Anupam Chander on the Challenge of Regulating Free Speech Online
02/15/24 • 66 min
One of the guiding norms that has shaped the internet over the last few decades is that of online free speech. This norm is protected in many countries by exempting online platforms and intermediaries from liability for the user-generated content published on these platforms. For example, in India, Section 79 of the IT Act of 2000 protects intermediaries from such liability. However, over the last few years, these exemptions have been under scrutiny. Many have called for greater regulation of the practices of platforms such as Facebook, WhatsApp, Twitter, and Reddit. Some reasons for this are the problems related to disinformation, instances of incitement to violence through these platforms, and the censorship of free speech in some cases. To address such concerns, some legislation has been floated or enacted in jurisdictions such as the United States, India, and the European Union.
How will these laws alter the digital economy and the norm of protecting free speech online? What are the risks associated with implementing such legislation? What should policymakers keep in mind as these developments pan out?
In this episode of Interpreting India, Anupam Chander joins Anirudh Burman to discuss these pressing questions.
Episode Contributors
Anupam Chander is the Scott K. Ginsburg Professor of Law and Technology at Georgetown University Law Center. He is the author of The Electronic Silk Road and an expert on the global regulation of new technologies. He practiced law in New York and Hong Kong with Cleary Gottlieb Steen & Hamilton. He has been a visiting law professor at Yale, the University of Chicago, Stanford, Cornell, and Tsinghua. He previously served as the director of the California International Law Center and the Martin Luther King, Jr. Professor of Law at UC Davis.
Anirudh Burman is an associate research director and fellow at Carnegie India. He works on key issues relating to public institutions, public administration, the administrative and regulatory state, and state capacity. He has also worked extensively on financial regulation and regulatory governance.
Readings:
Facebookistan by Anupam Chander
Free Speech by Anupam Chander and Uyên P. Lê
Googling Freedom by Anupam Chander
The Electronic Silk Road by Anupam Chander
Gonzalez v. Google LLC, 598 U.S. ___ (2023)
Every two weeks, Interpreting India brings you diverse voices from India and around the world to explore the critical questions shaping the nation's future. We delve into how technology, the economy, and foreign policy intertwine to influence India's relationship with the global stage.
As a Carnegie India production, hosted by Carnegie scholars, Interpreting India, a Carnegie India production, provides insightful perspectives and cutting-edge by tackling the defining questions that chart India's course through the next decade.
Stay tuned for thought-provoking discussions, expert insights, and a deeper understanding of India's place in the world.
Don't forget to subscribe, share, and leave a review to join the conversation and be part of Interpreting India's journey.
One of the guiding norms that has shaped the internet over the last few decades is that of online free speech. This norm is protected in many countries by exempting online platforms and intermediaries from liability for the user-generated content published on these platforms. For example, in India, Section 79 of the IT Act of 2000 protects intermediaries from such liability. However, over the last few years, these exemptions have been under scrutiny. Many have called for greater regulation of the practices of platforms such as Facebook, WhatsApp, Twitter, and Reddit. Some reasons for this are the problems related to disinformation, instances of incitement to violence through these platforms, and the censorship of free speech in some cases. To address such concerns, some legislation has been floated or enacted in jurisdictions such as the United States, India, and the European Union.
How will these laws alter the digital economy and the norm of protecting free speech online? What are the risks associated with implementing such legislation? What should policymakers keep in mind as these developments pan out?
In this episode of Interpreting India, Anupam Chander joins Anirudh Burman to discuss these pressing questions.
Episode Contributors
Anupam Chander is the Scott K. Ginsburg Professor of Law and Technology at Georgetown University Law Center. He is the author of The Electronic Silk Road and an expert on the global regulation of new technologies. He practiced law in New York and Hong Kong with Cleary Gottlieb Steen & Hamilton. He has been a visiting law professor at Yale, the University of Chicago, Stanford, Cornell, and Tsinghua. He previously served as the director of the California International Law Center and the Martin Luther King, Jr. Professor of Law at UC Davis.
Anirudh Burman is an associate research director and fellow at Carnegie India. He works on key issues relating to public institutions, public administration, the administrative and regulatory state, and state capacity. He has also worked extensively on financial regulation and regulatory governance.
Readings:
Facebookistan by Anupam Chander
Free Speech by Anupam Chander and Uyên P. Lê
Googling Freedom by Anupam Chander
The Electronic Silk Road by Anupam Chander
Gonzalez v. Google LLC, 598 U.S. ___ (2023)
Every two weeks, Interpreting India brings you diverse voices from India and around the world to explore the critical questions shaping the nation's future. We delve into how technology, the economy, and foreign policy intertwine to influence India's relationship with the global stage.
As a Carnegie India production, hosted by Carnegie scholars, Interpreting India, a Carnegie India production, provides insightful perspectives and cutting-edge by tackling the defining questions that chart India's course through the next decade.
Stay tuned for thought-provoking discussions, expert insights, and a deeper understanding of India's place in the world.
Don't forget to subscribe, share, and leave a review to join the conversation and be part of Interpreting India's journey.
