WASHINGTON DC (United States): A day after Twitter CEO Jack Dorsey slammed Donald Trump, the US President on Friday signed an executive order challenging lawsuit protections that have served as a bedrock for the unrestricted speech on the internet.
— The White House (@WhiteHouse) May 28, 2020
Trump said the fact checks were “editorial decisions” by Twitter amounting to political activism and that such actions should cost social media companies their liability protection for what is posted on their platforms.
Here is the complete executive order, as released by The White House:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. Free speech is the bedrock of American democracy. Our Founding Fathers protected this sacred right with the First Amendment to the Constitution. The freedom to express and debate ideas is the foundation for all of our rights as a free people.
In a country that has long cherished the freedom of expression, we cannot allow a limited number of online platforms to hand pick the speech that Americans may access and convey on the internet. This practice is fundamentally un-American and anti-democratic. When large, powerful social media companies censor opinions with which they disagree, they exercise a dangerous power. They cease functioning as passive bulletin boards, and ought to be viewed and treated as content creators.
The growth of online platforms in recent years raises important questions about applying the ideals of the First Amendment to modern communications technology. Today, many Americans follow the news, stay in touch with friends and family, and share their views on current events through social media and other online platforms. As a result, these platforms function in many ways as a 21st century equivalent of the public square.
Twitter, Facebook, Instagram, and YouTube wield immense, if not unprecedented, power to shape the interpretation of public events; to censor, delete, or disappear information; and to control what people see or do not see.
As President, I have made clear my commitment to free and open debate on the internet. Such debate is just as important online as it is in our universities, our town halls, and our homes. It is essential to sustaining our democracy.
Online platforms are engaging in selective censorship that is harming our national discourse. Tens of thousands of Americans have reported, among other troubling behaviors, online platforms “flagging” content as inappropriate, even though it does not violate any stated terms of service; making unannounced and unexplained changes to company policies that have the effect of disfavoring certain viewpoints; and deleting content and entire accounts with no warning, no rationale, and no recourse.
Twitter now selectively decides to place a warning label on certain tweets in a manner that clearly reflects political bias. As has been reported, Twitter seems never to have placed such a label on another politician’s tweet. As recently as last week, Representative Adam Schiff was continuing to mislead his followers by peddling the long-disproved Russian Collusion Hoax, and Twitter did not flag those tweets. Unsurprisingly, its officer in charge of so-called ‘Site Integrity’ has flaunted his political bias in his own tweets.
At the same time online platforms are invoking inconsistent, irrational, and groundless justifications to censor or otherwise restrict Americans’ speech here at home, several online platforms are profiting from and promoting the aggression and disinformation spread by foreign governments like China. One United States company, for example, created a search engine for the Chinese Communist Party that would have blacklisted searches for “human rights,” hid data unfavorable to the Chinese Communist Party, and tracked users determined appropriate for surveillance. It also established research partnerships in China that provide direct benefits to the Chinese military. Other companies have accepted advertisements paid for by the Chinese government that spread false information about China’s mass imprisonment of religious minorities, thereby enabling these abuses of human rights. They have also amplified China’s propaganda abroad, including by allowing Chinese government officials to use their platforms to spread misinformation regarding the origins of the COVID-19 pandemic, and to undermine pro-democracy protests in Hong Kong.
As a Nation, we must foster and protect diverse viewpoints in today’s digital communications environment where all Americans can and should have a voice. We must seek transparency and accountability from online platforms, and encourage standards and tools to protect and preserve the integrity and openness of American discourse and freedom of expression.
Sec. 2. Protections Against Online Censorship. (a) It is the policy of the United States to foster clear ground rules promoting free and open debate on the internet. Prominent among the ground rules governing that debate is the immunity from liability created by section 230(c) of the Communications Decency Act (section 230(c)). 47 U.S.C. 230(c). It is the policy of the United States that the scope of that immunity should be clarified: the immunity should not extend beyond its text and purpose to provide protection for those who purport to provide users a forum for free and open speech, but in reality use their power over a vital means of communication to engage in deceptive or pretextual actions stifling free and open debate by censoring certain viewpoints.
