MxMIndia

Category: NEWS

  • M R Srinivasan, General Secretary, Chennai Metro Cable Operators Association (CMCOA) speaks to MxM India about how digitization is progressing, or not progressing in Chennai

    Jaldi 5 with M R Srinivasan: Chennai could need 3-6 months for digitization switch-over

    01. The court has extended the sunset date. How is the situation in Chennai post the extension?

    In Chennai currently, there is a big confusion. One day we went to the court and got interim order stay and now the case has gone to the Bench, which will have the hearing on 19th. Secondly, despite our letters to MSOs and MIB from our end, none of them are importing the set-top boxes. SAB said that they will be able to import boxes in 21 days provided the LCOs deposit advance money. But some of our members have already deposited two lakh rupees as advance last month. They are yet to receive to boxes. We will be submitting the dealing to the Court on 19th.

     

    There is uncertainty also because Arasu cable has not been given license yet to provide STB, and once it is given the license it will conquer the market. So, the existing MSO and licensed players are not sure of importing the boxes yet. As they may get wiped out once Arasu gets license.

     

    Four out of eight players who have got license, only three have installed head-ends.

     

    02. What are your expectations from the Bench on 19th?

    Well, they should extend the deadline. And if the extension is given, I&B Ministry should take views from all stakeholders. And all the information should be furnished clearly for and by stakeholders in front of MIB. Verification should be done if the said number of STB have been installed and activated. It should be made known as to how many boxes have been imported and how many of it installed by every player, since the imported boxes are usually smuggled in Middle East or Sri Lanka.

     

    03. How much of Chennai has been digitised, according to you?

     

    Right now, as per active status given to broadcasters by SAB it is 1.25 lakhs. As per our calculation, the active status is 1.3-1.5 lakhs only. DTH players are claiming that they have sold seven lakh connections. Most of these boxes, almost about 300-400 per month, are smuggled out of Chennai. In Chennai, about three-four lakh of these claimed DTH connections are active. We require about four million boxes in Chennai metropolitan area, which also covers the outskirts of Chennai.

     

    04. Even if the extension is given, how much time would Chennai require to reach 100% digitisation?

    Chennai would need 3-6 months to switch completely to digital signals. It is well-known that analogue signals are still on in Delhi and Mumbai where 100% digitization has been claimed. In Delhi and Mumbai, boxes are available aplenty and still they have analogue signals. Here in Chennai, we do not have STBs. It is important that analogue signals are not switched off.

     

    05. How does analogue benefit the stakeholder?

    We have 4G spectrum, but TRAI has not wiped out 2G. With digital, 10-15 analogue channels should be available. Not everyone can afford a STB. One should also think of low-income households.

     

    As told to Ananya Saha

     

  • Kohinoor Speciality Foods has appointed Scarecrow Communications, Delhi as its creative agency for its brand and product communication

    Scarecrow Delhi wins Kohinoor Speciality Foods

    By A Correspondent

     

    Kohinoor Speciality Foods has appointed Scarecrow Communications, Delhi as its creative agency for its brand and product communication. The agency was selected after an exacting process and will provide 360 degree solutions to Kohinoor Speciality Foods.

     

    Kohinoor Specialty Foods India Private Ltd (KSF), is a 85: 15 JV between $3.3 billion McCormick, Inc., USA,a global leader in manufacturing, marketing & distribution of Spices, Seasonings, Specialty Foods & Flavors (NYSE: MKC), and Kohinoor Foods Ltd, India’s most trusted and preferred Basmati Rice company.

     

    On the development, Satish Rao, Managing Director of KSF said, “We feel confident with Scarecrow’s approach towards our brand, plus we found the team really passionate and people with high calibre. With good team comes good work and we are confident this team would take our brand to newer heights in future”

     

    Anindya Banerjee, Branch Head and ECD Delhi, added, “Food is in the DNA of every Indian. Selling to such a discerning audience is a challenge and an opportunity. We are thankful to Kohinoor Speciality Foods for trusting us with their brand.”

     

    Manish Bhatt

    Manish Bhatt, Founder Director, Scarecrow Communications, said, “This is a huge feather in Scarecrow’s cap. Kohinoor is already a well-established brand with a superb product portfolio. This gives us a great starting point for taking it to the next level.”

