portal [22]. There have been a few instances of making public searchable text files from such digitised material, such as those by the Society for Natural Language Technology Research [23] and Bichitra: Online Tagore Variorum [24]. Other digitisation programmes are in progress, such as the long-running National Mission for Manuscripts [25]. Yet, in spite of this, such efforts are miniscule compared to databases, albeit commercial and not open-access, such as Early English Books Online or Eighteenth Century Collections Online. The Internet, while it offers the opportunity for an equitable digitisation of pre-digital resources in English as well as Indic scripts, does not contain as many resources in Indic scripts as it does in the Latin script. The reasons are because whereas Indic script resources are primarily digitised by Indian organisations where the money needed for such tasks is not available in great amounts, resources in English are digitised from a number of economies with a high per capita GDP. Given the more basic needs of enhancing the reach and level of primary, secondary and tertiary education in the country, an economy with a low per capita GDP such as India does not have the financial means to digitise vast quantities of pre-digital resources, be they in the Latin script or in Indic scripts.</p>
<p>When it comes to electronic books in Indic scripts, the refusal of major platforms such as Amazon Kindle Direct Publishing to list books in Indic scripts [26] is a major barrier for individuals to create e-books in Indic scripts. Whereas most major newspapers in Indic scripts have online editions, the case is not so for major book publishers. Unlike a newspaper which primarily relies on advertising for its revenue, book publishers depend on book sales. There is no infrastructure in place for selling electronic books in Indic scripts. The publishers perhaps also feel that the market for consumption of e-books in such languages is not of a significant scale, and thus do not feel incentivised enough to encourage the creation of e-books. Thus, the entire Kindle reading population in India (which is not very large in the first place [27]) is deprived of the chance of buying e-books in Indic scripts. If they read e-books in Indic scripts on Kindles and tablets, then such e-books are usually pirated scanned copies. There are some sites which make available pirated scanned copies of books printed in Indic scripts. However, such sites and the number of such books is so small, that they make no major dent to the revenues of the Indic-languages publishing industry.</p>
<p> </p>
<h2>Effects on the Indian Internet User</h2>
<p>As a result, casual Indian Internet researchers and readers often depend on material written in English instead of material written in Indic languages. It is true that the serious researcher will of course make the effort of visiting physical libraries and archives to access books in Indic languages. But for casual reading and research, it is too much of a trouble. For such Internet users, not only are undigitised Indic verbal texts invisible, but the lack of engagement with such texts lead to the effacement of such texts from the public discourse and domain.</p>
<p>For Indian school students studying in schools where the medium of instruction is not English, the absence of such texts from the Internet means that they engage less with the Internet for academic purposes. For them, the Internet becomes more of a resource meant for non-academic purposes if they have trouble reading texts in English. It is true that English is one of the three languages that school students learn yet as the state of education goes, it is not fully satisfactory [28]. On the other hand, given the English language and English script overdose on social networks, the mimetic desire forces students to generate texts in English, not only the script but also the language. As a result, what is generated is often English of a less than satisfactory standard. A political strain of thought treats the language that people generate as ‘the language’. Measuring such an output against other standards of English is considered politically incorrect. In fact, the regional acceptance of such local sub-groups of English has led to the wider acceptance of English and its growing presence across the world. Yet, as the notion of class in India based on the command over English shows, such sub-grouping also leads to the creation of separate classes.</p>
<p> </p>
<h2>Effects of the Internet on Indic Scripts</h2>