Section 230(c) was designed to address early court decisions holding that, if an online platform restricted access to some content posted by others, it would thereby become a “publisher” of all the content posted on its site for purposes of torts such as defamation. As the title of section 230(c) makes clear, the provision provides limited liability “protection” to a provider of an interactive computer service (such as an online platform) that engages in “‘Good Samaritan’ blocking” of harmful content. In particular, the Congress sought to provide protections for online platforms that attempted to protect minors from harmful content and intended to ensure that such providers would not be discouraged from taking down harmful material. The provision was also intended to further the express vision of the Congress that the internet is a “forum for a true diversity of political discourse.” 47 U.S.C. 230(a)(3). The limited protections provided by the statute should be construed with these purposes in mind.
In particular, subparagraph (c)(2) expressly addresses protections from “civil liability” and specifies that an interactive computer service provider may not be made liable “on account of” its decision in “good faith” to restrict access to content that it considers to be “obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable.” It is the policy of the United States to ensure that, to the maximum extent permissible under the law, this provision is not distorted to provide liability protection for online platforms that — far from acting in “good faith” to remove objectionable content — instead engage in deceptive or pretextual actions (often contrary to their stated terms of service) to stifle viewpoints with which they disagree. Section 230 was not intended to allow a handful of companies to grow into titans controlling vital avenues for our national discourse under the guise of promoting open forums for debate, and then to provide those behemoths blanket immunity when they use their power to censor content and silence viewpoints that they dislike. When an interactive computer service provider removes or restricts access to content and its actions do not meet the criteria of subparagraph (c)(2)(A), it is engaged in editorial conduct. It is the policy of the United States that such a provider should properly lose the limited liability shield of subparagraph (c)(2)(A) and be exposed to liability like any traditional editor and publisher that is not an online provider.
(b) To advance the policy described in subsection (a) of this section, all executive departments and agencies should ensure that their application of section 230(c) properly reflects the narrow purpose of the section and take all appropriate actions in this regard. In addition, within 60 days of the date of this order, the Secretary of Commerce (Secretary), in consultation with the Attorney General, and acting through the National Telecommunications and Information Administration (NTIA), shall file a petition for rulemaking with the Federal Communications Commission (FCC) requesting that the FCC expeditiously propose regulations to clarify:
(i) the interaction between subparagraphs (c)(1) and (c)(2) of section 230, in particular to clarify and determine the circumstances under which a provider of an interactive computer service that restricts access to content in a manner not specifically protected by subparagraph (c)(2)(A) may also not be able to claim protection under subparagraph (c)(1), which merely states that a provider shall not be treated as a publisher or speaker for making third-party content available and does not address the provider’s responsibility for its own editorial decisions;
(ii) the conditions under which an action restricting access to or availability of material is not “taken in good faith” within the meaning of subparagraph (c)(2)(A) of section 230, particularly whether actions can be “taken in good faith” if they are:
(A) deceptive, pretextual, or inconsistent with a provider’s terms of service; or
(B) taken after failing to provide adequate notice, reasoned explanation, or a meaningful opportunity to be heard; and
(iii) any other proposed regulations that the NTIA concludes may be appropriate to advance the policy described in subsection (a) of this section.
Sec. 3. Protecting Federal Taxpayer Dollars from Financing Online Platforms That Restrict Free Speech. (a) The head of each executive department and agency (agency) shall review its agency’s Federal spending on advertising and marketing paid to online platforms. Such review shall include the amount of money spent, the online platforms that receive Federal dollars, and the statutory authorities available to restrict their receipt of advertising dollars.
(b) Within 30 days of the date of this order, the head of each agency shall report its findings to the Director of the Office of Management and Budget.
(c) The Department of Justice shall review the viewpoint-based speech restrictions imposed by each online platform identified in the report described in subsection (b) of this section and assess whether any online platforms are problematic vehicles for government speech due to viewpoint discrimination, deception to consumers, or other bad practices.
Sec. 4. Federal Review of Unfair or Deceptive Acts or Practices. (a) It is the policy of the United States that large online platforms, such as Twitter and Facebook, as the critical means of promoting the free flow of speech and ideas today, should not restrict protected speech. The Supreme Court has noted that social media sites, as the modern public square, “can provide perhaps the most powerful mechanisms available to a private citizen to make his or her voice heard.” Packingham v. North Carolina, 137 S. Ct. 1730, 1737 (2017). Communication through these channels has become important for meaningful participation in American democracy, including to petition elected leaders. These sites are providing an important forum to the public for others to engage in free expression and debate. Cf. PruneYard Shopping Center v. Robins, 447 U.S. 74, 85-89 (1980).
(b) In May of 2019, the White House launched a Tech Bias Reporting tool to allow Americans to report incidents of online censorship. In just weeks, the White House received over 16,000 complaints of online platforms censoring or otherwise taking action against users based on their political viewpoints. The White House will submit such complaints received to the Department of Justice and the Federal Trade Commission (FTC).
