Indian court orders Facebook, Google to offer plans for protecting children

The New Delhi High Court has given Facebook and Google one month to submit suggestions on how minors can be protected online in India.

This move is in response to a Public Interest Litigation (PIL) filed by KN Govinacharya, a senior member of the right wing political party, the Rashtriya  Swayamsevak Sangh.

The PIL seeks to protect citizens of India from cyber crimes, which according to the government, has cost the exchequer $4 billion last year. Some of the highlights include the PIL pointing out that despite guidelines given by the government for companies to follow the KYC normal (“know your customer”), social networking companies do not follow them. The PIL believes that Facebook is not verifying its users, and instead allowing minors to set up accounts because it uses them for marketing, advertising, and data mining purposes.

Under Indian law, children under 13 are incompetent to enter into any legal contract, yet it states that Facebook allows children to sign into its website unverified because it seeks to make revenue from them through online gaming – and this is a direct reference to a contract between Facebook and Zynga to provide gaming applications to kids that accounts for 12.5% of Facebook revenue. The PIL stipulates that through incessant data mining through the unauthorized use of emails, photographs, passwords, chats, and so on, Facebook is infringing on the right to privacy of the Indian subscriber.

The bench of the Delhi High Court took the PIL seriously in light of the allegation that minors are entering into social media networking sites and are then being lured into illegal activities, either knowingly or unknowingly. According to reports the court’s direction came after counsel for Facebook Facebook IPO garners less attention in Asiasubmitted that the site operated under the US law Children’s Online Privacy Protection Act (COPPA) as per which a child below 13 is not allowed to open an account. The Court expressed unhappiness that there is no mechanism that currently exists to verify the age of a child online, and that while children were protected in the US, what of the children in India.

Facebook filed a counter-affidavit to the PIL and argued that limiting social media can limit an individual’s freedom of speech and expression. Drawing on the UN Human Rights Council’s resolution that internet is a human right, Facebook has argued that the “internet is increasingly becoming a platform for citizens including minors to interact and voice their opinions and, therefore, a meaningful interpretation of the right to freedom of speech and expression would include the freedom to access social media.”

However, cyber lawyer Pavan Duggal points out that despite the freedom of expression argument, “the issue still remains that a minor doesn’t have the capacity to act under the Contract Act.” Others have pointed out that users enter into agreements with Facebook and social networking sites, not contracts. Further, law professor Saurav Datta feels that the PIL’s suggestion that all users be verified itself impinges on their privacy, and that it, “the goal of the PIL is wrong. We need to protect children, not keep people out.”

Moving ahead, it remains to be seen what social networking sites can suggest for protecting minors online. At the same time, it seems educating minors about the dangers of the internet is a good way forward as well. Facebook has joined the Internet and Mobile Association of India to bring an Internet Safety Education programme for children between the ages of 13-17. Even though this was not designed as a response to the PIL, it certainly seems a step in the right direction, regardless of the Court’s decision.

Free expression in the news

#DONTSPYONME
Tell Europe’s leaders to stop mass surveillance #dontspyonme
Index on Censorship launches a petition calling on European Union Heads of Government to stop the US, UK and other governments from carrying out mass surveillance. We want to use public pressure to ensure Europe’s leaders put on the record their opposition to mass surveillance. They must place this issue firmly on the agenda for the next European Council Summit in October so action can be taken to stop this attack on the basic human right of free speech and privacy.
(Index on Censorship)

AUSTRALIA
Party profile: The Pirate Party
The Pirate Party of Australia will be fielding eight Senate candidates at the upcoming federal election.
(World News Australia)

BAHRAIN
Teacher ‘should have faced trial’
An American kindergarten teacher, who was deported for having links with radical opposition groups, should have been put on trial, according to political societies.
(Gulf Daily News)

CHINA
Popular China bloggers should ‘promote virtues’
Chinese Internet celebrities have been told to “promote virtues” by a leading official, state media said Sunday, after a singer sparked a free speech debate by venting about bombing government offices.
(Yahoo)