<p>Does the Internet alleviate or exacerbate the problem caused by the hierarchy of English over other Indic languages? I guess that the answer is not a simple nod in either direction. On the other hand, I conclude that the Internet increases the mimetic desire to generate written communication in English. Failure to communicate in English according to certain standards of English further exacerbates the creation of the classes based on the command over English. While the Internet, to a certain extent, helps in improving English spelling skills owing to a greater exposure to English, at the same time, it leads to a greater deterioration in spelling skills in Indic languages. Owing to the lack of availability of pre-digital resources in Indic scripts in the digital domain, there is a slow effacement of such resources from the public discourse at large.</p>
<p> </p>
<h2>Possible Measures to Enhance the Status of Indic Scripts on the Internet</h2>
<p>These are some of the effects that the Internet in India has had on Indic scripts. Given that the Internet is a niche medium and those shaping the general discourse are more likely to have access to the Internet in the first place, the low visibility of Indic scripts on the Internet is a cause for concern. However, it is true that with the growing accessibility of the Internet in India, the resources in Indic scripts are bound to increase. It is perhaps dependent primarily on those in power, such as the central and state governments to ensure that their websites and mobile phone applications are in Indic scripts as well and the Indic script versions of their digital resources do not lack any feature of the English-language version of such resources. The private sector, especially the publishing industry also needs to create a market for electronic publication in Indic scripts. Just like e-commerce in India did not come after the entire infrastructure was in place, but rather the infrastructure kept building up as e-commerce kept growing, similarly the publishing industry also needs to create a digital Indic-script market, and then keep building it up. E-commerce, which perhaps has the greatest incentive to build resources, can also significantly alter the scenario by offering e-commerce in Indic scripts. Snapdeal has very limited components of their website in two Indic scripts. Other major e-commerce companies have not followed suit and neither is Snapdeal’s inclusion particularly effective. Yet, as the Flipkart-owned apparel company Myntra’s recent decision to go app-only and completely do away with their website has shown, e-commerce has its ways of incentivising customers to change their habits in a drastic manner. It is with such hope that I would have liked to end this brief essay on studying the Internet in India. Yet, as the language of this essay shows, such hopes are not particularly strong, as most scholarly writing in India on the Internet continues to be in English. Scholarly journals and research platforms in Indic scripts on the Internet continue to be so limited in number that it is hard to find particularly high-impact publications from among them. If one is studying the Internet in India, chances are one is both studying and writing in English.</p>
<p> </p>
<h2>Endnotes</h2>
<p>[1] <a href="http://www.trai.gov.in/WriteReadData/PressRealease/Document/PR-34-TSD-Mar-12052015.pdf">http://www.trai.gov.in/WriteReadData/PressRealease/Document/PR-34-TSD-Mar-12052015.pdf</a></p>
<p>[2] <a href="http://www.internetlivestats.com/internet-users-by-country">http://www.internetlivestats.com/internet-users-by-country</a></p>
<p>[3] Daniel Pimienta, Daniel Prado and Álvaro Blanco, Twelve years of measuring linguistic diversity in the Internet: balance and perspectives, UNESCO publications for the World Summit on the Information Society (2009), <a href="http://unesdoc.unesco.org/images/0018/001870/187016e.pdf">http://unesdoc.unesco.org/images/0018/001870/187016e.pdf</a></p>
<p>[4] <a href="http://en.wikipedia.org/wiki/Languages_used_on_the_Internet">http://en.wikipedia.org/wiki/Languages_used_on_the_Internet</a> and <a href="http://en.wikipedia.org/wiki/List_of_languages_by_total_number_of_speakers">http://en.wikipedia.org/wiki/List_of_languages_by_total_number_of_speakers</a></p>
<p>[5] <a href="https://hbr.org/2012/05/global-business-speaks-english">https://hbr.org/2012/05/global-business-speaks-english</a></p>
<p>[6] <a href="http://en.wikipedia.org/wiki/Abugida">http://en.wikipedia.org/wiki/Abugida</a></p>
<p>[7] <a href="http://www.newrepublic.com/article/117608/chinese-number-websites-secret-meaning-urls">http://www.newrepublic.com/article/117608/chinese-number-websites-secret-meaning-urls</a></p>