(c) The FTC shall consider taking action, as appropriate and consistent with applicable law, to prohibit unfair or deceptive acts or practices in or affecting commerce, pursuant to section 45 of title 15, United States Code. Such unfair or deceptive acts or practice may include practices by entities covered by section 230 that restrict speech in ways that do not align with those entities’ public representations about those practices.
(d) For large online platforms that are vast arenas for public debate, including the social media platform Twitter, the FTC shall also, consistent with its legal authority, consider whether complaints allege violations of law that implicate the policies set forth in section 4(a) of this order. The FTC shall consider developing a report describing such complaints and making the report publicly available, consistent with applicable law.
Sec. 5. State Review of Unfair or Deceptive Acts or Practices and Anti-Discrimination Laws. (a) The Attorney General shall establish a working group regarding the potential enforcement of State statutes that prohibit online platforms from engaging in unfair or deceptive acts or practices. The working group shall also develop model legislation for consideration by legislatures in States where existing statutes do not protect Americans from such unfair and deceptive acts and practices. The working group shall invite State Attorneys General for discussion and consultation, as appropriate and consistent with applicable law.
(b) Complaints described in section 4(b) of this order will be shared with the working group, consistent with applicable law. The working group shall also collect publicly available information regarding the following:
(i) increased scrutiny of users based on the other users they choose to follow, or their interactions with other users;
(ii) algorithms to suppress content or users based on indications of political alignment or viewpoint;
(iii) differential policies allowing for otherwise impermissible behavior, when committed by accounts associated with the Chinese Communist Party or other anti-democratic associations or governments;
(iv) reliance on third-party entities, including contractors, media organizations, and individuals, with indicia of bias to review content; and
(v) acts that limit the ability of users with particular viewpoints to earn money on the platform compared with other users similarly situated.
Sec. 6. Legislation. The Attorney General shall develop a proposal for Federal legislation that would be useful to promote the policy objectives of this order.
Sec. 7. Definition. For purposes of this order, the term “online platform” means any website or application that allows users to create and share content or engage in social networking, or any general search engine.
Sec. 8. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Women Entrepreneurs Critical To ‘Aatma-Nirbhar Bharat’
Women entrepreneurs still face obstacles in their business endeavours due to gender bias and discrimination.
(This article belongs to League of India’s ‘Readers’ Opinions‘ Initiative)
For entrepreneurs to thrive in an economy, a stable and supportive political system has to prevail. A liberalized economic environment offers the space and confidence for people to take up commercial activities. Though pre-colonial Indian society possessed classy village and town economies that supported indigenous artisans, handicrafts, and commerce by trade guilds and business communities, the British occupation subverted the Indian economy to serve the interests of the rulers. After independence, there was a capital crunch that prevented proper growth of individual small and medium scale businesses.
The liberalization of the economy in 1991 opened up space for small and personal commercial activities to grow well. Indian women entrepreneurs have also been part of this development process.
The growth of women entrepreneurs has not only reduced the gender gap in socio-economic participation but has also been instrumental in ensuring balanced and equitable development an economic upliftment at women, benefits her family surrounding and community.
Nevertheless, women entrepreneurs still face obstacles in their business endeavours due to gender bias and discrimination.
Indian women entrepreneurs are significantly less aware of govt schemes policies available for them. According to the 2011 Census, around 34% of Indian women are illiterate, which prevents them from accessing information and training opportunities. Most women do not inherit their ancestral properties; It goes only to the male children.
So it is very tough for them to arrange initial capital, finance, and working capital since angel investors show gender bias in their evaluation and investment decisions. Inequitable access to the labour market and lack of networking-cum-market understanding discourage them for a start-up.
Women entrepreneurs choose to keep their businesses small since they have to juggle family responsibilities too. They are expected to balance and manage family work and everything else; even they contribute equally to family’s finance.
According to the Sixth Economic Census released by the Ministry of Statistics and Programme Implementation, women constitute around 14 per cent of the total entrepreneur base in India, i.e. 8.05 million out of the total 58.5 million entrepreneurs.
While some are accidental entrepreneurs due to the lack of other work opportunities, many others are driven by a specific mission or goal. Of the total 20%, women-owned MSMEs, 20.44% are micro-enterprises, 5.26% are small and 2.67% medium enterprises.
