30 Oct 2022: UPSC Exam Comprehensive News Analysis

B. GS 2 Related

Category: GOVERNANCE

1. Amended IT Rules

Syllabus: Government Policies and Interventions

Mains: Pros and Cons of Information Technology Rules, 2021.

Context: The Union information technology ministry recently notified the setting up of Grievance Appellate Committees to hear appeals from social media users.

Introduction:

• The Union ministry notified the setting up of Grievance Appellate Committees(GAC) which will have control over content moderation decisions taken by social media platforms in India.
• The GACs will hear appeals from users challenging the decision of social media companies to remove or moderate content on their platforms.
• The decision to form such panels within the next three months was notified as an amendment to Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

Key changes effected by the amendment:

• Recent amendments impose a legal obligation on intermediaries to take reasonable efforts to prevent users from uploading harmful/unlawful content. The new provision will ensure that the intermediary’s obligation is not a mere formality.
• For effective communication of the rules and regulations of the intermediary, it is important that the communication is done in regional Indian languages as well.
• The grounds in rule 3(1)(b)(ii)  have been rationalised by removing the words ‘defamatory’ and ‘libellous’. Whether any content is defamatory or libellous will be determined through judicial review.
• Some of the content categories in rule 3(1)(b) have been rephrased to deal particularly with misinformation, and content that could incite violence between different religious/caste groups.
• The amendment requires intermediaries to respect the rights guaranteed to users under the Constitution, including a reasonable expectation of due diligence, privacy and transparency.
• Grievance Appellate Committee(s) will be established to allow users to appeal against the inaction of, or decisions taken by intermediaries on user complaints. However, users will always have the right to approach courts for any remedy.
  • Each Grievance Appellate Committee shall consist of a chairperson and two whole time members appointed by the Central Government, of which one shall be a member ex-officio and two shall be independent members. 
  • Any person aggrieved by a decision of the Grievance Officer may prefer an appeal to the Grievance Appellate Committee within a period of thirty days from the date of receipt of communication from the Grievance Officer.
  • The Grievance Appellate Committee shall deal with such appeal expeditiously and shall make an endeavour to resolve the appeal finally within thirty calendar days from the date of receipt of the appeal. 

Significance of this amendment:

• The latest amendment lays a definite due diligence obligation on social media firms so that no unlawful content or misinformation is posted on their platforms.
• Several digital platforms are accused of taking a “casual” and “tokenism” approach towards user complaints in the past one year. 
  • The government had received lakhs of messages from citizens regarding the action/inaction on the part of the intermediaries on grievances regarding objectionable content or suspension of user accounts.
• The amendments will ensure that these digital platforms respect the fundamental rights accorded to citizens under Articles 14, 19 and 21 of the Constitution.
• This is in line with the government’s focus to make the Internet a safe, trusted and accountable space for users. 

Criticism against recent amendments:

• Grievance Appellate Committees are appointed by the union government which would give the government power to moderate content on social media.
  • This would make the government the arbiter of permissible speech on the internet and incentivised social media platforms to suppress any speech that is against the government.
  • Non-government organisation Internet Freedom Foundation have shared their concern that the government-appointed committees could apply “opaque and arbitrary methods” while hearing the appeals.
• The amendment put forth the obligation that all social media intermediaries resolve all complaints within 72 hours of reporting.
  • The shortened timelines might lead to hastier decision making with respect to censoring the content without proper scrutiny.
• Several media outlets have challenged the new IT rules in courts. They have argued that the guidelines will allow the government to directly control their content. 
  • In May 2022, the Supreme Court had put a stay on the proceedings pending before various High Courts on petitions against the new Information Technology Rules.
  • In August 2022, a division bench of the Bombay High Court had stayed the implementation of Rule 9 (1) and (3) of the new IT rules. The provisions deal with the code of ethics under the new IT rules.
• In a country where there is still no data privacy law to protect citizens from excesses committed by any party, encouraging digital platforms to exchange more information could backfire.

Nut Graf: In a major push towards an Open, Safe & Trusted and Accountable Internet, the Ministry of Electronics and IT notified amendments to IT rules 2021, aimed at protecting the rights of Digital Nagriks. They have been notified against the backdrop of complaints regarding the action/inaction on the part of the intermediaries on user grievances.

E. Editorials

Category: ENVIRONMENT

1. Is the world’s climate action plan on track?

Syllabus: Environmental Organizations.

Mains: Conference of Parties 27, Sharm El-Sheikh.

Prelims: Conference of Parties 27.

Context: COP27 will be held in Sharm El-Sheikh, Egypt. 

Details:

•  The 27th round of the Conference of Parties (COP27) will be held in Sharm El-Sheikh, Egypt from 6 November to 18 November 2022. The leaders from nearly 200 countries will attend the event and will deliberate on global actions against the rising threat of climate change.
• The annual summit is happening at a time when the world is already reeling under the pressure of inflation, food, energy,  and supply chain crises due to the Russia-Ukraine war. These situations are further worsened by extreme weather events thus highlighting that the world is not doing enough to tackle climate change.
• At COP27, deliberations and discussions will take place on matters like measures to decarbonize, finance climate action, and several other issues associated with biodiversity, food, and energy security.