<p>[8] <a href="http://isis.keymankeyboards.com/">http://isis.keymankeyboards.com/</a></p>
<p>[9] <a href="http://www.google.com/inputtools/">http://www.google.com/inputtools/</a></p>
<p>[10] <a href="http://www.bijoyekushe.net/">http://www.bijoyekushe.net/</a></p>
<p>[11] <a href="https://www.omicronlab.com/">https://www.omicronlab.com/</a></p>
<p>[12] <a href="http://www.bhashaindia.com/ilit/">http://www.bhashaindia.com/ilit/</a></p>
<p>[13] <a href="https://help.ubuntu.com/community/ibus">https://help.ubuntu.com/community/ibus</a></p>
<p>[14] <a href="https://en.wikipedia.org/wiki/InScript_keyboard">https://en.wikipedia.org/wiki/InScript_keyboard</a></p>
<p>[15] <a href="http://googleresearch.blogspot.in/2015/04/google-handwriting-input-in-82.html">http://googleresearch.blogspot.in/2015/04/google-handwriting-input-in-82.html</a></p>
<p>[16] There is no open-access data for this from either Google or Facebook. Third-parties conduct such studies. A study can be found here: <a href="http://www.oneskyapp.com/blog/top-10-languages-with-most-users-on-facebook/">http://www.oneskyapp.com/blog/top-10-languages-with-most-users-on-facebook/</a></p>
<p>[17] <a href="http://www.jaduniv.edu.in/view_department.php?deptid=135">http://www.jaduniv.edu.in/view_department.php?deptid=135</a></p>
<p>[18] <a href="http://www.savifa.uni-hd.de/thematicportals/urban_history.html">http://www.savifa.uni-hd.de/thematicportals/urban_history.html</a></p>
<p>[19] <a href="http://dspace.wbpublibnet.gov.in:8080/jspui/">http://dspace.wbpublibnet.gov.in:8080/jspui/</a></p>
<p>[20] <a href="http://www.dli.ernet.in/">http://www.dli.ernet.in/</a></p>
<p>[21] <a href="http://www.abhilekh-patal.in/">http://www.abhilekh-patal.in/</a></p>
<p>[22] <a href="https://www.gandhiheritageportal.org/">https://www.gandhiheritageportal.org/</a></p>
<p>[23] <a href="http://www.nltr.org/">http://www.nltr.org/</a></p>
<p>[24] <a href="http://bichitra.jdvu.ac.in/index.php">http://bichitra.jdvu.ac.in/index.php</a></p>
<p>[25] <a href="http://www.namami.org/index.htm">http://www.namami.org/index.htm</a></p>
<p>[26] <a href="https://kdp.amazon.com/help?topicId=A9FDO0A3V0119">https://kdp.amazon.com/help?topicId=A9FDO0A3V0119</a></p>
<p>[27] <a href="http://timesofindia.indiatimes.com/tech/tech-news/Ebook-readers-fail-to-kindle-sales-in-India/articleshow/45802786.cms">http://timesofindia.indiatimes.com/tech/tech-news/Ebook-readers-fail-to-kindle-sales-in-India/articleshow/45802786.cms</a></p>
<p>[28] Annual Status of Education Report (Rural) 2014, facilitated by Pratham, pp. 81-82, 86, 88-89, <a href="http://img.asercentre.org/docs/Publications/ASER%20Reports/ASER%202014/fullaser2014mainreport_1.pdf">http://img.asercentre.org/docs/Publications/ASER%20Reports/ASER%202014/fullaser2014mainreport_1.pdf</a></p>
<p> </p>
<p><em>The post is published under <a href="https://creativecommons.org/licenses/by/4.0/" target="_blank">Creative Commons Attribution 4.0 International</a> license, and copyright is retained by the author.</em></p>
<p> </p>
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No publisherDibyajyoti GhoshLanguageRAW BlogIndic ComputingResearchers at WorkIndic Scripts2015-07-10T04:23:35ZBlog EntryStudying Internet in India: Selected Abstracts
http://editors.cis-india.org/raw/studying-internet-in-india-selected-abstracts
<b>We received thirty five engaging abstracts in response to the call for essays on 'Studying Internet in India.' Here are the ten selected abstracts. The final essays will be published from June onwards.</b>
<p> </p>
<h3>Deva Prasad M - 'Studying the Internet Discourse in India through the Prism of Human Rights'</h3>
<p>Exploring Internet from the perspective of human rights gives rise to the multitude of issues such as right to privacy, freedom of expression, accessibility. Pertinent socio-political and legal issues related to Internet which was widely debated upon in the past one year in India includes lack of freedom of expression on Internet and Section 66A of Information Technology Act, 2000. The recent net neutrality debate in India has also evoked deliberation about the right of equal accessibility to Internet and to maintain Internet as a democratic space. The repercussions of ‘Right to be Forgotten’ law of European Union also had led to debate of similar rights in Indian context. Interestingly all these issues have an underlying thread of human right perspective connecting them and need pertinent deliberation from human rights perspective.</p>