     

    Headquartered in Mumbai, Scarecrow handles brands across Kolkata, Bengaluru, Mumbai and Delhi. Some of the brands handled by the Delhi office include Nestle, DLF, MVL Mobiles, Pentair, Eristoff and Religare.

     

  • MICA graduate Amrita Randhawa returns to Mindshare China to lead the GroupM agency’s key Asian market

    Indian Amrita Randhawa to head Mindshare China

    By A Correspondent

     

    Mindshare veteran and regional Client Leader Amrita Randhawa has been appointed President, Mindshare China. Ms Randhawa will report jointly to Bessie Lee, GroupM China CEO, and Ashutosh Srivastava, Mindshare CEO of Global Emerging Markets and Chairman for Asia Pacific.

     

    Based out of Shanghai, Ms Randhawa will lead the agency’s China operations across Shanghai, Beijing and Guangzhou, working alongside the agency’s clients and leadership team to drive the agency forward in the market. Prior to taking on this new role, she had overseen regional and global client relationships including Nestlé, PepsiCo, Yum!, L’Oréal on both a Mindshare and WPP level.

     

    “Amrita is one of the brightest and most effective managers in our network. Her strategic thinking along with her tenacity and experience in the China market will give Mindshare and its clients an unparalleled advantage,” said Mr Lee.

     

    When asked about her plans for the agency, Ms Randhawa said, “I am delighted to return to the Mindshare China family. This is a market that continually excites, challenges and sets new norms for the media industry. We have a talented and passionate team powered by the Mindshare advantage of innovation and technology. I look forward to working with them to deliver powerful ideas, seamless execution and financial value to our clients’ business.”

     

    Said Mr Srivastava, “We’ve been lucky to have someone of Amrita’s caliber as a trusted advisor to key Mindshare clients across Asia Pacific, and she’s the right person to drive the agency forward in one of our most critical markets.”

     

    Ms Randhawa who has worked in India at Mudra, Mindshare and Starcom graduate from MICA in 2000 and earlier studied at Delhi University’s Kamala Nehru College and Air Force Bal Bharati School (Source: Linkedin profile).

     

    Additional to Ms Randhawa’s appointment, Mindshare also announces two other promotions.  Linda Lin, currently Vice President, Mindshare China, will be the agency’s new Chief Operating Officer, reporting to Ms Randhawa. She’ll continue to focus on streamlining the agency’s operations; managing key commercial functions and will continue to drive the agency’s work forward with critical international and domestic Chinese accounts.

     

    Karl Cluck, currently Chief Strategy Officer for China, will become the Chief Strategy Officer for Mindshare, North Asia. His remit will expand to include Japan, Korea, Taiwan and Hong Kong in addition to his current responsibilities in China. He will report to Deepika Nikhilender, Leader for Business Planning, Mindshare Asia Pacific, and will continue to be based in Shanghai.

     

    “With these appointments, I feel we have a best-in-class team to ensure Mindshare remains one of the most respected and valued strategic communications agencies in China – delivering the best thinking, solutions and value to our clients,” said Mr Srivastava. All appointments are effective January 1, 2013.

     

     

  • Games are serious business when it comes to Amit Chaudhary of Exelixi, as he talks about his 'neighbourhood toy store with international standards'

    Jaldi 5 with Amit Chaudhary: Toy Story, no Child’s Play

    On November 9, Simba India, a subsidiary of toy giant Simba Dickie Groupin association with Exelixi Management Company from India, launched a large format toy shop at the Oberoi Mall in suburban Mumbai. Amit Chaudhary, Founder Exelixi Management is bullish about the business in this interview with MxMIndia.

     

    01. It’s interesting that you have opened a toy store in Mumbai at a time when children are increasingly taking to electronic toys – Xboxes, PSPs and the like – or on the computer and tablets. Wouldn’t an investment in that direction have been wiser?

    I don’t see electronic games outside the purview of Toys & Games. It is one of the categories just like Outdoor Games, Wooden Toys, or Remote Control Cars. Children, and parents as well, are still looking for options in non-electronic games and we are happy to bring some really world-class toys in those categories to Indian customers. Yes, electronics is an emerging and an important category, and we are not ignoring it. You will see that reflected in the product mix in our stores as we grow.

