Nikhil Pahwa is an Indian journalist, digital rights activist, and founder of MediaNama, a mobile and digital news portal. He has been a key commentator on stories and debates around Indian digital media companies, censorship and Internet and mobile regulation in India.
On the even of India’s general election 2019, Nalaka Gunawardene spoke to him in an email interview to find out how disinformation spread on social media and chat app platforms figures in election campaigning. Excerpts of this interview were quoted in Nalaka’s #OnlineOffline column in the Sunday Morning newspaper of Sri Lanka on 7 April 2019.
Nalaka: What social media and chat app platforms are most widely used for spreading mis and disinformation in the current election campaign in India?
Nikhil: In India, it’s as if we’ve been in campaigning mode ever since the 2014 elections got over: the political party in power, the BJP, which leveraged social media extensively in 2014 to get elected has continued to build its base on various platforms and has been campaigning either directly or, allegedly, through affiliates, ever since. They’re using online advertising, chat apps, videos, live streaming, and Twitter and Facebook to campaign. Much of the campaigning happens on WhatsApp in India, and messages move from person to person and group to group. Last elections we saw a fair about of humour: jokes were used as a campaigning tool, but there was a fair amount of misinformation then, as there has been ever since.
Are platforms sufficiently aware of these many misuses — and are they doing enough (besides issuing lofty statements) to tackle the problem?
Platforms are aware of the misuse: a WhatsApp video was used to incite a riot as far back as 2013. India has the highest number of internet shutdowns in the world: 134 last year, as per sflc.in. much of this is attributable to internet shutdowns, and the inability of local administration to deal with the spread of misinformation.
Platforms are trying to do what they can. WhatsApp has, so far, reduced the ability to forward messages to more than 5 people at a time. Earlier it was 256 people. Now people are able to control whether they can be added to a group without consent or not. Forwarded messages are marked as forwarded, so people know that the sender hasn’t created the message. Facebook has taken down groups for inauthentic behavior, robbing some parties of a reach of over 240,000 fans, for some pages. Google and Facebook are monitoring election advertising and reporting expenditure to the Election Commission. They are also supporting training of journalists in fact checking, and funding fact checking and research on fake news. These are all steps in the right direction, but given the scale of the usage of these platforms and how organised parties are, they can only mitigate some of the impact.
Does the Elections Commission have powers and capacity to effectively address this problem?
Incorrect speech isn’t illegal. The Election Commission has a series of measures announced, including a code of conduct from platforms, approvals for political advertising, take down of inauthentic content. I’m not sure of what else they can do, because they also have to prevent misinformation without censoring legitimate campaigning and legitimate political speech.
What more can and must be done to minimise the misleading of voters through online content?
I wish I knew! There’s no silver bullet here, and it will always be an arms race versus misinformation. There is great political incentive for political parties to create misinformation, and very little from platforms to control it.
Keynote speech delivered by science writer and digital media analyst Nalaka Gunawardene at the Sri Lanka National IT Conference held in Colombo from 2 to 4 October 2018.
Here is a summary of what I covered (PPT embedded below):
With around a third of Sri Lanka’s 21 million people using at least one type of social media, the phenomenon is no longer limited to cities or English speakers. But as social media users increase and diversify, so do various excesses and abuses on these platforms: hate speech, fake news, identity theft, cyber bullying/harassment, and privacy violations among them.
Public discourse in Sri Lanka has been focused heavily on social media abuses by a relatively small number of users. In a balanced stock taking of the overall phenomenon, the multitude of substantial benefits should also be counted. Social media has allowed ordinary Lankans to share information, collaborate around common goals, pursue entrepreneurship and mobilise communities in times of elections or disasters. In a country where the mainstream media has been captured by political and business interests, social media remains the ‘last frontier’ for citizens to discuss issues of public interest. The economic, educational, cultural benefits of social media for the Lankan society have not been scientifically quantified as yet but they are significant – and keep growing by the year.
