Row over anti-national clause in UP govt’s new social media policy

New Delhi: A row erupted on Wednesday over the new social media policy introduced by the Uttar Pradesh government. 

The policy includes guidelines for dealing with objectionable content and mandates legal action.

Posting anti-national content is now a serious offence, punishable by up to life imprisonment, replacing previous IT Act provisions.

Sharing obscene or defamatory material can lead to criminal defamation charges.

The policy encourages the promotion of government schemes on social media, offering influencers potential earnings of up to Rs 8 lakh per month.

Payment limits are set for influencers, with a maximum of Rs 5 lakh on X, Rs 4 lakh on Facebook, Rs 3 lakh on Instagram, and Rs 8 lakh on YouTube.

The most controversial aspect of this policy is the severe punishment for posting content considered anti-national where individuals could face imprisonment ranging from three years to a life term for such offenses. 

This measure aims to prevent the spread of misinformation or content that could incite violence or disrupt national integrity.

However, critics raised the point that who would decide what is anti-national in a democracy?

Critics argue that the policy might infringe on freedom of speech and expression, a fundamental right under the Indian Constitution. 

There's a fear that the broad definition of "anti-national" could be misused to suppress dissent or criticism against the government. 

The policy also includes incentives for social media influencers who promote government schemes and initiatives. This move is designed to harness the power of social media for positive governance outreach, potentially increasing awareness and participation in government programs.

In early 2023, the UP Police introduced guidelines restricting police personnel from using social media while on duty, banning activities like making reels in uniform or sharing official documents. This was part of an earlier effort to professionalise the force's online presence.

Conversely, supporters of the policy highlighted its potential to maintain social harmony by preventing the spread of hate speech and misinformation, which has historically led to communal tensions and violence in India. 

They argue that in an era where social media can rapidly escalate conflicts, such measures might be necessary.

Legal experts pointed out the need for clear definitions and due process in implementing such policies. 
The ambiguity in what constitutes "anti-national" content could lead to arbitrary enforcement, potentially violating legal standards.

The UP government's policy reflects a broader trend where governments worldwide are grappling with the power of social media. From the U.S. Supreme Court's rulings on public officials' social media conduct to international concerns over disinformation, the balance between freedom of speech and national security is a global debate. 

While it aims to foster a more controlled information environment, the policy's practical implementation is set to face intense scrutiny. 

As with many such policies, its success will largely depend on how it's enforced, the clarity in its legal framework, and its respect for constitutional rights.