India's WhatsApp arrests: When speech regulation goes "overboard"
Legal persecution of citizens over their social media activity is nothing new and has often been used as a tool of repression in many countries. But the current environment in India is tense. In recent times, there have been several arrests over seemingly harmless activity online, even on private messaging apps like WhatsApp. What is behind this trend?
Free speech in India: from offline to online
For any system to function stably, free speech cannot be unconditional. In India, many laws relating to the physical world prevent "free speech" from turning into "hate speech", like the IPC's Section 153A and 505. Even Section 144 has been used to prevent "unlawful assembly" online. There's the controversial Section 66A to regulate virtual activity. It was scrapped in 2015, but its use continues.
Regulation moves from Facebook to WhatsApp
The drive to curb speech online started with Facebook, a public social media platform, when people were being arrested even for "liking" questionable posts. But now the focus has turned to WhatsApp, a private messaging app. And with good reason: WhatsApp has often been used to circulate potentially inciting information. Earlier, the Varanasi DM announced WhatsApp group admins responsible if members circulate misleading information.
But how is WhatsApp more dangerous than Facebook?
WhatsApp has over 200mn monthly users in India. Naturally, there's no self-censorship. Contrary to Facebook, messages are one-on-one; a personal connect lends more credibility. Also, unlike a Facebook post which might be missed by a user, everyone on WhatsApp will see every message being sent.
Though regulation of speech is necessary, it is subjective too
Experts say frequent arrests over online activity are largely about an overenthusiastic criminal justice system going "overboard" to keep the political establishment happy. Advocate Apar Gupta has examples of misuse: IT laws prevent morphing of images to prevent crimes against women, but political caricatures aren't illegal. Lying, cussing, even rumors, are also not criminal by themselves. But many have been arrested for just these.
If this continues without checks, it could have massive consequences
Lawyer Akhil Sibal says such charges won't hold in a court of law, "but the person booked has to…deal with the harassment". Though the current laws look good technically, there has to be efficient implementation: authorities should analyze if questionable speech might actually incite violence or have criminal intentions. Else it'll only create a police state and its characteristic environment of secrecy, Gupta says.