GLOBAL
The Pirate Bay Launches Censorship-Dodging Web Browser
Notorious torrent-sharing site The Pirate Bay is 10 years old today, and they got you a little something. They launched PirateBrowser, a custom Firefox browser that skirts Internet censorship and lets you access the Pirate Bay from anywhere. We should at least send them a card or something.
(Geekosystem)

INDIA
Stand up for freedom of expression: Anand Patwardhan
Acclaimed documentary filmmaker AnandPatwardhan believes civil society groups in Gujarat must unite to defend the right to free expression, especially of oppressed sections.
(Times of India)

Freedom of Expression: Indians are Becoming Increasingly Intolerant
Instead of nurturing the spirit of debate, we have become aggressive, bigoted and abusive
(Forbes India)

RUSSIA
Russia asked by IOC about gay propaganda law
Mr Rogge said in Moscow that Russian written reassurances over the Winter Olympics in Sochi needed clarification. “We don’t think it is a fundamental issue, more a translation issue.”
(Radio New Zealand)

SOUTH AFRICA
Fear of offending betrays hard-won rights
When President Jacob Zuma and the ANC calls on “intellectuals” not to be “antagonistic”, it raises several questions, says Judith February and Richard Calland.
(St Kitts News)

ST KITTS
Press Freedom and Freedom of Information Act
Press freedom and Freedom of Information Act are like two wings on which transparency, accountability and openness in government rises to the needs of democracy and good governance.
(St Kitts News)

SWITZERLAND
The power of pictures
Swiss photographer Christian Lutz began a reportage on the International Christian Fellowship (ICF) more than two years ago after gaining explicit approval from the founder of the community, its managers and event organisers. But more than 20 legal complaints stopped the publication of Lutz’s book, In Jesus’ Name.
(Swiss Broadcasting Corporation)

UNITED STATES
‘Boobies,’ the courts and free speech
The courts must protect the rights of students to express themselves on social and political issues.
(Los Angeles Times)

Political signs are free speech, not a blight on suburban lawns
While many consider political signs ugly and annoying, they are free speech at its purest. In case after case, courts have struck down efforts to limit this most basic form of political speech. In 1994, the U.S. Supreme Court ruled unanimously in City of Ladue et al. v. Gilleo that curbs on political lawn signs were unconstitutional.
(Syracuse.com)


Previous Free Expression in the News posts
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A conversation with Boniface Mwangi, Kenyan activist and photographer

(Photo: Courtesy Boniface Mwangi)

(Photo: Courtesy Boniface Mwangi)

Boniface Mwangi is an award winning Kenyan photographer and activist.  During the 2007 post-election skirmishes he took thousands of photos. His coverage of those attacks entailed great danger as, more often than not, he had to falsify his ethnic identity. In 2009 he founded Picha Mtaani, the first-ever street exhibition in Kenya which was held in towns across the country, showcasing the post election violence photographs to a wider audience beyond Nairobi.

Mwangi has been recognized as a Magnum Photography Fellow, Acumen Fund East Africa Fellow, TED Fellow, and twice as the CNN Multichoice Africa Photojournalist of the Year, among other awards. He currently runs Pawa 254, a collaborative hub for creatives in Kenya. Mwangi recently received the Prince Claus Award 2012 and is now a senior TED fellow.

Mwangi was interviewed by Index on Censorship Head of Arts Julia Farrington at an arts event in Ethiopia in July.

Index: How would you describe Kenyan government’s position on freedom of expression?

Mwangi: Recently the president and deputy president had a media breakfast and invited all the top editors and bloggers, writers at the state house to a meeting.  This is unheard of, it has never happened before.  The new government is being advised by a British firm advising – it was actually the same firm that advised the US government on how to deal with insurgency in Afghanistan.  They are a very smart PR company, they know how to package lies and make it look like the truth, they know how to package crap and sell it to the electorate.   At the moment there is a communication bill that is going through parliament which goes against freedom of speech and when they met, the media said they want self-regulation, they don’t want to be regulated by the state.