Previous significant COPs:

• The participants of COPs signed and adopted the United Nations Framework Convention on Climate Change (UNFCCC) three decades ago. Presently UNFCCC has 198 members. 
• The first COP was organized in Berlin in 1995. 
• Some of the historic agreements at COPs are: 
  • COP3 in 1997: The Kyoto Protocol was adopted which ensured industrialized economies limit and reduce greenhouse gas emissions. 
  • COP21 in 2015:  It concluded with Paris Agreement where member countries agreed to keep global warming below 2°C, preferably not more than 1.5°C, in comparison to pre-industrial levels. 
  • COP 26 in 2021: It was held in Glasgow and concluded with the Glasgow Climate Pact that called for the countries to ‘phase down’ unabated use of coal power.

Agenda of COP 27:

• COP27 is looking forward to strengthening a global response and deliberating if developed countries emitting more carbon dioxide should compensate for the loss to developing nations with a relatively low carbon footprint. 
• It aims to “accelerate climate action across the world through emissions reduction,  adaptations, and enhanced flow of finance” using its four priority measures of mitigation, adaptation, financing, and collaboration. 
• According to the vision statement of the President, COP27 will focus on moving away from planning and negotiations to the implementation of pledges and promises. 
• Experts hold the opinion that COP27 would emerge as an “in-between COP,” because climate change goals have either already passed or are not due in near future. It can provide a platform to push the developed economies on the issues that are usually passed over.

Consequences of COP26, Glasgow:

• The world has transformed since COP26 in Glasgow. Extreme weather events and scientific reports remind the devastating impact of humans on climate change. It also showcases the inefficiencies of the existing policies across the world. These reports have likely impacted the political agenda and environmental diplomacy and have built momentum for the upcoming summit in Egypt.
• As per a UN report, the “efforts remain insufficient” to arrest the global temperature increase to 1.5°C (as deliberated in Paris Agreement). Moreover, the UN Climate Change report highlights that the world is not acting urgently to restrict greenhouse gas emissions even though climate-enhanced heatwaves and floods have become a common phenomenon after just 1.2°C of warming. 
• According to the analysis of the Nationally Determined Contributions (NDCs) to cut emissions and adapt to climate impacts, even if the Nations abide by their pledges, the world is on the track for warming to 2.5°C. 
• The report further adds that emissions should fall 45% by 2030 in comparison to 2010 levels to meet the goals of the Paris agreement.

For more information on COP26, Glasgow, read here: COP26 Climate Change Conference | Glasgow Summit

IPCC report and its findings:

• According to the recent Intergovernmental Panel on Climate Change (IPCC) assessment report,  climate change has caused irreversible losses to natural ecosystems. It has further warned of severe consequences to food security, health, and loss of biodiversity if the carbon emissions from human activity are not significantly reduced. 
• The report says that 3-14% of all species face a very high risk of extinction at even 1.5°C. It can have more devastating losses at much higher temperatures. It also adds that restricting warming to about 1.5°C requires global greenhouse gas emissions to peak before 2025 and should be lowered by approximately 43% by 2030. Moreover, coal-fired power plants without carbon capture and storage technology should be shut down by 2050. This is a warning relevant to India as roughly 10% of global capacity is operational in India.
• The World Resources Institute report suggests that the world should curb emissions six times faster than the present trajectory by 2030 to meet the target of 1.5°C. Out of the total 40 indicators that were examined none is on track to reach the 2030 target. The report noted that unabated coal-based electricity generation continues to expand in various regions and unabated fossil gas-based electricity is also rising across the world.

India’s stand on Climate change:

• India is among the 197 countries that have promised to limit the increase of global temperatures to 1.5°C by 2030. India is also working on a long-term policy roadmap to achieve the target of net zero emissions by 2070. 
• Prime Minister of India during the Glasgow summit committed that India would increase its non-fossil energy capacity to 500 GW by 2030 and meet half of its energy requirement from renewable sources, thereby reducing carbon emissions. 
• It should be noted that India is the third-largest greenhouse gas emitter in the world. India updated its climate pledges but India is often criticized for not setting ambitious targets. 
• An independent analysis, the Climate Action Tracker categorizes actions taken by  India as “highly insufficient”. This is because India’s continued support of the coal industry subverts a green recovery. India was also severely criticized for its stand to “phase down” coal instead of “phase out” at COP26.
• However, India is expected to play a key role at COP27 in Egypt. The major issue that will be taken up by India during the summit is Climate Financing.

Related Links: UPSC Exam Comprehensive News Analysis. Oct 29th, 2022 CNA. Download PDF

Nut Graf: The world is presently not on track to achieve climate goals as per various reports. The upcoming COP27 has come at a crucial time when the world is already reeling under a lot of economic and geopolitical pressure. The need of the hour is that all countries should take the threat of climate change seriously and make COP27 a major success with conclusive decisions.

I. UPSC Mains Practice Questions

1. A unilateral withdrawal of the pleasure by the Governor has no Constitutional consequence. Examine. (10 Marks; 150 Words) (GS-2; Polity)
2. Write a note on Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2022. (10 Marks; 150 Words) (GS-2; Polity and Governance)