<p>This paper is an attempt to understand and analyze theses issues from the human rights angle and also how they have contributed in evolving an understanding and perspective amongst the digitally conscious Indian’s to ensure the democratic nature of “Internet” is perceived. Moreover, analysis of these three issues would also help in emphasizing upon the need for a right-based approach in studying Internet in India.</p>
<p> </p>
<h3>Dibyajyoti Ghosh - 'Indic Scripts and the Internet'</h3>
<p>Whereas the status of the internet in India is similar to the status of the internet in similar economies with low-penetration and a primarily mobile-based future, an alphabetically diverse nation such as India has its added worries. Whereas the 1990s saw an overdomination of English given the linguistic communities which were developing the world of computers and the world of the internet, by 2015, some of the disparity with offline linguistic patterns has been reduced. However, for Indic scripts, much less development has taken place. If one is studying the internet in India, chances are one is studying it in English.</p>
<p>What does this hold for the future of these Indic scripts? Given the multilingual skills of Indian school-goers and the increasing amount of daily reading time of those connected to the internet (which is somewhere between 12% and 20% of the population) being devoted to reading on the internet, chances are reading is increasingly in English. In this essay, I shall attempt to study the effects this has on the internet population of India, some of which are as follows.</p>
<ul>
<li>The kind of mimetic desire it causes</li>
<li>The degneration in spelling skills caused due to transliteration</li>
<li>The effacement of non-digitised Indic verbal texts</li></ul>
<p> </p>
<h3>Divij Joshi - 'The Internet in the Indian Judicial Imagination'</h3>
<p>The first mention of the 'Internet' in the vocabulary of Indian judicial system was a fleeting reference to its radical capability to allow access to knowledge. In one of its most recent references, it expounded upon and upheld the idea of the Internet as a radical tool for free expression, announcing its constitutional significance for free speech.</p>
<p>The judicial imagination of the Internet – the understanding of its capabilities and limitations, its actors and constituents, as reflected in the judgements of Indian courts – plays a major role in shaping the Internet in India, both reflecting and defining conceptions of the Internet and its relationship with society, law, and public policy.</p>
<p>This essay is an attempt to use legal and literary theory to study the archives of judicial decisions, tracing the history of the Internet in India through the lens of judicial trends, and also to look at how the judiciary has defined its own role in relation to the Internet. It attempts a vital study of how courts in India have conceptualized and understood the Internet, and how these conceptions have, in turn, impacted the influence of the Internet on Indian society.</p>
<p> </p>
<h3>Ipsita Sengupta</h3>
<p>The proposed essay will make observations of a specific kind of conversation that takes place on the social media platform of YouTube. The conclusive argument is imagined along questions of high versus low culture, as described below.</p>
<p>Under study are two objects- one, particular YouTube videos which play Rabindra-Sangeet, i.e. songs penned and composed in the late 19- early 20th centuries by the Bengali writer and artist Rabindranath Tagore, the body of work which today has become a genre of Indian music; and the second, comments that these videos receive from users of the site.</p>
<p>Visuals of YouTube song videos of Rabindra-Sangeet are of many kinds. So are renditions, with solitary or duet or band performances, and with varying pace and instrumental accompaniment.</p>
<p>The videos which have visuals from contemporary cinema, like images of urban youth, and the remixed renditions have often been found to receive comments which reflect/ reveal hurt sentiments of people trying to preserve some kind of sanctity of Rabindra-Sangeet, comments which state how the ethics of presenting the genre have been violated, via their notation and design, by either makers of the film in the song’s incorporation, or by the way young pop stars have been placed in particular montages.</p>
<p>Some examples:</p>
<p><iframe src="https://www.youtube-nocookie.com/embed/1aGwOBgyWTo?rel=0" frameborder="0" height="315" width="420"></iframe></p>
