Modern Australian
The Times

India’s social media content removal order is a nail in the coffin of the internet as we know it

  • Written by Dan Jerker B. Svantesson, Professor, Bond University
India’s social media content removal order is a nail in the coffin of the internet as we know it

In recent weeks, India’s High Court of Delhi put another nail in the coffin of the internet as we currently know it. The court granted an order requiring Facebook, Twitter and Google to remove certain content globally, based on that content being defamatory under local law in India.

This decision underlines a worrying trend of a “race to the bottom” for internet freedom, where the scope of jurisdiction claimed by the courts is global.

If widely adopted, this may result in a situation where the only content that remains online is that which complies with all the laws of every country in the world.

Another brick in the wall

In reaching its decision, the Indian court relied on a string of recent decisions from around the world. For example, it drew from the Canadian approach in Equustek, where the Supreme Court of Canada ordered Google to remove content globally.

It also referred to a 2017 Australian case in which the Supreme Court of New South Wales ruled Twitter must globally block any future posting by a specific user.

Read more: Facebook goes full circle on censorship, like it or not

The most recent decision referred to was a ruling by the Court of Justice of the European Union (CJEU) in which the CJEU concluded the EU’s e-commerce directive doesn’t prevent courts in EU countries from ordering social media sites to block or remove information worldwide.

Following the CJEU’s decision, several leading commentators argued that, while much has been made of the CJEU’s apparent green light to global takedown orders, in reality this was just a decision about the dividing line between EU law and national law.

Even if this is true, headlines around the world didn’t communicate such a nuanced outcome. And with the current decision from India, we can see with complete clarity how that case is now being used by foreign courts. This shows how careful courts must be as to the messaging of their judgements.

It’s of course possible to suggest this type of application of an EU law case is a mistake by the Indian court, rather than the CJEU - and there is certainly merit in such an argument. However, the CJEU’s decision was a missed opportunity to clearly communicate a general stance against global orders as being standard.

A missed opportunity to explain geo-location technologies

Geo-location technology may be used to block online content within a specified geographical area. This practice caters to a global internet while still respecting differences in laws, and in India’s case could provide an alternative to a global blocking order.

Read more: Governments are making fake news a crime – but it could stifle free speech

However, more than once, courts have failed to understand how this technology operates. And at least on this occasion, errors could have been avoided since the court “had specifically directed the defendants to throw some light on how geo-blocking is done and to keep a technical person present in court to seek clarification on geo-blocking”.

The court said none of the internet platforms had given a detailed explanation as to how geo-blocking is done.

As a result, the court clearly misunderstood the impact of geo-blocking:

If geo-blocking alone is permitted in respect of the entire content, […] the offending information would still […] be accessible from India, […] by accessing the international websites of these platforms.

Where geo-blocking is done by reference to domain names, internet users can indeed use another country’s version of the site in question and access the content. This seems to be the situation the court had in mind.

In contrast, with blocking by geo-location technology, the content is tailored to the user’s location, regardless of which country’s version of the site is accessed. It’s highly unfortunate the court wasn’t made to understand this important distinction.

Silver linings, and the way onward

Although the above probably makes clear that I see the Indian court’s decision as a setback, there are also some positive aspects that ought to be highlighted.

In its decision, the court clearly acknowledged the importance of the scope of jurisdiction issue and the implications of global orders.

The court also devoted considerable effort to discussing case law from around the world. This is an important step if we are to see a global harmonisation in approach. That said, I’d like to add that currently harmonisation seems to be taking us in an undesirable direction, with global blocking/removal orders as standard.

Given the court had taken account of the international environment, it’s disappointing, not to say odd, that it didn’t properly engage with the international law issues raised by the defendants. For instance, defendants mentioned the doctrine of comity, which demands courts take the international impact of their decisions into consideration.

Read more: Caution over the EU's call for global forgetfulness from Google

While the Indian court decision is currently under appeal, there’s no point denying the future of the internet looks bleak when it comes to scope of jurisdiction.

The case discussed here sets an important precedent, not just for India but also the rest of the world. And much is at stake.

Authors: Dan Jerker B. Svantesson, Professor, Bond University

Read more http://theconversation.com/indias-social-media-content-removal-order-is-a-nail-in-the-coffin-of-the-internet-as-we-know-it-126273

Why Protein Bars Are A Convenient Option For Daily Nutrition And Energy

Maintaining balanced nutrition throughout the day can be challenging, especially for individuals with busy schedules, which is why protein bars hav...

Property Settlements After Separation: Key Considerations

Dividing assets after a separation is one of the more complex and emotionally charged aspects of the process. Understanding how property settlements...

Why Dust Control Matters During Bathroom Demolition

People usually expect bathroom demolition to be noisy.  No one thinks of dust — but it turns up everywhere. Inside cupboards. On couches. Along...

Why Roller Shutters And Outdoor Blinds Are Popular For Modern Properties

Many homeowners and businesses now install roller shutters to improve security, privacy, insulation, and weather protection across residential and ...

Slushie Machine Hire for Events: What to Check Before Booking

There's a moment at every great event when guests stop what they're doing and just enjoy something. A slushie machine is often that moment. It draws p...

Why AS/NZS Certified Sunglasses Are Essential for Australian Kids

Australia has some of the highest UV radiation levels in the world. That's not a warning label exaggeration; it's a measurable, documented fact that s...

Why People Regain Weight After Weight Loss?

Losing weight is hard; keeping it off is harder; and regaining it after all that effort is something many people go through more than most realise. ...

10 Benefits of Having a Frozen Yoghurt Machine for Your Business

Frozen yoghurt is a commercially viable dessert option for a wide range of food service businesses due to its versatility, efficiency, and consisten...

Why Slurry Hose is Essential For High-Performance Material Transfer

Handling abrasive and dense materials efficiently requires specialised equipment, which is why a slurry hose is a critical component in industries ...

Why Coworking Spaces In Melbourne Are Transforming The Way Professionals Work

The modern workforce is evolving rapidly, with flexibility, collaboration, and efficiency becoming central to how people work, which is why a coworkin...

The Everyday Wear and Tear Most Warehouse Storage Systems Experience

The modern warehouse is a dynamic, high velocity environment where industrial storage structures are subjected to immense, continuous physical stres...

Why Pendant Lights Continue To Be A Popular Choice In Modern Interiors

Lighting has become an essential design element in modern homes, influencing both the appearance and functionality of interior spaces. Many homeowne...

How Whiteboard Supports Structured Communication In Work And Learning Environments

Clear communication and structured planning are essential in both professional and educational settings, which is why a whiteboard remains a practi...

How A Cardboard Box Manufacturer Supports Modern Packaging Needs

Packaging has become an essential part of modern business operations across retail, manufacturing, logistics, and e-commerce industries. Many busine...

How Pallet Racking Helps Businesses Improve Warehouse Operations

Efficient warehouse management depends on reliable storage systems that support organisation, safety, and productivity. Many businesses use pallet rac...

Why I/O Controller Is Essential For Efficient Industrial Automation Systems

Modern industrial systems rely heavily on automation and precise data exchange, which is why an I/O controller plays a critical role in ensuring sm...

Why Modern Traffic Management Systems Are Important For Safer Roads

Cities and industrial facilities increasingly rely on advanced Traffic Light System technology to improve road safety, traffic flow, and operationa...

How Structured eCommerce Web Design Influences Online Buying Behaviour

A strong online presence begins with effective eCommerce web design that prioritises both functionality and user experience. Businesses entering or...