Previous Episode
Vijay Gokhale on Crosswinds of History: India, China, and the Cold War's Hidden Game
In this episode of Interpreting India, we delve into the often-overlooked history of India's early relationship with China. Author Vijay Gokhale former Indian Foreign Secretary, takes us back to the 1940s and 50s, exploring pivotal moments like India's quick reaction of the People's Republic of China and its involvement in the Taiwan Straits crises. Beyond familiar narratives of border disputes and Tibet, Gokhale sheds light on a "forgotten" rivalry: the struggle between a declining British Empire and a rising United States, which powerfully shaped India's diplomatic dance with both China and the West. We navigate the complex alliances under Prime Minister Nehru, gleaning valuable lessons for understanding India's present approach to Asia and China. Gokhale's book, "Crosswinds," offers a new perspective on this crucial period, prompting us to reconsider the forces that shaped a nation's foreign policy. So, tune in as we unpack the past, revealing its enduring relevance for the present and the future.
EPISODE CONTRIBUTORS
Vijay Gokhale is a nonresident senior fellow at Carnegie India. Mr. Gokhale retired from the Indian Foreign Service in January 2020 after a diplomatic career that spanned thirty-nine years. From January 2018 to January 2020, he served as the foreign secretary of India.
Srinath Raghavan is a nonresident senior fellow at Carnegie India. He is also a professor of International Relations and History at Ashoka University. His primary research focus is on the contemporary and historical aspects of India’s foreign and security policies.
ADDITIONAL READINGS
Crosswinds: Nehru, Zhou and the Anglo-American Competition over China, by Vijay Gokhale
After Tiananmen : The Rise of China by Vijay Gokhale
The Long Game: How the Chinese Negotiate with India, by Vijay Gokhale
Tiananmen Square: The Making of a Protest, by Vijay Gokhale
The Security Dilemma and India-China Relations, by Srinath Raghavan
Vijay Gokhale on China's India Policy and India-China Relations
Every two weeks, Interpreting India brings you diverse voices from India and around the world to explore the critical questions shaping the nation's future. We delve into how technology, the economy, and foreign policy intertwine to influence India's relationship with the global stage.
As a Carnegie India production, hosted by Carnegie scholars, Interpreting India, a Carnegie India production, provides insightful perspectives and cutting-edge by tackling the defining questions that chart India's course through the next decade.
Stay tuned for thought-provoking discussions, expert insights, and a deeper understanding of India's place in the world.
Don't forget to subscribe, share, and leave a review to join the conversation and be part of Interpreting India's journey.
Next Episode
Jabin Jacob on China’s Increased Presence in South Asia
South Asia is a region of remarkable diversity, encompassing countries such as Sri Lanka, Pakistan, India, Bangladesh, Nepal, Bhutan, Afghanistan, and Myanmar. Typically, India has been considered the power most capable of exercising its influence in the region. Yet, in recent years, there has been another power that has laid claim to South Asia as part of its periphery and has sought to expand its influence in the region. For the past decade and a half, China has made deeper inroads into South Asia, not only offering capital and infrastructure, but also deepening political ties and people-to-people relations.
When did we begin seeing China’s interest in the region? How does China interact differently with South Asia compared to other powers like the United States? How does China’s slowing economy affect its economic engagement in the region?
In this episode of Interpreting India, Jabin Jacob joins Saheb Singh Chadha to answer these pressing questions and discuss recent developments in South Asia.
Episode Contributors
Jabin Thomas Jacob is associate professor at the Department of International Relations and Governance Studies at the Shiv Nadar Institute of Eminence, a nonresident fellow at the Centre for Social and Economic Progress, and adjunct research fellow at the National Maritime Foundation, New Delhi. Jacob holds a PhD in Chinese Studies from the School of International Studies, Jawaharlal Nehru University, New Delhi and has spent time as a researcher in Taiwan, France, and Singapore. His research interests include Chinese domestic politics, China-South Asia relations, Sino-Indian border areas, Indian and Chinese worldviews, and center-province relations in China.
Saheb Singh Chadha is a research analyst in the Security Studies Program at Carnegie India. His research focuses on China’s foreign and security policies, India-China relations, and India’s military modernization. He is broadly interested in the geopolitics of South Asia and the Indo-Pacific. He is also a researcher on a project examining the nature and dynamics of cross-border violence and its impact on civilian communities.
Additional Readings
How China Engages South Asia: Themes, Partners and Tools, edited by Constantino Xavier and Jabin Jacob
G20 in Delhi, US Ties, Global South Leadership: Decoding Beijing Worldview Through Chinese Press by Jabin Jacob
A Fresh Look at India’s Neighborhood First Policy, by Constantino Xavier and Milan Vaishnav
China’s Influence in South Asia: Vulnerabilities and Resilience in Four Countries by Deep Pal
Every two weeks, Interpreting India brings you diverse voices from India and around the world to explore the critical questions shaping the nation's future. We delve into how technology, the economy, and foreign policy intertwine to influence India's relationship with the global stage.
As a Carnegie India production, hosted by Carnegie scholars, Interpreting India, a Carnegie India production, provides insightful perspectives and cutting-edge by tackling the defining questions that chart India's course through the next decade.
Stay tuned for thought-provoking discussions, expert insights, and a deeper understanding of India's place in the world.
Don't forget to subscribe, share, and leave a review to join the conversation and be part of Interpreting India's journey.
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