But beyond this censorship in Kenya is by choice – it is because of the owner’s business interest; they don’t upset the system because they are going to lose business, lose money.  The biggest advertisers in the country are the government and the bigger corporations.   Editors know as long as they go on the path of truth, they won’t sell advertising space.  They spend so much money on advertising – so it is more self-censorship than anything else.

Kenyan journalists are poorly paid. They are paid by story and the money is very little which makes them easy to be bribed, corruptible.  If you work in the rural area you have no transport and to get around you rely on the local police to give you a ride or the local politician or drug lord and you get compromised in the process.  I worked for five years I know how it works there is a lot of brown envelopes exchanging hands, depending on who is who.  And sadly no-one talks about corruption in the media.

Index: You are saying media is compromised but it is essentially independent?

Mwangi: It is independent – there is very little government interference. It’s almost non-existent – they know the media is controlled by interest. Not a single journalist is in jail at the moment. In the previous government there were a lot of libel suits that were awarded to politicians, actually a ridiculous amount of money was involved, but that has stopped.

The other thing is the emergence of bloggers and citizen journalists who can write about anything, which is actually a good and a bad thing because they can write about rumours and attack people’s lives.  But sometimes they can become an alternative channel for communication. I have seen a lot of stories that have not made it into the mainstream media, but if you go on line or if you buy the tabloids, it may be exaggerated but there may be some truth in it.

Index: How would you describe the Kenyan’s people’s appetite for freedom of expression?

Mwangi: Kenyan people do not want to fight for their freedoms, they want activists to do it for them, so it is only a minority who are fighting for these rights.  There is this wait and see approach on these issues, and it hurts the whole country.  Kenyans have all grown up with parents who told them, don’t protest you are going to get arrested, and that fear has been carried out to this generation.  There is the lock in the mind of Kenyan people that says we can’t do this, it isn’t possible it is too scary, too daring and dangerous to do it.  If you don’t overcome that fear it is going to be passed on to my kids and my kids’ kids so that is what we are trying to do, to give people courage.  Our acts of courage are trying to get the people to protest and resist injustices with confidence that nothing bad will happen to them.

Index: You believe doing very extreme, provocative actions is the right way?

Mwangi: We are always going for the shock effect.  The shock effect says that if they can do that then other people can do some smaller than that.  It has an influence – if I can do it you can do it.

Index: You don’t think it alienates?  People could say those guys are crazy?

Mwangi: I don’t think many people think we are crazy – maybe some upper class people and some politicians.  But the people understand where we are coming from and they understand our anger and given the chance they would also do extreme things, but they are actually afraid.

Index: Do you think that part of what you need to do is to test the boundaries of the law especially in the context  of the new constitution?

Mwangi: We need to do that for Kenyans because we have some over-zealous police officers who arrest and charging people using non-existent laws . So it is important that people understand their rights. And the police should be educated on the bill of rights so that they don’t infringe on Kenyan’s rights.

Index: Some say freedom is a luxury, let’s get people housed and educated first and then let’s turn our minds to freedom of expression.  What do you think?

Mwangi: Education is a term that is used very loosely.   Many Kenyans are very full of wisdom and they have never been to school.  So when you are talking about education you are talking about western standards of how people get educated – more education in what they call the ‘good life’ that isn’t going to change anything.

Freedom is good – it gives human beings dignity, with freedom you can do what you want – it means you can challenge authority, you can give feedback to the government about how you feel.  So if you look at a dictatorship most of them stagnate because there is only one thinker amongst a population of many people. That one thinker cannot be omnipresent then you find that there is a shortage of ideas and a want of thinking.  So freedom of expression is key to life and to democracy. It has to be there at the start  – it is like life.

