September 20, 2019
News
PIL in Karnataka HC seeks to regulate streaming platforms under Cinematograph Act
March 4, 2019
The Karnataka High Court has issued notice in a petition seeking that video streaming platforms Netflix, Amazon Prime Video, Hotstar, YouTube and AltBalaji, be brought under the Cinematograph Act and
India: Draft Intermediary Liability Rules, 2018: Docking At Unsafe Harbours?
March 12, 2019
The Information Technology Act, 2000 (" IT Act ") defines an "intermediary" to be a person1 who receives, stores, transmits or provides any service with respect to an electronic record2
Lok Sabha Election 2019: EC guidelines to tackle misuse of social media is good first step, but sticking to rules won't be enough
March 12, 2019
Along with the announcement of the dates for Lok Sabha Elections for 2019 , the Election Commission (EC) has also announced basic guidelines for the use of social media by
Could On-Demand Artificial Intelligence-based Authentication End The Fake News Menace?
March 6, 2019
Against the backdrop of concocted news and political propaganda proliferating through digital media, fake news has become a ubiquitous and very real menace. From Entrepreneur India .
The E.U. Wants to Censor 'Terrorist Content' Online. What Could Go Wrong?
March 12, 2019
Social media platforms continue to struggle with the unenviable balancing act that pits free expression against content moderation. The European Union may soon make this endeavor all the more fraught
Forcing social media companies to act as law enforcers without due legal process undermines fundamental principles of democracy
March 7, 2019
Responding to calls from politicians for founder of the far-right English Defense League Tommy Robinson’s videos to be removed from YouTube, Jodie Ginsberg, CEO of Index on Censorship said: “Tommy
UK government proposals to tackle online harms pose real risk to online freedom of expression
March 6, 2019
Dear Secretary of State, We write to you as civil society organisations who work to promote human rights, both offline and online. As such, we are taking a keen interest
Court Tosses Antitrust Claims That Internet Giants Are Biased Against Conservatives–Freedom Watch v. Google
March 15, 2019
Apologies if I’m not being appropriately empathetic, but I think lawsuits alleging that Internet giants are biased against conservatives are stupid and counterproductive. They are premised on factually unsupportable assertions
A Ten Point Rule of Law Test for a Social Media Duty of Care
March 16, 2019
All the signs are that the government will shortly propose a duty of care on social media platforms aimed at reducing the risk of harm to users. DCMS Secretary of
UK online pornography age block triggers privacy fears
March 16, 2019
The government will next week confirm the launch date for a UK-wide age block on online pornography as privacy campaigners continue to raise concerns about how websites and age verification
The legal implications of non-consensual sharing of intimate images online: finding a solution in criminal, media and technology laws
March 14, 2019
In March 2018, a District Court in West Bengal convicted an engineering student for sharing intimate videos of his ex-girlfriend on a porn website. [1] The court convicted the accused
A French Muslim group is suing Facebook and YouTube for hosting the Christchurch shooting video
March 26, 2019
When that little white box on Facebook asks you, "What's on your mind?", could Facebook be responsible for what you have to say? A group representing French Muslims is suing
The European Copyright Directive: license first, ask questions later
April 2, 2019
It is perhaps understandable that European lawmakers have large Internet companies in their sights. The Cambridge Analytica scandal and subsequent data breaches at Facebook led to admonishments and fines .
We need a better approach to Whatsapp and traceability
March 28, 2019
It’s disingenuous when the Indian government says that they want traceability but “not at the cost of encryption or privacy.” Traceability is bound to be at the cost of privacy,
Australia’s plans for internet regulation: aimed at terrorism, but harming human rights
March 26, 2019
Since the tragic attack on two mosques in Christchurch, New Zealand earlier this month, Australian leaders have raised concerns that social media platforms have become facilitators, if not full-on enablers,
Op-Ed: Section 230 created the internet as we know it. Don’t mess with it
March 29, 2019
Internet companies were once the darlings of Capitol Hill, celebrated by lawmakers as examples of American innovation. It’s safe to say the honeymoon is over. From the Los Angeles Times
Mark Zuckerberg: The Internet needs new rules. Let’s start in these four areas.