Whether or not Sri Lanka needs to regulate social media, and if so in what manner, requires the widest possible public debate involving all stakeholders. The executive branch of government and the defence establishment should NOT be deciding unilaterally on this – as was done in March 2018, when Facebook and Instagram were blocked for 8 days and WhatsApp and Viber were restricted (to text only) owing to concerns that a few individuals had used these services to instigate violence against Muslims in the Eastern and Central Provinces.
In this talk, I caution that social media regulation in the name of curbing excesses could easily be extended to crack down on political criticism and minority views that do not conform to majority orthodoxy. An increasingly insular and unpopular government – now in its last 18 months of its 5-year term – probably fears citizen expressions on social media.
Yet the current Lankan government’s democratic claims and credentials will be tested in how they respond to social media challenges: will that be done in ways that are entirely consistent with the country’s obligations under international human rights laws that have safeguards for the right to Freedom of Expression (FOE)? This is the crucial question.
Already, calls for social media regulation (in unspecified ways) are being made by certain religious groups as well as the military. At a recent closed-door symposium convened by the Lankan defence ministry’s think tank, the military was reported to have said “Misinformation directed at the military is a national security concern” and urged: “Regulation is needed on misinformation in the public domain.”
How will the usually opaque and unpredictable public policy making process in Sri Lanka respond to such partisan and strident advocacy? Might the democratic, societal and economic benefits of social media be sacrificed for political expediency and claims of national security?
To keep overbearing state regulation at bay, social media users and global platforms can step up arrangements for self-regulation, i.e. where the community of users and the platform administrators work together to monitor, determine and remove content that violates pre-agreed norms or standards. However, the presentation acknowledges that this approach is fraught with practical difficulties given the hundreds of languages involved and the tens of millions of new content items being published every day.
What is to be done to balance the competing interests within a democratic framework?
I quote the views of David Kaye, the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression from his June 2018 report to the UN Human Rights Council about online content regulation. He cautioned against the criminalising of online criticism of governments, religion or other public institutions. He also expressed concerns about some recent national laws making global social media companies responsible, at the risk of steep financial penalties, to assess what is illegal online, without the kind of public accountability that such decisions require (e.g. judicial oversight).
Kaye recommends that States ensure an enabling environment for online freedom of expression and that companies apply human rights standards at all stages of their operations. Human rights law gives companies the tools to articulate their positions in ways that respect democratic norms and
counter authoritarian demands. At a minimum, he says, global SM companies and States should pursue radically improved transparency, from rule-making to enforcement of the rules, to ensure user autonomy as individuals increasingly exercise fundamental rights online.
We can shape the new cyber frontier to be safer and more inclusive. But a safer web experience would lose its meaning if the heavy hand of government tries to make it a sanitized, lame or sycophantic environment. Sri Lanka has suffered for decades from having a nanny state, and in the twenty first century it does not need to evolve into a cyber nanny state.
In this Ravaya column (published on 29 July 2018), I further explore the contours of fake news in Sri Lanka. I point out, with examples, that certain politicians (including national leaders) and senior journalists are actively engaged in creating and/or disseminating myths, misconceptions and fallacies that give rise to fake news.
I debunk, with official (police) data, that contrary to popular perception and reckless media claims, there is no ‘crime wave’ sweeping across Sri Lanka. In fact, the opposite is true: incidence of serious crimes are showing a gradual decline, even though the current levels are still too high.
Similarly, when some ill-informed academics and social activists engage in loose talk about ‘Sri Lanka’s rising suicide rate’. This could be due to mainstream media and social media’s coverage of various suicide incidents. Sections of the media have begun calling Sri Lanka ‘suicide capital’ of the world. Others are quick to blame new technologies such as social media as a ‘cause’ for some recent youth suicides, without any research to back such claims.
Police data (which is the most reliable on this subject) shows otherwise. Sri Lanka has made major advances in reducing its suicide rate from the peak in the mid 1990s (when there were 8,514 reported suicide deaths in 1995), to 3,025 suicide deaths reported in 2016. Compared to neighbouring South Asian countries, where there has been little change in suicide rates, Sri Lanka has managed to reduce its crude suicide rate by 70% during the last two decades.
