Social media hub, government and business

Last week, the Central Government withdrew its proposal to create a social media communications hub, which was envisaged to monitor social media in the country. The apparent reason was to review and improve the reach of social welfare schemes through social media campaigns. However, Opposition and social activists opposed the project and termed it surveillance under the pretext of evaluation of welfare schemes. Interestingly, last month, the Supreme Court, in a petition filed to challenge the project, had made the observation that if the State can be legally allowed to go through each and every message on social media, it would be nothing else but living in a surveillance state, which surely hadn't been the goal of the founding fathers of the constitution of India. Fundamental rights, especially the right to free speech and expression, would be directly hit.

Better sense prevailed, and following a non-confrontationist approach, the idea of such a centre or hub has been shelved. Political reasons, particularly in the approaching election year, might have dominated the decision-making process. The government might not have mustered enough courage to take it forward and get it truly tested for its constitutional validity under judicial review. Moreover, the current relationship between the government and the higher judiciary is anything but cordial and amiable. Though there is a valid reason — of national security and maintaining law and order — with the government to be able to monitor innumerable messages on social media, the legal framework as interpreted by the judiciary has to be honoured.

Mass surveillance is not desirable in real democracies. It is only on reasonable suspicion that investigation can be carried out and the State has to build a case. Big data and strong tools of data analysis have made it a child's play to dig out relevant data and arrange that data in any format. Profiling of persons on the basis of data so collected is a direct infringement of one's privacy and can in no way be allowed legally in a country committed to rule of law. The government had already issued a request for proposal (RFP) to invite tenders for setting up social media communication hub and also reviewing welfare programmes. All this was done using a public sector unit Broadcast Engineering Consultants (BECIL), very closely connected with the Information and Broadcasting (I&B) Ministry at the Centre.

This relationship, by its very nature, is incestuous and smacks of protectionism and some hidden agenda. Transparency, faith and trust are evidently absent. It might have been the hobby-horse of a few individuals manning the show. But, it was not believed by avid watchers that something really would be initiated to implement the idea of the social media hub. It can be said to be the failure of the bureaucracy and the legal advisors who could not see the writing on the wall. It could have been easily anticipated that such a centre would attract criticism not only from the Opposition, but also the public in general. How could it go through the strict judicial scrutiny?

The Supreme Court on several occasions has earlier struck down laws passed by the legislature, like the National Tax Tribunal (NTT) in 2014, and the National Judicial Appointments Commission (NJAC) in 2015. Though it is possible for the legislature to nullify the effect of the Supreme Court order by again making a law to restore the previous position, it may possibly trigger a battle between the judiciary and the legislature, led by the government.

The current status of confusion over social media communication in India is not conducive for business. There is lack of clarity as to what can be the repercussions in case something is amiss in the messages and who else, besides the sender and receiver, can be hauled up. The companies providing the social network platforms clearly are of the opinion that it is not their job, and it is beyond their technical capability, to filter each and every message and find out different connotations and implications of the language used, which may itself be coded or camouflaged. The innocent users are terrified so as not to get caught on the wrong foot. The hardened professional rumour-mongers are surreptitiously busy finding ways of surviving and thriving in the state of confusion.

We need clarity regarding social media. And, the sooner the better.

The author is a professor at IIM-A, akagarwal@iima.ac.in