Content Moderation

The Intermediary Guidelines 2021 just make things more confused. It will cover social media intermediaries on the basis of registered users and not active users which can be a big deal for many companies that have a relatively small active Indian user base. It will apply to services that provide messaging as just an ancillary service - and most digital platforms do that. Voluntary verification is also a strange requirement since it doesn’t ensure traceability because its not mandatory. Anyone who fails to comply even with the most minor requirements of the regulations will lose their intermediary liability protections.

We gave internet companies immunity for the content the flows through their pipes because communication infrastructure should have no opinion on the content. This, however does not solve the problem of offensive content - at best it passes the buck. We need a framework for determining what is acceptable speech. Governments should develop prohibited content dashboards so that internet companies can understand clearly what content is permissible and what is not.

Digital platforms face a number of challenges when it comes to content moderation, particularly when compared with traditional media’s editorial oversight. Most platforms adopt an “after-the-fact” approach to taking-down the content but they may be better off using algorithmic tools to dampen the virality of offensive content without infringing on free speech.

I believe the Indian government should introduce Good Samaritan protections in its new Intermediary Guidelines, prosecuting those who negligently allow violative content on their platforms. There is a need for a balanced approach that encourages responsible moderation without stifling free speech.

With the rise of hyper-realistic deepfakes, discerning truth becomes harder. We need to learn to be more skeptical of the content we receive and constantly question its authenticity. Its not hard to do as we have done this before.