Trends like ultra-nationalistic media, hate speech and fake news have all been around for decades — certainly well before the web emerged in the 1990s. What digital tools and the web have done is to ‘turbo-charge’ these trends.
This is the main thrust of this week’s Ravaya column, published on 1 July 2018, where I capture some discussions and debates at the 11thDeutsche Welle Global Media Forum (GMF), held in Bonn, Germany, from 11 to 13 June 2018.
I was among the 2,000+ media professionals and experts from over 100 countries who participated in the event. Across many plenaries and parallel sessions, we discussed a whole range of issues related to politics and human rights, media development and innovative journalism concepts.
Fake News is not new. The phenomenon has been around, in one form or another, for decades! Many of us in the global South have grown up amidst intentionally fake news stories in our media, some of it coming from governments, no less.
Fake News is merely a symptom of a wider and deeper crisis.It is a crisis of public trust in journalism and media that has been building up over the years in many countries. Fake News fills a vacuum of credibility.
In my latest Ravaya column (in Sinhala), published on 24 June 2018, I revisit the topic of Fake News to discuss if and how legal regulation can help counter Fake News. I argue that any new laws should be introduced very carefully, so as not to allow governments to restrict freedom of expression. I look at the botched Indian attempt to penalise journalists over Fake News, and the new Anti-Fake News Law in Malaysia (April 2018) that has been widely criticised for overbroad definitions and regulatory overreach.
In the end, I conclude: even the best laws can be a partial solution to the Fake News crisis. A healthy dose of scepticism can filter out a good deal of disinformation surrounding us. We also have to build media literacy as a modern-day survival skill, and nurture independent fact checking services.
Around 2,000 media professionals and experts from over 100 countries gathered at the World Conference Centre Bonn (WCCB) for the event, themed on ‘Global Inequalities’. Across many plenaries and parallel sessions, we discussed a whole range of issues related to politics and human rights, media development and innovative journalism concepts.
On 13 June 2018, I moderated a session on “Digitalization and polarization of the media: How to overcome growing inequalities and a divided public” which was organised by the Institut für Auslandsbeziehungen (ifa) or Institute for Foreign Relations, a century old entity located in Stuttgart.
Curd Knüpfer, Co-Head Research Group on Digitalization and the Transnational Public Sphere, Weizenbaum Institute for the Networked Society, Freie Universität Berlin
Here are my opening remarks for the panel, setting it in context:
Our topic resonates deeply with my personal experiences. I come from Sri Lanka, where a brutal civil war lasted for 26 years and ended nearly a decade ago. But even today, my society remains highly polarised along ethnic, religious and political lines. This is very worrying, especially as we are a multicultural society.
Our media, for the most part, reflect this division in society — and many sections of the media actually keep dividing us even further! Reconciliation is the last thing some of our tribal media owners and editors seem to want…
This situation is by no means unique to Sri Lanka. Well into the 21st century’s second decade, tribalistic media seems to be proliferating both in analog and digital realms! We can find examples from the East and the West, and from the global North and the South.
But let’s be clear: these trends predate the digitalisation of (what is still called) mainstream media and the emergence of entirely digital media. Trends like ultra-nationalistic media, hate speech and fake news have all been around for decades — certainly well before the web emerged in the 1990s.
What digital tools and the web have done is to ‘turbo-charge’ these trends. The ease with which content can now be created and the speed at which it can be globally shared is unprecedented. As is the intensity of misuse of social media platforms, and the spreading of deliberate falsehoods, or disinformation. Conspiracy theorists, spin doctors and other assorted charlatans never had it so good!
What is all this doing to our politics and societies, especially in democracies?
In today’s discussion, we will consider both the established media – television, radio and newspapers – as well as the newer media that are digitally produced and distributed online. (Demarcations are blurred because many ‘old media’ content is also now digitally available.)