     

    02. How much of a focus are you keeping on electronics, given that it is such a rage?

    We feel we have a good understanding of our customers, and the product mix in our stores is a result of studying the market for almost two years at the ground level. The share of electronic games will reflect that understanding.

     

    03. As the footprint of Simba stores is increasing in India, what does your marketing plan look like?

    We are a neighbourhood toy store with international standards. Our products, their quality, and the service levels in our store are the best marketing tools that we have to connect with our customers. We have a good mix of ATL and BTL campaigns lined up over the next 18 months for our stores. While share of ATL will increase as the store footprint expands, our spend on BTL will continue to remain significant. We want to be relevant to our customers and the best way to connect with them is to do so at the local level. All of our stores have a very aggressive activity calendar geared towards kids, and we intend to keep it that way even as we expand.

     

    04. Are you looking at tying up with schools or TV channels etc?

    Yes, we are keen to tie up with playschools, nurseries, crèches, children activity centers, and TV channels as well. A number of discussions are underway on that front. It will be premature to make any specific comments on this topic as of now.

     

    05. In a price-conscious country such as India, how do you compete against smaller stores stocking cheaper though sub-standard and even counterfeit products?

    It’s a myth that Indian customers always prefer cheaper stuff. Especially when it comes to their children. Indian parents want to provide their children the best that is available in the market, of course within their budget. It is another myth that the low quality toy products available today in the market are cheaper than branded products. Our pricing is very aggressive and there are enough instances where our high quality products are substantially cheaper than the counterfeit and sub-standard products available in the market. With us our customers can come and shop knowing that they get an International shopping experience, products at a very competitive price, and the confidence that they are buying some of the safest products in the world for their kids.

     

    06. How has the response been thus far… being a part of a mall of course ensures sure footfalls. Any more stores on the anvil in Mumbai?

    We are very happy with the response so far. Our visitor books are full of customers who have thanked us for opening the store! What more can we ask for? We will definitely open more stores in Mumbai. In fact, you can expect at least one more store in the area before the end of this year.

     

  • Monica Tata, GM – Entertainment Networks, South Asia,Turner International India has put in her papers

    Monica Tata quits Turner. No replacement for now

    By A Correspondent

     

    Monica Tata, GM – Entertainment Networks, South Asia at Turner International India, has put in her papers. A Turner official confirmed the development and informed that she will be with the company till the end of the year. Ms Tata’s next destination is not known, and it is learnt that her position may not be filled in for the moment.

     

    With over 23 years of experience, Ms Tata has had an excellent record of increasing sales, effective negotiations, P&L analysis and strategic implementation of business operations. She joined Turner in 2004 after a 12-year stint at Star India and earlier at the now-shut Sunday Mail. She is Honorary Secretary of the International Advertising Association, India Chapter and is part of the Indian Broadcasting Federation’s proposed Indian Television Festival core organizing committee.

     

    Ms Tata was recognised as ‘Next 30’ most powerful women to look out in 2010 and was also adjudged as one of India’s hottest young executives of the media industry in 2009 by Business Today magazine and adjudged amongst the Top 50 influential women in media, marketing and advertising by Impact magazine earlier this year.

     

  • New Delhi Television Limited has also launched NDTV 24×7, NDTV Good Times and NDTV India in Malaysia

    NDTV expands global reach; launches in Malaysia

    By A Correspondent

     

    Expanding its reach in the international markets, New Delhi Television Limited has also launched NDTV 24×7, NDTV Good Times and NDTV India in Malaysia. The channels are part of Asia Broadcast Network’s (ABN) new platform in Malaysia and available in a combination of basic as well as especially dedicated NDTV branded packages.

     

    NDTV channels have long been available in more than 18million homes in 75 countries internationally and this agreement marks the first time that three of NDTV channels will be available in Malaysia. Each channel is the category leader in Asia’s largest pay TV market – India and this partnership with ABN will now see them become accessible in South East Asia’s largest pay TV market – Malaysia. Under its slogan ‘Access for All’, ABN aims to offer over 200 channels of news, education, entertainment, movies, sports and local programming, and has signaled plans to offer full triple play services such as video-on-demand, social TV and interactive gaming, alongside high-speed Internet and voice services over a hybrid fibre-coaxial (HFC) network.

