Picture represents Internet Highway or New Gateway to India's Progress.
Influencing media how it can change lives – Some suggested Guidelines for Uploading Videos on YouTube.
YouTube is an American video hosting and sharing website with servers in the US under the purview of US laws and therefore the data that are to be uploaded particularly from India cannot be controlled as such as any Video can be uploaded from anywhere in the World.
There are thousands of other web sites which host sensitive, offensive and inappropriate media on which it is not possible to exercise any kind of control, other than simply blocking them as done in many countries like China, Pakistan etc.,
However, our motherland India being on the path of continual development and being a progressive country cannot blindly follow the footsteps of others and our ways thus needs to be different in line with our democratic ethos.
As a media influencer, YouTube attracts attention of ordinary web surfer because of the quality of its service and therefore very popular among the masses. Hence it may be worth handling YouTube uploading as an isolated case, but the problems and issues with other not so popular web sites shall still persist.
Secondly, Celebrities and popular personalities who are considered as idols in public mind should also be brought under the purview of some kind of regulation to be devised as they are the ones having greater influence on the society and therefore they should also be made accountable.
Celebrities may be part of any organisation also they represent at any point of time.
There is a need to device regulatory mechanism for key influencers in the society in this area like leading web sites and leading personalities. In this manner then the majority of the problems shall be addressed and minority issues can thus be ignored.
This may be rational and justified as it is more important as to "who is saying rather than what is being said."
Now, YouTube has its own terms of service and it gives warning to viewers before a sensitive video is loaded on to the personal gadget before viewing. Only registered viewers in Google plus can upload and view sensitive data. Registration process is not so strict and anonymity can still be maintained by users.
In the light of the above circumstances the following guidelines to control YouTube video uploading may be exercised as under:-
1. YouTube may be requested to clearly demarcate Non-sensitive data and Sensitive data, which they are currently doing but may be asked to use stricter tool like Facebook does.
2. For public viewing of non-sensitive data there should be no bar and all normal and creative video can be uploaded and viewed without any restriction so as not to infringe the right to life and personal liberty of citizens as per Art 21 of the Constitution of India.
3. The registration process of individual users from India for sensitive data uploading and viewing may be made stricter and user should be verified by duly linking with mobile number and e-mail ID. YouTube authorities can be requested by Indian authorities to develop a country specific software program so that in case of discrepancies the particular person can be tracked.
4. The registered users who wish to upload sensitive video can be asked to login to an Indian authority web site, only through which an Indian user can access YouTube. For avoidance of doubt the access to YouTube may be regulated via Indian Government web site for sensitive content only.
5. There should be two ways and viewing options, first one for private viewing for which there would be no bar, users here can give access to particular registered private persons for viewing, and second option for public viewing or publicity option, here a stricter control may be exercised as enumerated in following para(s).
6. The organisation or companies and / or celebrities who wish to upload for public view any sensitive data should submit content to the Governmental agency for approval through a moderator organisation appointed by the appropriate Government.
7. Now How to define celebrity: Going by the modern trend in the Information technology domain, Celebrity will be defined by a verified Twitter account having followers more than 100K or verified Facebook page likes more than 200K, going by the future trend, this number can be moderated as per the need.
8. The entertainment companies or organisations should also have a verified Twitter and Facebook account so that they are identifiable and with same number of followers and likes respectively as above.
9. On approval of the Government of the content after Judging for its sensitivity Index like nudity, obscenity, offensive to social groups, offensive and detrimental to unity & integrity of India, Seditious content, infringement of Intellectual Property rights etc., clearance will be granted for uploading sensitive media content to YouTube via Indian Government web site.
10. For uploading from foreign soil the above process will not work. So any media not uploaded from Indian soil also needs to be restricted.
11. YouTube will not allow uploading of sensitive data by Indian Citizen or organisation from foreign soil.
12. To reiterate further Non-sensitive data as certified by YouTube shall be given free access to the Indian public with no hindrances irrespective of uploading location.
13. Thus restrictions imposed only in case of uploading of sensitive data, access is subject to registration and login to Indian Government web site and online verification of users, where identity of the user can be established by appropriate means. Only verified users are allowed to upload sensitive data. . For all other categories of data the system remains unchanged and freedom of expression is unfettered only reasonable restriction imposed, so this serves constitutionality.
14. In all YouTube uploaded videos there should be one option of “Report Content” – if viewers find content objectionable for specific reasons which the viewers need to indicate reasons from drop down menu like, Obscene, Adult sexual, Hurting community feelings, Seditious content, Violating IPR etc., only registered users with verified account can report about discrepancies in the content. If the number of reports exceeds a threshold limit, those will be reviewed by community committee for violation from YouTube and Indian Government as the case may be. Moment reported numbers exceeds the limit, the video will be withdrawn from YouTube. The video shall be reinstated only after clearance from community review committee and given clearance for public viewing after due alteration and modification.
15. All the above process requires involvement of an Indian Governmental organisation; this aspect may be looked into as to how feasible is the same.
Sensitization of any issue or event or any creative content having certain sensitivity index more than threshold limit requires regulation by the Government. This is true in the emerging ever increasing Internet footprint scenario and the likelihood of its generating greater and greater influence in the society in the days to come. Civil commotion or war or war like situation may also arise, if this aspect is neglected to a minor degree.
Although lot of legislation has been recently enacted in the form of laws like IT Act etc, believe like in all other spheres such as broadcasting, telecom, etc., there is an urgent need for an exclusive Internet regulating authority now to ensure prosperity with sustainable peace and tranquility in our progressive society.
#JainHind
This is written in light of the PIL filed by Professor of Law in a Mumbai college after being directed by Mumbai HC to draw up an guideline.
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