Disinformation and beyond : Co-Regulatory Approaches for India, from the West

Abstract

The recent iteration of India’s Intermediary Rules have been widely touted to be problematic by stakeholders across the spectrum. With concerning provisions on content takedowns, timeframes and traceability that are detrimental to free speech, expression and personal privacy of users, these regulations might have the potential to not only threaten their digital freedom, but also endanger the concept of an Open Internet. While the State’s intent behind (over) regulating might be constructive; to prevent harms and mitigate instances of mis/disinformation and hate speech, the efficacy and impact of policy instruments deployed for the same, are debatable. Further, some of these provisions can stifle innovation and retard the internet economy in the country. Self-regulation by intermediaries — the other alternative here, has also failed to find ground in India. Such a policy standoff demands the need for adaptive, smart and multi-stakeholder driven collaborative regulations, that are supplemented with transparency. A consultative co-regulatory framework, that is built on equitable representation, is the need of the hour. It is with this context that this short article attempts to explore co-regulatory interventions that can be made to better regulate internet intermediaries in India. Inspiration has been broadly taken from the EU's Code of Conduct on Disinformation, as well as the very recent Digital Services Act (DSA).