Sign up for The Media Today, CJRâs daily newsletter.
Last weekend, the Indian government ordered YouTube to remove clips from a BBC documentary. It sent a similar order to Twitter, telling that platform to remove any tweets that featured links to those clips and pointing to more than fifty specific posts that had done so. The documentary, called India: The Modi Question, covers, in part, a series of violent riots in the western Indian state of Gujarat in 2002. More than a thousand people diedâmost of them Muslims. The documentary features quotes from UK government correspondence that described the riots as having had âall the hallmarks of an ethnic cleansingâ and held Narendra Modi, a Hindu nationalist who was then the chief minister of Gujarat, âdirectly responsible.â Modi is now Indiaâs prime minister.
According to the orders from Indiaâs Ministry of Information and Broadcasting, the clips from the documentary and the tweets referring to them were to be removed under information technology laws that the Modi government implemented in 2021. According to one report, senior officials from different branches of the government reviewed the documentary and found it to be âan attempt to cast aspersions on the authority and credibility of the Supreme Court of India, sow divisions among various Indian communities, and make unsubstantiated allegations regarding the actions of foreign governments in India.â (The Supreme Court had previously cleared Modi of blame for the riots.) One official told The Hindu that the documentary undermined âthe sovereignty and integrity of Indiaâ and had the potential to âadversely impact public order within the country.â
ICYMI: Khaled Drareni on a worrying moment for press freedom in Algeria
India has several laws that give officials the authority to order information providers to remove or block access to content, including the Information Technology Act of 2000, which allows the government to block content âin the interest of sovereignty and integrity of India, security of the State, and public order.â The additional law that the Modi government passed in 2021 bills itself as a âdigital media ethics codeâ that requires social media platforms to take down content within thirty-six hours of receiving a government order, and to otherwise assist law enforcement agencies with their inquiries. Foreign social media companies are required to employ a local staffer who can handle such official requests. Some critics have referred to this as a âhostage-taking law,â on the grounds that these local employees could end up in prison should their employer refuse to play ball.
In February 2021, amid widespread protests sparked by new agricultural laws, Twitter took down more than five hundred accounts that had posted critical comments about Modi and the government; the company also used its âcountry withheldâ feature, a geo-blocking tool, to hide tweets from users located in India. (They remained visible for users elsewhere.) At the time, Twitter said that it had refused to remove any accounts or tweets belonging to journalists, politicians, or activists because it believed that doing so âwould violate their fundamental right to free expression.â And Twitter said that it was committed to maintaining a healthy conversation on its platform, insisting that âthe tweets should flowââa clear echo of language that the company used in 2011, after the Egyptian government shut off access to the internet during the Arab Spring uprising there.
In the 2021 case, Twitter initially refused the Indian governmentâs takedown requests before the company folded and complied. Last July, in a separate case, Twitter went further in its attempts to push back, suing the Indian government over a decree that forced the company to remove tweets and block a number of accounts, as I wrote for CJR at the time. (It wasnât clear which tweets and accounts were in question because Indian law gags platforms from talking publicly about the orders they receive.) Twitter initially obeyed the order but then filed the suit, arguing that the government had interpreted the law too broadly, according to a report in the New York Times. The suit described the order as overbroad, arbitrary, and disproportionate; the content in question, Twitter argued, was either political commentary, criticism, or otherwise newsworthy, and therefore should not be removed. (The case, as far as I can tell, is ongoing.)