In today’s panel, we want to recognise a few key questions, all of them at ‘big picture’ level:
How are old media and new media so much better at polarising societies than in uniting or unifying societies? Do they tape into a fundamental tribal instinct among us?
Is the free and open internet, especially in the form of social media, undermining free and open societies?
Around the world, digital media have been a powerful force for the good, promoting human rights, democracy and social empowerment. But is that era of idealism coming to an end? What next?
How is the role of news journalism changing in an age of foreign policy making that is increasingly impulsive and driven by social media?
What policies, regulations and actions are needed to avoid undesirable outcomes and to harness all media for the public good?
We may not find all the answers today, but it is very important that we ask these questions and collectively search for answers.
Here is the panel description written by the organisers:
Populism and nationalism are on the rise in many democracies. Recent elections, especially Trump’s victory in the US, are proof of deep social cleavages and the polarization of the media. The media system itself seems to be both the problem and the solution. It reveals the inequality of access to media, to a range of opinions, and to a true exchange that takes place outside of everyone’s echo chamber, and it highlights unequal levels of media literacy.
How can the media itself contribute to overcoming this polarization and disrupt these echo chambers? What does this fragmentation mean for political debates in democracies? How is the role of news journalism changing in an age of foreign policy making that is increasingly impulsive and driven by social media? How important is net neutrality? And what media policies are needed?
The German “Forum on Media and Development” (Forum Medien und Entwicklung, FOME) is a network of institutions and individuals active in the field of media development cooperation. I was invited to participate in, and moderate a panel at FoME Symposium 2017 held in Berlin on 16 – 17 November 2017.
This year’s symposium theme was Power Shifts – Media Freedom and the Internet. It explored how Internet governance issues are becoming more and more important for those who want to develop media (both mainstream media and social media) as democratic platforms.
On 17 November 2017, I moderated an international panel on Fake News: Tackling the phenomena respecting freedom of expression. It brought together representatives from government, civil society and a global media platform to discuss their roles and how they can interact to tackle the issue – all within the framework of Freedom of Expression (FOE).
Miriam Estrin, Public Policy Manager for Europe, Middle East and Africa, Google
Here are my opening remarks that set the context for our discussion:
Just as there are many definitions of Fake News, there can also be many perspectives on the topic. We all recognise Fake News as a problem, so let’s focus on how it can be countered. What are the local, national and global level strategies? What alliances, tools and resources are needed for such countering? What cautions and alarms can we raise?
To respond to any problem, we need to understand its contours.
Fake News is not new. The phenomenon has been around, in one form or another, for decades! Many of us in the global South have grown up amidst intentionally fake news stories in our media, some of it coming from governments, no less. And the developing world governments don’t have a monopoly over Fake News either: for over half a century, the erstwhile Soviet Union and Eastern Bloc countries manufactured a vast amount of disinformation (i.e. deliberately wrong information) that was fed to their own citizens and spread overseas in sustained propaganda efforts.
Sitting here, within a few kilometres from where the Berlin Wall once stood, we need to acknowledge that veritable factory of lies that operated on the other side!
So what’s new? During the past decade, as broadband Internet spread worldwide, fake news peddlers found an easy and fast medium online. From websites to social media accounts (many hiding behind pseudonyms), the web has provided a globalised playing field where dubious content could go ‘viral’.
Yesterday at this Symposium, Mark Nelson from CIMA said “We live in a world where lies are very cheap, and much easier to disseminate than the truth.”
Which reminded me of one of my favourite quotes: ““A lie can travel halfway around the world while the truth is putting on its shoes!”
Variations of this quote have been attributed to several persons including Jonathan Swift and Mark Twain. Whoever said it first, these words neatly sum up a long standing challenge to modern societies: how to cope with the spread of deliberate falsehoods.
As Mark Nelson asked us yesterday, how can we “make the Internet a place where truth is valued and spread – instead of disinformation?” This is the crux of our challenge.