States such as Tamil Nadu, Karnataka, Gujarat, and Kerala have a higher number of women entrepreneurs, while Chandigarh, Arunachal Pradesh, Diu, and Daman have a low number of women entrepreneurs.
Significant obstacles to women in MSMEs are gender bias exhibited by investors, lack of credit access and unsupportive family.
Census 2011 data shows that 32.8 per cent of women are engaged in the agriculture sector. 33 per cent cultivators and 47 per cent of agricultural labourers are women. In rural India, 84 per cent of women depend on agriculture for their livelihood.
According to Economic Survey 2017-18, the number of women engaged in agriculture as cultivators, agri-entrepreneurs, and labourers is increasing. This feminization of agriculture can enable women to play a decisive role in ensuring food security and preserving local eco-biodiversity. It necessitates access to resources such as water, farm credit, land, technology, and information to women.
However, only 12% of the land is owned by women.
Women employed in the agriculture sector face gender wage disparity, mostly work in low skilled jobs, and many of them work as unpaid subsistence labourers.
Intels Women and Web Study (2013) found that women’s access to the Internet helps them acquire new knowledge, learning. However, there is a 34 per cent gender gap in online access in India. Indian women mainly use it for banking and financial activities. Over 30 per cent of girls drop out before completing secondary education in India.
Further, due to the lack of access to technical knowledge, women mostly occupy low and medium-skilled jobs. It makes them vulnerable to the effects of automation, which may force job layoffs shortly, resulting in further marginalization of women.
Loss of employment can restrict their economic independence and development.
The concept of ‘Vocal for Local’ is possible only when women, whose population is almost half of the total, are made to be the part of the program and participate equally in terms of economic activities.
The government ought to organize a survey on the post-COVID impact on women’s livelihood across sectors. There must be a special allocation of funds to women start-ups and proper incubation process.
MSME ministry, in collaboration with NGOs, should also provide research support and technical inductions to rural women entrepreneurs.
Most importantly, We (govt., administration, society and you) have to ensure an inclusive, no favouritism, and sexual harassment-free workplace.
What is needed are gender-neutral policies, as well as pro-women budgets that promote women entrepreneurship. Strong legislation and public awareness of these laws are required to enable easy conduct of business. Non-discriminatory access to credit facilities and banking is another pre-requisite to encourage female entrepreneurs.
Hopefully, we will see a new dawn of women empowerment in the nation in the coming decades as more and more women are coming into the centre stream of the economy across various sectors like IT, financial, e-commerce, biotechnology etc. which will also increase the productivity of women.
Disclaimer: The facts and opinions expressed in this reader-submitted article are strictly the personal opinions of the author. League of India does not assume any responsibility or liability for the accuracy, completeness, suitability, or validity of any information in this article.
This reader-submitted article has NOT BEEN EDITED by League of India and is published as received.
The Subject Of Being Atma Nirbhar In Defence Technology
DRDO has to navigate through a complex web of stakeholders and labyrinthine bureaucratic processes.
Following Prime Minister Narendra Modi’s “Vocal for Local” call and launch of Atma Nirbhar Bharat Abhiyan (Self-Reliant India Campaign), the Ministry of Defence (MoD) has tweaked its capital acquisition manual to promote greater self-reliance in defence production.
On July 27, it released the draft Defence Acquisition Procedure 2020 (DAP-2020) for public comments. The draft incorporates suggestions received from various stakeholders on a previous draft – the draft Defence Procurement Procedure (DPP-2020) – which was also put in the public domain.
Among other features, the draft DAP-2020 improvises upon Chapter III A of the draft DPP-2020, which was articulated with the intention to streamline para 72 of Chapter II of the existing DPP that facilitates the acquisition of systems designed and developed by the Defence Research and Development Organisation (DRDO), Defence Public Sector Undertakings (DPSUs) and the Ordnance Factory Board (OFB).
Will the Chapter-III A make a difference in realising Prime Minister Modi’s call for an Atma Nirbhar Bharat? The answer lies in understanding the issues surrounding the indigenous development of defence equipment by the Indian entities, particularly the DRDO, and then juxtaposing them with the procedures articulated in Chapter III A.
Since its creation in 1958, the DRDO has been at the forefront of indigenous design and development of defence equipment. The organisation, which has 24,700 employees, including 7,300 scientists, and a budget of Rs 19,327 crore (or four per cent of the MoD’s budget for 2020-21), is known for many remarkable achievements in strategic programmes, a glimpse of which was the recent successful conduct of Mission Shakti, an anti-satellite (ASAT) missile test.
