Anupam Chander on the Challenge of Regulating Free Speech Online

Interpreting India

One of the guiding norms that has shaped the internet over the last few decades is that of online free speech. This norm is protected in many countries by exempting online platforms and intermediaries from liability for the user-generated content published on these platforms. For example, in India, Section 79 of the IT Act of 2000 protects intermediaries from such liability. However, over the last few years, these exemptions have been under scrutiny. Many have called for greater regulation of the practices of platforms such as Facebook, WhatsApp, Twitter, and Reddit. Some reasons for this are the problems related to disinformation, instances of incitement to violence through these platforms, and the censorship of free speech in some cases. To address such concerns, some legislation has been floated or enacted in jurisdictions such as the United States, India, and the European Union.

How will these laws alter the digital economy and the norm of protecting free speech online? What are the risks associated with implementing such legislation? What should policymakers keep in mind as these developments pan out?

In this episode of Interpreting India, Anupam Chander joins Anirudh Burman to discuss these pressing questions.

Episode Contributors
Anupam Chander is the Scott K. Ginsburg Professor of Law and Technology at Georgetown University Law Center. He is the author of The Electronic Silk Road and an expert on the global regulation of new technologies. He practiced law in New York and Hong Kong with Cleary Gottlieb Steen & Hamilton. He has been a visiting law professor at Yale, the University of Chicago, Stanford, Cornell, and Tsinghua. He previously served as the director of the California International Law Center and the Martin Luther King, Jr. Professor of Law at UC Davis.

Anirudh Burman is an associate research director and fellow at Carnegie India. He works on key issues relating to public institutions, public administration, the administrative and regulatory state, and state capacity. He has also worked extensively on financial regulation and regulatory governance.

Readings:

Facebookistan by Anupam Chander

Free Speech by Anupam Chander and Uyên P. Lê

Googling Freedom by Anupam Chander

The Electronic Silk Road by Anupam Chander

Gonzalez v. Google LLC, 598 U.S. ___ (2023)

The Digital Services Act

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