In 2021, Maddy Crowell wrote for CJR that the Modi governmentâs weaponization of Twitter had endangered a number of news publishers, not least Caravan, which Crowell (who once interned at Caravan) described as one of the few Indian media outlets that had ârefused to fall under the sway of the government or its acolytes,â and which had become known for publishing hard-hitting investigations of those in power. One day, without warning, Twitter took down Caravanâs account, along with more than two hundred and fifty others. The government told Caravan that one of its tweets amounted to âmalicious social media propagandaâ that could âlead to creating turmoil and havoc in the minds of the public.â
As Paroma Soni reported for CJR, also in 2021, the rules under which a tweet may be considered inflammatory are now much broader in India than they had been in the past; tweets can be cited as âobjectionableâ or âseditiousâ if they contain dissent of any kind, Soni wrote, and criticism of sexual violenceâwhen the perpetrators were Hinduâhas also been branded as dissent. The government has given itself the power to remove any form of content it sees as âanti-national,â but the definition of that term is murky, Soni wrote. Now the government is reportedly considering new laws that would further extend its control over social media: according to Reuters, a draft proposal published recently would allow the government to order the removal of any information identified as âfake or falseâ by the governmentâs communications department or any other agency that has been officially authorized for fact-checking. The proposal, the Editors Guild of India said in a statement, âwill stifle legitimate criticism of the government and will have an adverse impact on the ability of the press to hold governments to account.â
India isn’t the only country to have weaponized laws supposedly targeted at misinformation or offensive content against speech that the government dislikes. Vietnam and Pakistan already have so-called âfake newsâ rules that give their respective governments wide latitude to remove content, or force companies to do so, in the name of âpublic order and security.â Brazil and Poland are considering similar laws. Recently, the government of Turkeyâwhere the increasingly authoritarian president, Recep Tayyip ErdoÄan, is seeking reelection this yearâpushed through a law that threatens lengthy jail terms for the authors of stories and social media posts that âspread information that is inaccurateâ and create âfearâ and âpanicâ in areas including âdomestic and external security,â âpublic order,â and âpublic health.â
Twitter, of course, has changed hands since it sued the Indian government last year. Its new owner, Elon Musk, once called himself a âfree-speech absolutist,â but, as I wrote recently, his behavior at Twitter so far has not reflected that idealâand that was before being asked to stand up to any foreign governments. âThereâs this deep tension in the way that Elon Musk has talked about how heâs going to run the platform,â Evelyn Douek, an assistant professor at Stanford who researches online speech, told Time magazine for a story about Twitterâs âIndia problemâ that predated the governmentâs censorship of the BBC documentary. âHis proclamations about being a free-speech platform would suggest standing up to authoritarians, who are the biggest threat to free speech. But he has also said he will obey local lawsâwhich, in many areas of the world, means being far more restrictive than Twitterâs current content moderation rules.â Since Muskâs takeover, Twitter has reportedly restored several Hindu-nationalist accounts known for posting hate speech directed at Muslims. This week, the platform complied with the Indian governmentâs request to take down links to the BBC documentary.
Social media is not the be-all and end-all of political speech, of course, nor is it the only focus of censorship in India. Modiâs government, indeed, seems willing to go to extraordinary lengths to stop people from watching the BBC documentary. On Tuesday, students in New Delhi tried to screen the program at a university. The government responded by cutting off the power.
Other notable stories:
- Yesterday, Meta, the parent company of Facebook and Instagram, announced that it will soon reinstate Donald Trumpâs accounts on both platforms, two years after he was kicked off in the wake of the insurrection at the Capitol on January 6. Nick Clegg, Metaâs president of global affairs, wrote in a blog post that âthe public should be able to hear what their politicians are sayingâthe good, the bad and the ugly,â and that Meta deems safety risks associated with Trumpâs presence on the platforms to have âsufficiently receded.â Clegg also insisted that Trumpâs reinstatement will come with âguardrails,â and that he could face further suspensions or other limits on his accounts in the futureâthough, per CNNâs Oliver Darcy, he will still be allowed to rage-post about the 2020 election.
- Recently, the Times reported thatâin spite of prior suggestions that it would snub mainstream networks as it organizes primary debates ahead of the 2024 presidential electionâthe Republican Party has been in early debate talks with a broad range of potential hosts, including CNN, a favorite target of media-bashing GOP officials. Now Semaforâs Shelby Talcott reports that party leaders want Republican presidential candidates to be âput to the testâ with substantive policy questions following a midterm cycle in which candidates who appealed solely to right-wing media often floppedâthough the party does still want conservative outlets to provide moderators for debates.
- Nieman Labâs Sarah Scire checked in with unionized journalists at the Pittsburgh Post-Gazette, who are still striking after walking off the job a hundred days ago, and who may have inspired similar recent walkouts at other titles after a long stretch without a newspaper strike in the US. Meanwhile, the NewsGuild-CWA, a national media union, asked federal antitrust enforcers to investigate after Block Communications, the family-run company that owns the Post-Gazette, agreed to acquire the Pittsburgh City Paperâa rival alt-weekly that has aggressively covered the Blocksâvia a subsidiary.
- Yesterday saw the launch of The Dial, a new monthly magazine that promises to âpublish original reporting and literature organized around a pressing subject or questionâ and also to run content in translation, âbringing new and celebrated voices from beyond the Anglosphere to our readers.â The Dialâs first issue, titled âEgg,â focuses âon the global fight for bodily autonomy and reproductive justiceâ and features dispatches from Buenos Aires, Warsaw, and Istanbul, as well as poetry translated from Korean.
- And Margaret Sullivan, who stepped down last year as the media critic at the Washington Post, is joining the US edition of The Guardian, where sheâll write a weekly column âon media, politics, culture, and the urgent moral and political debates of the moment.â (Sheâs also currently teaching at Duke University.) ICYMI, I interviewed Sullivan last week to get her take on media coverage of the Biden-documents story.
ICYMI: How public policy can help save local news
Has America ever needed a media defender more than now? Help us by joining CJR today.