We’re looking forward to our discussion on Intermediary Liability: The Way Forward, where we’re discussing the following. We have over 100 confirmations, and applications are closing soon, so if you want to attend, please apply here. We’re looking to address the following issues during the discussion:

  1. Intermediary Liability and Content Takedowns
    • What has changed since the Shreya Singhal judgment, and how does the judgment impact automated takedowns?
    • Should we be looking at classification of intermediaries, or classification of content for regulation? Can there be different rules for different types of content, or different types of intermediaries? How would this work?
    • What is the duty of care, and reasonable standards for intermediaries to follow? What are the global norms in existence?
    • What kind of industry collaboration can exist for addressing problematic content such as in case of terrorism and child porn?
    • Issues related to Section 230 of the Communications Decency Act in the US
  2. Intermediary Liability and traceability
    • Is anonymous speech protected under Article 19?
    • How will traceability be implemented? Does it pass the Puttaswamy test?
    • How will platforms other than messaging services be impacted by the traceability requirement?
    • How does implementing traceability impact platform architectures globally?
    • Is data localisation a necessary condition for traceability? How will intermediaries be affected?
    • What will be the process of requesting for originator information? What kind of legal entities will be authorised to ask for originator information?
    • What transparency norms should exist for the government and companies to ensure that freedoms are protected?

We’re open to more questions, but the key for us to move forward from discussions that have already taken place. Please feel free to send your questions to us, to Trisha Jalan, at trisha@medianama.com.

Details of the venue and discussion are mentioned below, including a reading list, in case you need context.

Date: October 23rd, 2019
Time: 02:00 PM – 04:15 PM (Lunch will be available at 1:00 PM)
Venue: Juniper hall, India Habitat Centre

Schedule

  • 01:00 PM – 02:00 PM: Check-in & Lunch
  • 02:00 PM – 04:15 PM: Discussion on Intermediary Liability: The Way Forward
  • 04:15 PM onwards: High-Tea

Reading/Viewing List

  • Draft changes to Intermediary Rules [read]
  • US House hearing on Communications Decency Act, Sec 230 [watch]
  • What if Section 230 of the Communications Decency Act was removed [read]
  • The Manila Principles and Intermediary Liability protections in India [read]
  • Submissions to MEITY: Comments [read], Counter Comments [read], MediaNama summaries of submissions [read]
  • A serious and imminent threat to the open Internet in India [read]
  • Intermediary Liability Amendment: Civil society Counter Comments on ‘Unlawful Content’ [read]
  • Our reportage of the WhatsApp traceability case [read]

Notes from our #NAMApolicy discussions on the Future of Safe Harbour:

  • No clarity on what constitutes offenses for intermediaries – Alok Prasanna Kumar [read]
  • Should different sizes or categories of intermediaries be regulated differently? [read]
  • The Intent of Traceability is behavioral change [read]
  • The Dunzo debate; Proactive takedowns; Gradation of harms [read]

MediaNama is hosting this discussion in partnership with the Centre for Communication Governance (NLU-Delhi), and with support from Google, Facebook and Friedrich Naumann Foundation.

Registrations will be wait-listed soon, but you can still apply to attend. In case you fit our mandate for the intended audience, we’ll send you a confirmation by October 21st, 2019. Your contact information will never be shared with anyone outside of MediaNama.

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