     

    The Head of NDTV Network Distribution & Affiliate Sales, Rahul Sood, said, “We are delighted to be part of the ABN platform and reaching new viewers in Malaysia. NDTV has been serving the Indian Diaspora across 75 other countries worldwide and we are glad that the 2million plus Indian community in Malaysia will now also get the chance to see some of the most iconic programs produced out of India. We hope the viewers of Malaysia will be pleased to be informed and entertained like our viewers in the rest of the world.”

     

  • Star Network's Bengali General Entertainment channel Star Jalsha, will be launching in the UK on Sky channel 808 on November 22nd

    Star Jalsha to launch in UK

    By A Correspondent

     

    Star Network’s Bengali General Entertainment channel Star Jalsha, will be launching in the UK on Sky channel 808 on November 22nd.

     

    ‘Jalsha’ is synonymous to entertainment and celebration in Bengali and it is indeed a matter of great celebration for the Star Network to launch Star Jalsha in the UK- making it the first South Asian regional channel to be retailed in the Sky Entertainment Pack, said KevinVaz, President and General Manager, Star Jalsha, speaking from his Mumbai office.

     

    Launched in Sept 2008 and rebranded in June 2012, Star Jalsha dominates the Bengali television ratings in India as the No.1 Bengali General Entertainment channel. With the launch of Star Jalsha in the UK – the Star Network expands its regional offering to the UK’s Bengali community from both India and Bangladesh.

     

    Yeshpal Sharma, Sr. Vice President UK & Europe said, “I share Kevin’s enthusiasm and am pleased to be part of history making Star Jalsha the first regional South Asian channel to be available on the Sky Entertainment Pack. We are very excited to bring Star Jalsha to our UK viewers and as always, our commitment to quality broadcasting will be our utmost priority.”

     

  • Bindass is all set to introduce its brand new daily show – Video Wars powered by Airtel

    Video wars from Bindass

    By A Correspondent

     

    Bindass is all set to introduce its brand new daily show – Video Wars powered by Airtel. For the first time on television Bindass is introducing an entirely new format that provides the contestants a big ticket to fame! With Video Wars, each of the contestants will be able to maintain a video dairy of their best candid moments… So it’s time to blog more and rest less with Video Wars, tapping the young and restless the show offers a sneak peek into the lives of five Young, Restless and bindass individuals!

     

    Expressing their thoughts on television, these funny, crazy youngsters will video blog their way into your television screens. The show will center around the lives of these individuals with a day-to-day video blog shot by themselves of the ‘happenings’ in their lives! These 5 contestants that will compete with each other to entertain you, and only if they succeed in holding your attention will they get to stay on show. The cards are in your hands as viewers! Jo tikega, wo jeetega!

     

    Every week, the least popular contestant will be voted off. The voting will happen across social media platforms like Facebook, YouTube and Twitter. Viewers will get an opportunity to eliminate these individuals if their entertainment quotient lowers. The popularity of the contestant on the social media space and through the missed calls mechanism will determine the fate of each contestant on a weekly basis. The more number of ‘likes’, chances are that the contestant gets to stay longer. Whoever manages to stay the longest will win the ultimate battle of fame!

     

    Commenting on the new show, Nikhil Gandhi, Executive Director, Youth Channels, Media Networks Disney UTV, said “We are bringing User Generated Content to life on television for the first time in India. The show empowers the youth to showcase their talent and an opportunity to become famous as the most popular Video Star. This is a daily show format which will be extended online for viewers to interact with their favourite characters as they battle through their daily lives. This is the first daily reality show in the youth space.”

     

  • Mumbai-based brand management and licensing enterprise Dream Theatre is launching a merchandise range based on the action adventure series Power Rangers Samurai in India

    Dream Theatre launches Power Rangers Samurai merchandise

    By A Correspondent

     

    Mumbai-based brand management and licensing enterprise Dream Theatre is launching a merchandise range based on the action adventure series Power Rangers Samurai in India. The long-time running hit show owned by Saban Brands is telecast on both Nickelodeon and Sonic.

     

    The new Power Rangers Samurai collection, targeted at audiences between ages 4 and 14 years, ranges from Toys, Apparel, Footwear and Publishing to Sporting goods like Skateboards and Cycles.

     

    Commenting on the launch, Jiggy George, Founder and CEO, Dream Theatre, said, “The Power Rangers franchise is the first boy action brand that has stayed alive and resonant for nearly two decades. Dream Theatre is excited to deliver excitement to the fans in India with a slew of authentic Power Rangers Samurai merchandise.”