March 30, 2019
Technology is a major part of our lives, and companies such as Facebook have immense responsibilities. Every day, we make decisions about what speech is harmful, what constitutes political advertising,
Political Agenda — “Fake News”, Foreign Interference, and Freedom of Expression
March 18, 2019
It’s been about a year since Singapore’s Select Committee on Deliberate Online Falsehoods held its open hearings. Although no Bills have yet been tabled, Singapore is expecting legislation to deal
EU Commissioner Gunther Oettinger Admits: Sites Need Filters To Comply With Article 13
April 3, 2019
EU Commissioner Gunther Oettinger -- well known for being a bit of a bigoted Luddite -- basically crafted the plan that became the EU Copyright Directive when he was the
Terrorist Regulation. Authoritarian Censorship
April 4, 2019
In September 2018, under French and German influence, the European Commission put forward a proposal for a Regulation of the European Parliament and of the Council on preventing the dissemination
Websites to be fined over 'online harms' under new proposals
April 8, 2019
The Department for Digital, Culture, Media and Sport (DCMS) has proposed an independent watchdog that will write a "code of practice" for tech companies. Senior managers could be held liable
Comments on New Australian Law on Online “Abhorrent Violent Material”
April 4, 2019
Australia has adopted a law that would penalize platforms and their executives for a failure to control what it calls “abhorrent violent material.” The law is deeply problematic, as was
Facebook Crackdown Options Abound as Washington Weighs Next Move
April 2, 2019
U.S. lawmakers and privacy advocates have spent the last year hammering Facebook Inc. to change its behavior, prompting billionaire Chief Executive Officer Mark Zuckerberg to reveal his vision for government
New European copyright rules: 'Best efforts' may render them inconsequential
April 1, 2019
With the rise of the Digital Age, the European Union was more than ripe for an overhaul on its Copyright Directive of 2001. Last week, the European Parliament voted in
The Week in Tech: Facebook Is Desperate to Shape Tech Regulation. Should It?
April 5, 2019
Mark Zuckerberg has a vision that he’d like Congress to share. Lawmakers seem to agree that there are too few tech companies with too much power, and that Big Tech
Could Section 230 Protect Facebook From HUD Discrimination Charge?
April 2, 2019
On March 28, the U.S. Department of Housing and Urban Development (HUD) accused Facebook of violating the Fair Housing Act by encouraging discrimination based on race, religion, sex, familial status,
Fighting fake news: can social media be kept on a leash?
April 11, 2019
Facebook recently said in a statement that the company had spent more than 18 months assessing “risk” across its platforms to help ensure that the Lok Sabha election was free
Facebook, Google And Twitter Hit By New Legal Regulation To 'Clean Up Their Acts'
April 8, 2019
On Monday, the U.K. Government published proposals for "tough new measures to ensure the U.K. is the safest place in the world to be online," claiming these to be the
Platform Liability Doesn’t – And Shouldn’t - Depend on Content Moderation Practices
April 9, 2019
In April 2018, House Republicans held a hearing on the “ Filtering Practices of Social Media Platforms ” that focused on misguided claims that Internet platforms like Google, Twitter, and
What we think about the UK government’s ‘Online Harms’ white paper
April 10, 2019
The UK government has just outlined its plans for sweeping new laws aimed at tackling illegal and harmful content and activity online, described by the government as ‘the toughest internet
Egypt’s new ‘Facebook law’ targets freedom of speech
April 11, 2019
Nearly a decade after pro-democracy protests first roiled Tahrir square, political activists in Egypt face a severe new threat to their freedom of speech: a new law governing the use
Upload filters and one-hour takedowns: the EU’s latest fight against terrorism online, explained
March 21, 2019
Though acts of terrorism take place in the real world, they attain a kind of online afterlife. Materials like those from the recent Christchurch shooting proliferate as supporters upload them
Could Article 13's Upload Filters Be Thrown Out Because Of The EU-Canada Trade Deal CETA?
April 17, 2019
Now that the EU's awful Copyright Directive has been passed , it would be easy to give up, and assume that nothing more can be done. That's far from the
Platforms Want Centralized Censorship. That Should Scare You
April 18, 2019
In the immediate aftermath of the horrific attacks at the Al Noor Mosque and Linwood Islamic Centre in Christchurch, New Zealand, internet companies faced intense scrutiny over their efforts to
A Ministry of Truth in Singapore? Reflections on the Anti-Fake News Bill
April 20, 2019
On 1 April, the government of Singapore introduced the Protection from Online Falsehoods and Manipulation Bill . Often referred to as the Singaporean anti-fake news law, it is expected to
Users Behaving Badly – the Online Harms White Paper
April 18, 2019
Last Monday, having spent the best part of a day reading the UK government's Online Harms White Paper , I concluded that if the road to hell was paved with
With New Laws to Filter Online Content, Will the Internet Remain Free and Open?
April 17, 2019
On Monday, the European Union’s member states approved a package of controversial reforms to the bloc’s copyright laws, known as the Copyright Directive, that the European Parliament passed last month.
New Essay: The Complicated Story of FOSTA and Section 230
May 6, 2019
I’m pleased to announce my essay, The Complicated Story of FOSTA and Section 230 . This essay tries to simplify a very complicated set of topics and summarize it in
Just Because The Rest Of The World Doesn't Have A 1st Amendment, Doesn't Mean It Can Trample Online Speech
May 3, 2019
Cecilia Kang recently had a good article in the NY Times about Mark Zuckerberg's bizarre call for governments to take over content moderation on internet platforms. Lots of people pointed
Anti-spam laws are overreaching, say lawyers
April 29, 2019
The Canadian Radio-Television and Telecommunications’ recent guidance on its approach to intermediary liability under Canada’s anti-spam legislation is overreaching and onerous, according to lawyers working in the field. From Law
Why the TikTok ban is worrying
May 2, 2019
In a span of less than two weeks, the Madras High Court has imposed and lifted a ban on the TikTok mobile application, an increasingly popular video and social platform.