<p><iframe src="https://www.youtube-nocookie.com/embed/8_z3blCxCCQ?rel=0" frameborder="0" height="315" width="420"></iframe></p>
<p>In such a scenario, YouTube as medium of user-generated expression becomes interesting to analyse individual and group dynamics- given the space for commenting (below the video), and statistical data such as “Likes”, “Dislikes”, and “Views”. The debate here is that in Tagore’s “Nationalism”, when he himself is seen to have an imagination of the human race beyond patriotic groupings and consequent othering, does this apparent need to avoid “insulting” his compositions by preserving an intangible art form in a particular way, become then a type of jingoism of region or identity? And what is this Benjaminian “aura” of the “original” that listeners look for in their experience of these videos?</p>
<p> </p>
<h3>Laird Brown - 'Dharamsala Networked'</h3>
<p>Three hours after regulations governing public access to WiFi in India were changed in 2005 the first router went up in Dharamsala. It was homemade, open source, and eventually, “monkey proof.” Something unimaginable had happened: high-speed Internet access in one of India’s most difficult physical geographies. Dharamsala has also become one of India's interesting information networks and has a burgeoning, unlikely 'tech scene’. But is it so unlikely?</p>
<p>Since 1959 Dharamsala has been home to the Dalai Lama, the Tibetan people and, government in exile. This single, significant incident possibly set in motion a number of factors that made it possible for the mountain-town to become a political, global, communications. However, much like the rest of India, the region struggles for human and environmental rights against fractured ideas of 'development'. This essay will draw on archives and interviews to unpack this microcosmic tale of Internet access, its histories and economics and the factors at play in shaping it - mundane and maverick, familiar and outlier.</p>
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<h3>Maitrayee Deka - 'WhatsApp Economy'</h3>
<p>Everyone around us is connected to the Internet through some or other electronic devices, phones, laptops, and tablets. However, not everyone use Internet for the same purpose. Through an ethnographic account of the usage of WhatsApp messages by the traders in three electronic bazaars in Delhi, Palika Bazaar, Nehru Place and Lajpat Rai Market, we see how Internet on the phone is used predominantly for business purpose. The paper seeks to examine how Whatsapp messages, which are for most of the users a medium for social communication, for the traders in Delhi, become a mode to establish business contact with their counterparts in China. From sharing of pictures of new tools to quoting prices of different products, Whatsapp messages become the lifeline of what many has termed as ‘globalization from below’. This paper argues what has started as economic exchanges through Whatsapp messages may start a new political alliance of similar mass markets in Asia. With the electronic bazaars in Delhi facing stiff competition from formal business actors both online and offline, the WhatsApp messages that is a space of new innovations and trade alliances could sustain the mass markets in India.</p>
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<h3>Purbasha Auddy - 'Citizens and their Internet'</h3>
<p>Suddenly it seems internet data package on mobile phones is the reply to the problems in India. As mobile phones remain with us most of the time, it is as if we are ready to face the world if our mobile phones have a data package. Yes, several television commercials in India are gleefully harping on the notes of knowledge, empowerment and freedom. Moreover, internet is being identified as a virtual institution.</p>
<p>The essay proposes to look into those advertisements which talk about the internet to promote data packages, mobile phones or apps. Through this, the essay firstly, would like to construct the idea of the internet using the Indian citizen who is depicted as smart and almost infallible. Secondly, on the other hand, the essay would analyse how an affirmative and constructive view of using the internet in the minds of citizens has been generated by these advertisements, like the virtual world of the internet can save you from any drastic situation.</p>
<p>Advertisements are creative constructs, which have a strong aptitude to entice target consumers. While studying the internet in India, studying the ‘texts’ of Indian advertisements which refer to the act of ‘consuming’ the internet could result in an interesting study.</p>