     

  • Founded in 1999, the creative agency Strawberry Frog has finally launched its operations in India. Raj Kamble has been roped to head India functions

    StrawberryFrog launches In India

    By Ananya Saha

     

    Here is a creative agency that claims to be the world’s first Cultural Movement Agency. StrawberryFrog has roped in Raj Kamble as Managing Partner and Chief Creative Officer who will be leading India operations along with Scott Goodson, founding partner. The agency already is handling Mahindra Rise inIndia.

     

    Says Mr Kamble, “We are not launching in India because we have a client here but because I believe that the cultural movement that we propagate is more relevant to India than any other country. And we genuinely believe in the idea.” While the agency has signed a few (“two-three”) clients, it is not ready to reveal the names just as yet. Mr Kamble said that the names of the team members will also be announced after a little while. The team is also looking to expand further.

     

    Strawberry Frog will be based out of Mumbai. The erstwhile Managing Partner of BBH India, Mr Kamble added, “Our idea is very relevant to the Indian culture. I have lived in New York, London and India. I have worked with BBH, Lintas, Enterprise. So somewhere, I can realise the cultural movement is more relevant to our country than any other country. We are all about building new idea, and create a culture that is relevant.  And that is future – to lead something that people can associate with. If I wear a jeans, I am not going to buy until I want to associate with it. We wish to create unique idea for our clients. We try to solve conventional problem, the most unconventional way. We believe in new media and innovation.”

     

    Recently, the Nanhi Kali campaign from Strawberry Frog (NYC) created much noise (http://www.mxmindia.com/2012/06/nanhi-kali-the-story-of-the-triumph-of-communication/). Other clients that the agency has worked on include Jim Beam, Heineken Global, Emirates, LG, Red Stag amongst many more.

     

    In his career spanning over 16 years, Mr Kamble has worked in the US for over a decade with agencies such as BBDO and Lowe. He joined BBH India as fourth managing partner in 2011, which he quit after few months.

     

  • In response to increasing incidences of ordinary people's freedom being curtailed, Mumbai-based daily Mid-Day has announced its People's Freedom Charter, to combat draconian and ambiguous laws. Mid-Day Editor Sachin Kalbag explains why this was necessary

    Jaldi 5 with Sachin Kalbag: Upholding civil liberties…

    The arrest and eventual release of a young lady living in Palghar in suburban Mumbai thanks to a Facebook post as also her friend who ‘liked’ it sent shockwaves across India’s urban set who happily post their comments on social networks and microblogs. Leading English daily Mid-Day has announced a People’s Freedom Charter in defending the citizen’s right to free speech. MxMIndia interviewed Mid-Day executive editor Sachin Kalbag and asked him on what the paper hopes to achieve with the Charter.

     

    01. How do propose to ensure your Charter reaches its logical conclusion… as in ensure that students are not found to be on the wrong side of the law for exercising their rights, as stated by you?

    There will be no “conclusion” to this process. This is the first step in a long journey to defend freedom of speech. MiD DAY will, stridently and on a sustained basis, defend the freedom of speech of India’s citizens. It will mean that we give stories pertaining to this issue wide play. Of course, due to constraints of space in the print medium, we cannot be talking only of freedom of speech-related stories, or even all stories pertaining to the topic. But yes, it will be a large focus area.

     

    2. One of the biggest problems is the interpretation of how any speech or action will affect law and order and the social fabric. Don’t you think that what’s needed is public opinion against age-old laws and getting them changed eventually through the Executive or the Judiciary?

    In a true democracy, freedom of speech must be absolute. It is something we do not have right now because Article 19(2) of the Constitution puts “Reasonable Restrictions” on freedom of speech. Those restrictions are the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence. If you read between the lines, practically anything can constitute as an offence (I calling someone ugly, or, for that matter, saying Sachin Tendulkar is an ordinary batsman). This is where the arbitrariness of “reasonable restrictions” needs to be highlighted. Another example of arbitrary interpretation and application of law is Section 66(A) of the Information Technology (Amendment) Act, 2008. Once again, anything can constitute as “offensive” and I could lodge a complaint with the police against you because I found your email or your Facebook post offensive. This is what we need to be guarding against. As right-minded citizens, we must oppose this arbitrariness. We should stand up against laws that can be used to settle scores or wrongfully applied.