So what is to be done? Among the options available, which ones are most desirable?
In searching for solutions to the Fake News crisis, we must recognise it is a nuanced, complex and variable phenomenon. There cannot be one global solution or quick fix.
Indeed, any ‘medicine’ prescribed for the malady of Fake News should not be worse than the ailment itself! We must proceed with caution, safeguarding the principles of Freedom of Expression and applying its reasonable limitations.
As human rights defenders caution, there is a danger that governments in their zeal to counter fake news could impose direct or indirect censorships, suppress critical thinking, or take other steps that violate international human rights law. This is NOT the way to deal with Fake News.
In my view, Fake News is a symptom of a wider and deeper crisis. It is a crisis of public trust in journalism and the media that has been building up over the years in many countries. Some call this a ‘Journalism Deficit’, or a gulf between what journalism ought be, and what it has (mostly) become today.
In my view, a free press is not an automatic guarantee against Fake News. In other words, media freedom is necessary — but not sufficient — to ensure that media content is trusted by the public. We need to better measure public trust in media and what the current trust levels mean for those producing media content professionally.
I would argue that the medium to long term response to Fake News is to narrow and bridge the Journalism Deficit by nurturing quality journalism and critical consumption of media. If you agree with this premise, what specific measures can we recommend and advocate?
Let us explore how media development can counter Fake News by exposing it, undermining it, and equipping media consumers with the knowledge and skills to spot it – and not spread it inadvertently.
For this, we need everyone’s cooperation.
We need global social media platforms and digital gatekeepers like Google to join with all their might (and what might!).
We need governments to be thoughtfully, carefully evaluate the optimum responses.
We need civil society to go beyond mere hand waving and finger pointing to help enhance media and information literacy.
We need researchers to keep studying and discerning trends that can influence policy and regulation (where appropriate).
We are not going to solve the problem in an hour. But we can at least ask the right questions, and clarify the issues in our minds. Onward!
I have just given an interview to Sunday Lakbima, a broadsheet newspaper in Sri Lanka (in Sinhala) on social media in Sri Lanka – what should be the optimum regulatory and societal responses. The interviewer, young and digitally savvy journalist Sanjaya Nallaperuma, asked intelligent questions which enabled me to explore the topic well.
Journalists, academics, politicians and civil society representatives joined the launch of Tamil language version of Sri Lanka’s Media Development Indicators (MDI) Report in Jaffna on 24 January 2017.
The report, for which I served as overall editor, is the outcome of a 14-month-long consultative process that involved media professionals, owners, managers, academics and relevant government officials. It offers a timely analysis, accompanied by policy directions and practical recommendations.
Reginald Cooray, Governor of the Northern Province, in a message said: “I am sure that the elected leaders and the policy makers of this government of Good governance will seize the opportunity to make a professionally ethical media environment in Sri Lanka which will strengthen the democracy and good governance.”
He added: “The research work should be studied, appreciated and utilised by the leaders and the policy makers. Everyone who was involved in the work should be greatly thanked for their research presentation with clarity.”
Speaking at the event, Sinnadurai Thavarajah, Leader of the Opposition of the Northern Provincial Council, urged journalists to separate facts from their opinions. “Media freedom is important, but so is unbiased and balanced reporting,” he said.
Lars Bestle, Head of Department for Asia and Latin America at International Media Support (IMS), which co-published the report, said: “Creating a healthy environment for the media that is inclusive of the whole country is an essential part of ensuring democratic transition.”
He added: “This assessment points the way forward. It is now up to the local actors – government, civil society, media, businesses and academia – with support from international community, to implement its recommendations.”
I introduced the report’s key findings and recommendations. In doing so, I noted how the government has welcomed those recommendations applicable to state policies, laws and regulations and already embarked on law review and regulatory reforms. In sharp contrast, there has been no reaction whatsoever from the media owners and media gatekeepers (editors).
