The Four Parts of Privacy in India

[Summary] Because privacy enjoys an abundance of meanings, it is claimed in diverse situations every day by everyone against other people, society, and the state. Traditionally traced to classical liberalism’s public/private divide, there are now several theoretical conceptions of privacy that collaborate and sometimes contend. Indian privacy law is evolving in response to four types of privacy claims: against the press, against state surveillance, for decisional autonomy, and in relation to personal information. The Indian Supreme Court has selectively borrowed competing foreign privacy norms, primarily American, to create an unconvincing pastiche of privacy law in India. These developments are undermined by a lack of theoretical clarity and the continuing tension between individual freedoms and communitarian values.

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Free Speech Policy in India: Community, Custom, Censorship, and the Future of Internet Regulation

[Summary] Following the historic striking down of section 66A of the IT Act, there are reports the government is looking to introduce new provisions to censor the Internet. Free speech observers are not giving enough attention to the many clues from India’s past governmental policy of free speech that suggests a trend of censorship founded upon concerns of governance, nation-building, community honour, and public order. This free speech policy has interacted with colonial-era notions of indigenous custom to create a narrative that pits individual rights against community interests, modern law against local sensibilities, courts against government. The Rangeela Rasool affair (1927), the First Press Commission (1954), and the Second Press Commission (1982) are seminal moments in the evolution of this policy that indicate the contours of future government action. Past experience shows that strong governments invariably impede free speech. Looking ahead, section 66A’s replacement, which may not be a new provision but could be something more covert, will almost certainly act on this narrative and continue the government’s free speech policy.