Proposed law would allow Texas to sue Facebook and Twitter for limiting free speech
April 29, 2019
A bill before the Texas Senate seeks to prevent social media platforms like Facebook and Twitter from censoring users based on their viewpoints. Supporters say it would protect the free
Asia Internet Coalition criticises Nepal's IT Bill as "vague and unspecific"; cites Shreya Singhal
April 29, 2019
The Asia Internet Coalition has accused the Nepali draft IT Bill of vague phrasing in its restrictions , empowering authorities indiscriminately, and of failing to understand the services it seeks
The Facebook free speech battle, explained
May 14, 2019
Facebook booted a hodgepodge of extremist figures recently, inflaming a faction on the right that is challenging the prevailing legal consensus on what is and isn’t protected speech on digital
Singapore fake news law polices chats and online platforms
May 9, 2019
Singapore has passed a controversial anti-fake news law that gives authorities sweeping powers to police online platforms and even private chat groups. The government can now order platforms to remove
Governments And Internet Companies Agree On Questionable Voluntary Pact On Extremist Content Online
May 16, 2019
Yesterday, there was a big process, called the Christchurch Call , in which a bunch of governments and big social media companies basically agreed to take a more proactive role
Does India need a law criminalising fake news?
May 13, 2019
In what’s being criticised as a controversial and ambiguous law, Singapore’s Protection from Online Falsehoods and Manipulation (Pofma) Law criminalising fake news and allowing the authorities to remove objectionable online
Facebook’s co-founder is making a terrible argument about online speech
May 9, 2019
This morning, Facebook co-founder Chris Hughes made a landmark call to break up Facebook in The New York Times . Hughes — who left the company in 2007 — argues
Facebook Faces a Big Penalty, but Regulators Are Split Over How Big
May 4, 2019
Facebook’s announcement in late April that it had set aside $3 billion to $5 billion to settle claims that it mishandled users’ personal data suggested a strong consensus by federal
Ron Wyden wrote the law that built the internet. He still stands by it — and everything it’s brought with it.
May 16, 2019
Sen. Ron Wyden (D-OR) is one of the co-authors of a law often credited with creating the internet as we know it — and he’s got a few things he’d
Section 230 Keeps The Internet Open For Innovation
May 15, 2019
ex-trafficking victims in California are suing Salesforce , claiming the company helped the now-defunct website Backpage, a classified ads website, in enabling prostitution. Whatever your view on the harm to
Two Calls for Tech Regulation: The French Government Report and the Christchurch Call
May 18, 2019
The rush to bring law and order to online spaces is well and truly on. Two important documents on the topic of online speech regulation have come out of Paris
Germany proposes Europe’s first diversity rules for social media platforms
May 29, 2019
Tighter regulation of social media and other online services in now under discussion in several European countries, as well as in the UK where the government has released a white
UK Internet attitudes study finds public support for social media regulation
May 30, 2019
UK telecoms regulator Ofcom has published a new joint report and stat-fest on Internet attitudes and usage with the national data protection watchdog, the ICO — a quantitative study to
Online Platforms and Users’ Right to Freedom of Expression
May 30, 2019
Freedom of expression is a fundamental right “enshrined”, at the international level, in the Universal Declaration of Human Rights (art 19) and the International Covenant on Civil and Political Rights
To Monitor or Not to Monitor? The Uncertain Future of Article 15 of the E-Commerce Directive
May 29, 2019
Current policy discourse in the European Union is steadily shifting from intermediary liability to intermediary responsibility. The long-established principle prohibiting general monitoring obligations is currently being challenged by two initiatives
Section 230 Doesn’t End Lawsuit Claiming Facebook Facilitated Sex Trafficking–Doe v. Facebook
May 29, 2019
As you may recall, Facebook embraced SESTA/FOSTA during the legislative proceedings. First, following advice from its political advisor Definers, Facebook decided SESTA was less important than the myriad of other
AVMSD and video-sharing platforms regulation: toward a user-oriented solution?
May 28, 2019
Following more than two years of negotiations, the revised EU Audiovisual Media Services Directive was adopted in November 2018, aiming to better reflect the digital age and create a more
Entries
Judgment of the Criminal Court #4 of Murcia, June 21 2019 (ES:JP:2019:30) (SeriesYonkis)
This is a criminal copyright case against the webmasters of a well-known Spanish website called SeriesYonkis, which, until 2014, used to provide links to unauthorized copies of TV series and