     

    Through our Freedom Charter, we want to build public opinion in this regard. Ultimately, it is Parliament (the lawmaking body) which will have to debate and pass laws that do leave nothing to arbitrary interpretation. It is a tough challenge, but someone needs to be a catalyst.

     

    03. It’s been seen that not just the government, but also otherwise well-meaning, educated and well-read individuals do not take very kindly to criticism, especially when it’s on social media (and Twitter)?

    Not taking kindly to criticism is a universal trait. Who wakes up in the morning and says, “Come on, world, criticize me.”? The point is not about criticism, but my freedom as a citizen to speak my mind without any fear. If the person on the receiving side feels that the critic has no basis for what he or she said, the “affected party” can sue the critic for defamation so that the critic can prove whether his allegations are accurate or not. There are these laws that give the affected party a platform for redressal. But we cannot sit on a high horse and say, “No one can criticize me,” or “No one will oppose me because I am the government and I know what is best for the country.”

     

    04. Your report mentions that the Charter will be the guiding principle in your paper’s reportage. Could you give an example of how this will happen?

    We will ensure in reportage that civil liberties are upheld at all costs. You will see this in all our stories.

     

    05. This also means that in case of a situation where you or your paper are subjected to criticism, you’ll take it in the right spirit?

    Of course, we will take in the right spirit. We are an irreverent, anti-establishment, ideologically neutral newspaper. No matter what we do, our stories offend someone or the other. We believe that as a responsible newspaper, we will investigate our stories thoroughly, and that we will not carry stories without proper documentation to prove we are right. If in that process someone is offended, so be it. We are ready to defend our stand. And if we are wrong, we shall apologize and take steps to ensure that we do not repeat our mistakes. But at no point in time shall we say that, “We will not carry the story because it will offend someone.”

     

    Interviewed by Ananya Saha

     

  • 'Like' it or not,everyone is talking about how a mere status update got a 21-year-old arrested. Can social media flourish, if every move is monitored?

    Are we really Free to post online?

    Cartoonist Hemant Morparia’s take on the controversy. First appeared in Mumbai Mirror. Republished with the permission of the cartoonist

     

    By Ananya Saha

     

    “Everyday thousands of people die. But the world still moves on. Just due to one politician dead. A natural death. Everyone just goes crazy. They should know. We are resilient by force, not by choice. When was the last time did any one show some respect or even 2 mins silence for Shahid Bhagat Singh, Azad, Sukhdev, or any of the people because of whom we r free living Indians. Respect is earned, not given. N definitely not forced. Today, Mumbai shuts down. (sic)”

     

    These are the words, posted as her Facebook status, that got a 21-year-old girl arrested. Not only that, her uncle’s hospital was ransacked in protest. If you cannot say ‘what’s on your mind’ on Facebook, and share with your friends, what good is social media? Well, you could have ‘Liked’ the status, and landed up in jail too. That is what happened to her friend. Both have now completely logged off Facebook. And everybody is left asking, what is wrong with the system?

     

    Maheshwar Peri

    Maheshwar Peri, Chairman, Pathfinder Publishing opined, “It is ridiculous whoever accepted the complaint based on a Facebook status. Social media is all about interaction with my friends and whoever subscribes to or believes in my opinion.” According to him, if the private discourse on internet or otherwise has been intruded upon leads to a police complaint and the police acts on it, it is ridiculous.

     

    The girls were charged with 505 (2) of the IPC and 66 A of the IT Act, arrested and later granted bail. The last few months have seen some interesting places in this regard, whether it is Aseem Trivedi, Karthi Chidambaram or the present case, which only point to the inefficacy of Indian cyberlaw.