Index: This space which you have created – is it for a planning space for activists?  Or it’s a public space? Or it’s both.

Mwangi: It is a space for creatives where we people share plan events, protest, a place where people discuss.  So it’s a place where you can come in any time and discuss, read a book, come in anytime and do a grafitti or just chill or read a book. It’s called PAWA 254.  Creatives, activists, journalists and film-makers, guys and women who are like minded who have a real job or a real career but they want a place where they can come and meet like-minded people and discuss.

It is open every day, we plan for it to be open 24 hours per day. And the debate nights are every Tuesday and other days we have different activities where we train activists, photographers, animators or cartoonists – different trainings going on at any given time.

Index: The authorities know you are there.  Do they let you get on with it?

Mwangi: The thing is we have a very progressive constitution if you come to my property they need to have a search warrant or a warrant for my arrest.  They can’t just come and ask questions.  They have to read me my rights.  That is actually something that doesn’t happen in this continent but Kenya has a very progressive constitution, which if everything was working could make it a beacon of democracy and human rights.

Free expression in the news

#DONTSPYONME
Tell Europe’s leaders to stop mass surveillance #dontspyonme
Index on Censorship launches a petition calling on European Union Heads of Government to stop the US, UK and other governments from carrying out mass surveillance. We want to use public pressure to ensure Europe’s leaders put on the record their opposition to mass surveillance. They must place this issue firmly on the agenda for the next European Council Summit in October so action can be taken to stop this attack on the basic human right of free speech and privacy.
(Index on Censorship)

CHINA
Fault Lines Laid Bare in Hong Kong
To her supporters, Alpais Lam Wai-sze, an award-winning primary schoolteacher who shouted obscenities at the Hong Kong police last month over their handling of a street dispute between a pro-Chinese Communist Party group and an anti-Communist group, is a free-speech heroine.
(The New York Times)

GAZA
Gazans Use Satire to Bypass
Political Censorship

Cynical television presenters such as Egyptian Bassem Youssef may soon no longer appear on Palestinian television outlets as a result of the increased censorship imposed on local media. Yet, this same censorship has stood helpless with the spread of sarcastic literature and media published on social networking sites.
(Al Monitor)

MEXICO
Mexico: self-censorship for survival
Journalists in Mexico are increasingly publishing their articles anonymously. Attaching your name to a report, an article or a picture is an obligation and a right. But doing so in Mexico can cost journalists their jobs or their lives. The biggest danger facing reporters there is not being hit by a stray bullet. No, the main peril is being murdered in order to silence and censor the media.
(Radio Netherlands)

PAKISTAN
Pakistani artists challenging YouTube ban
YouTube is a source of entertainment and news for billions around the world, but Pakistanis have lost access to the video site for almost a year after clips of the controversial film “Innocence of Muslims” prompted a government ban.
(CNN)

SINGAPORE
Singapore: End ‘Scandalizing the Judiciary’ Prosecutions
Singapore’s Attorney General’s Chambers should cease using contempt of court charges to muzzle critics of the judiciary.
(HRW)

TURKEY
Singapore: End ‘Scandalizing the Judiciary’ Prosecutions
Singapore’s Attorney General’s Chambers should cease using contempt of court charges to muzzle critics of the judiciary.
(HRW)

UNITED STATES
The more nefarious US foreign policy, the more it relies on media complicity
Americans are shielded from the ugly consequences of US military power by our journalists’ self-censorship
(The Guardian)

National Park Service’s First Amendment Violations Covered Up by Hometown Paper
During the Saint Augustine Tea Party’s month-long saga of standing up for Free Speech, the Right of Assembly and the American way, the local print newspaper, The St Augustine Record, remained elusive and nowhere to be found.
(Examiner.com)

States take aim at sex-ad websites, but run into resistance
A two-word change proposed to one of the nation’s first online laws has triggered a battle between law enforcement and Internet libertarians.
(The Free Press)


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