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<h3>Sailen Routray - 'The Many Lives and Sites of Internet in Bhubaneswar'</h3>
<p>Those of us who have jumped or meandered across to the wrong (or perhaps the right) side of thirty by now, first came to consume internet in what were called, and are still called, cyber cafes or internet cafes. Their numbers in big Indian cities is dwindling because of the increasing ubiquity of smartphone, and netbooks and data cards. The cyber café seems to be inexorably headed the way of the STD booth in the geography of large Indian cities. The present paper is a preliminary step towards capturing some of the experience of running and using internet cafes. With ethnographic fieldwork with cyber café owners and internet users in these cafes in the Chandrasekharpur area of Bhubaneswar (where the largest section of the computer industry in the state of Odisha is located), this paper tries to capture experiences that lie at the interstices of ‘objects’ and spaces - experiences that are at the same time a history of the internet as well as a personal history of the city.</p>
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<h3>Sarah McKeever - 'Quantity over Quality: Social Media and the New Class System in India'</h3>
<p>From the humblest mobile phones to the most sophisticated computers, the Internet is everywhere and nowhere in India. The boundaries, the contours of the space remain nebulous and opaque. When engaging with social media in urban India in particular, we are bound to the conventions of corporations which demand quantity over quality creating a new class system of the Internet: those who are “active” – and therefore a “better” user – and those who have seemingly failed to keep up with the demands of the medium, buried in the ever‐growing noise and chaos. The creation of a new class system on the Internet, based on Western corporate desire for data, has shaped who is seen and heard on the Internet in India.</p>
<p>Based on fieldwork in New Delhi which examines the impact of the Internet on offline social movements – including the anti corruption movement in 2011 and the Delhi Rape Case in 2012 – I will argue that the study of the Internet in India can reinforce Western corporate conceptions of how to use the Internet properly among various users involved in the movements. By challenging these preconceptions, this essay will engage with issues of Western corporate notions of Internet use and how we engage with and find participants, how we evaluate what is “good” use of the Internet, and the creation of a new class system on the Internet in India.</p>
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<h3>Smarika Kumar - 'Governing Speech on the Internet: Transforming the Public Sphere through Policymaking'</h3>
<p>In the privatised spaces of the World Wide Web and the internet, how does one make sense of speech? Should speech in such a space be understood as the product of a marketplace of ideas? Or should its role in democratic participation be recognised by contextualising the internet as part of the Habermasian public sphere? These questions have interesting implications for the regulation of speech on the internet, as they employ different principles in understanding speech. Recent scholarship has argued for the benefits of employing the public sphere approach to the internet and thus recognising its democratic potential. But taking into account that all speech is inherently made in private spaces on the internet, the application of this
approach is far from simple.</p>
<p>This creates a tension between the marketplace of ideas and the public sphere approaches to speech on the internet in policymaking. I propose to explore how legal and regulatory mechanisms manage these tensions by
creating governance frameworks for the internet: I argue that through the use of policy and regulation, the private marketplace of the internet is sought to be reined in and reconciled to the public sphere, which is mostly represented through legislations governing the internet. I propose that this less-than-perfect reconciliation then manages to modify the very idea of the public sphere itself in the Indian context, by infusing participation of the "other" on the internet through indirect means.</p>
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For more details visit <a href='http://editors.cis-india.org/raw/studying-internet-in-india-selected-abstracts'>http://editors.cis-india.org/raw/studying-internet-in-india-selected-abstracts</a>
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