     

    Pavan Duggal

    Pavan Duggal, Advocate, Supreme Court of India and President, Cyberlaw Asia, explained, “The entire case has demonstrated the complete inadequacy of the Indian Cyberlaw. The language and scope of provisions used under Section 66A are very wide and are capable of distinctive varied interpretations. Seen from another angle, Section 66A can be effectively used as a tool for gagging legitimate free online speech. The problem under Section 66A is that it comes up with extremely wide parameters which have not been given any specific definition under the law. These parameters are capable of being interpreted in any manner possible, by the law-enforcement agencies. As such, while Section 66A talks about sending any information that is grossly offensive or having menacing character, the law does not give any guidance as to what is grossly offensive or information having menacing character. Thus, it is left to the subjective description of the law-enforcement agencies in this regard. Further Section 66A(b) talks about sending any information by means of a computer resource or a communication device which a person knows to be false, but has been sent for the purposes of causing annoyance, inconvenience, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill-will, persistently by making use of such computer resource or a communication device. All these wide meaning terms used under Section 66A have not been defined, which itself provides huge amount of flexibility in Section 66A to be used in any circumstances perceivable. Thus, huge portions of legitimate free online speech could also be brought within the ambit of Section 66A of the amended Information Technology Act, 2000.”

     

    The present case has once again brought to the forefront as to what is the concept of liking on Facebook and its legal ramifications. Mr Duggal further pointed out that when a person clicks on “Like” button on Facebook, it does not constitute an offence under Section 66A. “Technically speaking, a person is only clicking the button of “Like” but is not per se either sending any information that is grossly offensive or has menacing character. Neither is the said person sending any information which he knows to be false but which has been sent for the purposes of causing annoyance, inconvenience, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill-will. In the present case, Section 66A has been erroneously invoked,” he pointed out.

     

    While Pranesh Prakash, Policy Director at Centre for Internet and Society, maintained that just because something is published ‘online’, it does not mean that it is exempt from law, he added, “The online laws in India are even worse than the laws applied offline and some of those laws that are applied online, are unconstitutional.” The fact that people were posting their views about Mumbai Bandh on various other media, it remarkably shows the unconstitutional application of the applied laws.

     

    “Indian cyberlaw is only aimed to be an enabling legislation for promoting growth of e-commerce, m-commercial and online free speech. Indian cyberlaw should not act as an impediment to the evolution and growth of online free speech, nor should it be seen as a handle to suppress free online speech. Section 66A needs to be serious quickly reviewed and amended so as to ensure that it does not become a tool for silencing genuine legitimate online free speech, under the garb of the parameters detailed therein,” said Mr Duggal.

     

    But that is exactly what it is doing, according to Mr Peri. He said, “If you look at the entire ecosystem we are living in, you have a govt which enjoys control, you have a law which can be misinterpreted, you have law enforcement agencies which are not as free as they are supposed to be and you have a mainstream media which is fearful of the big and mighty. Three of the four pillars of democracy are fearful of repercussion. How can you and I enjoy personal freedom then?”

     

    However, as Mr Duggal explained, certain restrictions have been put online free speech. “For example, the online free speech does not give the license to defame. Similarly, the entire issue pertaining to the Facebook status needs to be examined more carefully. There are various nuances under the Information Technology Act, 2000 which could be applicable,” he said. The present controversial action arose because Section 66A provides parameters for its inherent misuse. There are tremendous loopholes under the existing law. There is a need for ensuring that the Information Technology Act, 2000 needs to be amended in such a manner so as to ensure that the provision like Section 66A of the amended Information Technology Act 2000 are not used to the detriment of online free speech.

     

    Mr Duggal asserted, “In this particular case, it is well possible for the Government to have adopted the route available under the Information Technology Rules, 2011. In this case, Facebook is an intermediary under Section 2(1)(w) of the amended Information Technology Act, 2000 and could be mandated by virtue of direction by the Government under the Information Technology (Intermediary Guidelines) Rules, 2011 to remove such content. Such an action could have been done best in a manner that would have ensured minimal disturbance and yet would have ensured that the relevant language is removed.” However, what we are now seeing on the Internet is that more and more people reproducing the same lines and content that the girls posted.

     

    Section 66A also brings up the huge conflict that it has with the Article 19 of the Constitution of India. Article 19 (1)(a) of the Constitution of India guarantees to all citizens the fundamental rights to freedom of speech and expression. The restrictions given under Article 19(2) are the guiding lights for regulating free speech including online free speech. However, the parameters and restrictions granted under Section 66A are far more broad and wider than Article 19(2) of the Constitution of India. “Seen from another angle, Section 66A appears to be perfect tool to promote and propagate the concept of Internet censorship and censorship of free speech inIndia,” said Mr Duggal.

     

    The complexity of India may make it easy for such assaults on freedom of expression. But the democracy of India is where the solution lies. Is India’s social fabric strong enough?