Dr S Raguram, Head of Media Studies at the University of Jaffna (who edited the Tamil version) and Jaffna Press Club president Ratnam Thayaparan also spoke.
The report comes out at a time when the country’s media industry and profession face multiple crises stemming from an overbearing state, unpredictable market forces and rapid technological advancements.
Balancing the public interest and commercial viability is one of the media sector’s biggest challenges today. The report says: “As the existing business models no longer generate sufficient income, some media have turned to peddling gossip and excessive sensationalism in the place of quality journalism. At another level, most journalists and other media workers are paid low wages which leaves them open to coercion and manipulation by persons of authority or power with an interest in swaying media coverage.”
Notwithstanding these negative trends, the report notes that there still are editors and journalists who produce professional content in the public interest while also abiding by media ethics. Unfortunately, their work is eclipsed by media content that is politically partisan and/or ethnically divisive.
The result: public trust in media has been eroded, and younger Lankans are increasingly turning to entirely web-based media products and social media platforms for information and self-expression. A major overhaul of media’s professional standards and ethics is needed to reverse these trends.
The Tamil report is available for free download at:
Brief comment provided to Daily Mirror newspaper, Sri Lanka, on 20 January 2017:
‘Eyes in the Sky’ need ethical and careful ‘pilots’
By Nalaka Gunawardene
For some, drones conjure images of death and destruction – military applications have been their most widely reported application. But unmanned aerial vehicles or UAVs are increasingly being used for many peaceful purposes. That poses a host of ethical and legal challenges we must confront to get the best of this new technology while minimizing potential harms.
In the past few years, the cost of drones came down (an entry level unit sells for around LKR 35,000 in Colombo) as their versatility increased. This spurred many uses from newsgathering and post-disaster assessments to goods delivery and smart farming.
In Sri Lanka, surveyors, photographers, TV journalists and political parties were among the early civilian users of drones. They all grasped the value of the ‘bigger picture’ perspective such aerial photos or videos can provide. Until recently, accessing that vantage point was possible only through helicopters or fixed wing aircraft – a facility few could afford.
Having the bird’s eye view helps journalists and their audiences to make sense of complex situations like climate change impacts, conflicts over resources or political agitations. We certainly need more field-based and investigative reporting that goes beyond press releases and press conferences. Drones are fast joining the journalists’ toolkit — but what matters is their imaginative and responsible use.
Here, we have both good news and bad news. On the positive side, over two dozen journalists and photojournalists have been trained in drone-assisted journalism during 2016 by drone journalism enthusiast (and drone pilot) Sanjana Hattotuwa and journalist Amantha Perera. Some trainees have since done good stories with drone-gathered images. Examples include probing the drought’s impacts in the dry zone, rising garbage crisis in Kattankudy on the east coast, and taking a close look at land use patterns in Hambantota.
Internews Sri Lanka: Drone gathered footage supporting journalism
The downside is that some news organisations are deploying drones without due regard for public safety or existing codes of media ethics. A drone hovered over the Colombo general cemetery as slain editor Lasantha Wickremetunge’s body was exhumed in September 2016. That disregarded a family request for privacy.
The end never justifies the means in good journalism. If some media groups continue to operate drones in such reckless manner, they risk discrediting the new technology and attracting excessive regulations.
Drones or any other new technologies need to be anchored in the basic ethics of journalism. Each new tool would also bring along its own layer of ethics. Where drone use is concerned, respecting privacy and considering the safety of others is far more important than, say, when using a handheld camera.
In February 2016, the Civil Aviation Authority of Sri Lanka (CAASL) published regulations for drone operation which apply to all users including journalists. This has been updated in January 2017. The Information Department, in a recent release, says it is working with CAASL to simplify these rules and streamline approval processes. That is a welcome move.
For now, Lankan journalists can follow the Code of Ethics for Drone Journalists already formulated by practitioners and researchers in the United States. It is available at: http://www.dronejournalism.org/code-of-ethics/
Nalaka Gunawardene is a columnist and independent media researcher. He tweets from @NalakaG