IGF 2021 Lightning Talk #13 Exploring Co-Regulatory Mechanisms on Platform Governance in the Indian Policy Context

The recent iteration of India’s Intermediary Rules have been widely touted to be problematic by stakeholders across the spectrum. With concerning provisions on content takedowns, timeframes and traceability that are detrimental to free speech, expression and personal privacy of users, these regulations might have the potential to not only threaten their digital freedom, but also endanger the concept of an Open Internet. While the State’s intent behind these regulations might be constructive; to prevent harms and mitigate instances of mis/disinformation and hate speech, the efficacy and impact of policy instruments deployed for the same, are debatable. Further, some of these provisions can stifle innovation and retard the internet economy in the country. Self-regulation by intermediaries — the other alternative here, has also failed to find ground in India. Such a policy standoff demands the need for adaptive, smart and multi-stakeholder driven collaborative regulations, that are supplemented with transparency. A consultative co-regulatory framework, that is built on equitable representation, is the need of the hour. It is with this context that this lightning talk will explore the kinds of co-regulatory interventions that can be made to better regulate internet intermediaries in India. Some key questions that the lightning talk will seek to address: 1. Can the current policy predicament contextualise, adopt and appropriate co-regulatory models on platform governance like the EU’s Digital Services Act and issue-specific Code of Conduct(s)? 2. Are there domestic use-cases on mechanisms that can be taken for potential policy design? 3. What global standards, best practices and judicial tools must be used while shaping inclusive, just and adaptive regulation for intermediaries in India?

1. Giving clear context quickly, higher focus on addressing questions given 2. The Q/A section can be interactive in nature, through 1:1s on the virtual participation platform 3. Simple show of hands to assess efficacy of co-regulation, at the end of the talk