However, in regard to conventional arms, there has been a deep-rooted perception that the DRDO has not been so successful, even though the organisation, with all its human resource and budgetary constraints, has designed and developed a range of complex systems including Light Combat Aircraft (LCA), Main Battle Tank Arjun, Pinaka multi-barrel rocket system, advanced towed artillery gun, and myriad other weapons and sensors.
In terms of value, the DRDO-designed products (other than strategic systems), whether inducted or in the process of induction, amount to Rs 2,65,007 crore, as of 2017.
Notwithstanding these achievements, the ultimate users, i.e., the armed forces, often complain about time and cost overruns and performance shortfall of the equipment designed and developed by the DRDO.
It is important to note that unlike strategic systems in which the DRDO has greater freedom in the developmental process, in conventional weapon systems, most of which are developed through the Mission Mode, the DRDO has to navigate through a complex web of stakeholders and labyrinthine bureaucratic processes which often work as a stumbling block.
The involvement of various stakeholders, which include armed forces and production and quality assurance agencies, brings an element of diffused accountability as agencies involved are accountable to different administrative heads.
The lack of synergy among stakeholders has been commented upon by various authorities, including the Comptroller and Auditor General (CAG) of India, for its adverse impact on timely completion of projects.
More significantly, the lack of synergy has sometimes generated rigid institutional biases, leading to undue delay in placement of orders even after projects have gone through the rigorous process of development and testing. This not only demotivates scientists and the industry involved in the project but directly affects India’s self-reliance as the budget which could have been utilised to procure home-grown technologies is ultimately spent on importing arms from external sources.
The Chapter III A of the draft DAP-2020 has attempted to address some of the abovementioned constraints by articulating detailed step-by-step procedures to enable smooth acquisition of systems indigenously designed by the DRDO and other MoD-owned/controlled design houses. The chapter has identified 12 steps to be followed, ranging from identification of projects for the DRDO and others to award of contract and post-contract management.
The chapter also provides for the spiral development of weapons and platform so as allow quick induction of developed products and continuous capability enhancement of the inducted system through incremental technological improvements.
Significantly also, the chapter provides for Joint Project Management Team (JPMT) to bring a semblance of synergy among various stakeholders. Comprising representatives from the concerned armed force, design house, quality assurance and maintenance agencies and the Acquisition Wing of the MoD, the JPMT is intended to facilitate smooth progress of projects.
While the abovementioned steps stipulated in the chapter are a move in the right direction, they need to be strengthened further to make procedures more robust and conducive for timely completion of projects. One key area which needs improvement pertains to the power of the JPMT.
In its present form, the JPMT can, at best, discuss issues arising during the developmental process without any power to take decisions on its own to facilitate timely completion of the project. The real power is vested with higher authorities who are not directly involved in the project’s day-to-day execution. In short, the JPMT is not empowered to be responsible to deliver projects on time and to the budget.
In comparison to the suggested JPMT in Chapter III A, similar institutions in other advanced defence manufacturing countries such as the United States (US), the United Kingdom (UK) and France are real drivers of the indigenous projects with necessary powers vested with the team to take decisions in the projects’ interest. Such an empowered arrangement would be desirable to promote R&D in Indian defence
Another area that needs refinement pertains to trial and testing of the equipment. The draft chapter in the present form lays emphasis on a multi-layered trial evaluation – developmental trials, user-assisted technical trials, field evaluation trials, staff evaluation, and acceptance trials – before a product is finally inducted. Such a multi-layered trial provision does not necessarily add value; rather, they consume time and money and not necessarily in the best interest of product development.
An empowered JPMT with the responsibility to undertake trial evaluation in its entirety would shorten the process, quicken the developmental pace, and enable India to become Atma Nirbhar in defence technology.
Disclaimer: The facts and opinions expressed in this article are strictly the personal opinions of the author. League of India does not assume any responsibility or liability for the accuracy, completeness, suitability, or validity of any information in this article.
Clinico-Psycho-Social Aspects Of Infertility
Many infertile women in developing countries consider that without children their lives are without hope.
Infertility is a global health issue affecting approximately 8-10% of couples. It is a multi-dimensional problem with social, economic and cultural implication and defined as the inability to achieve pregnancy after one year of unprotected intercourse.
Many infertile women in developing countries consider that without children their lives are without hope. Our culture demands that for a woman to be socially accepted, she should have at least one biological child.
Infertility may arise from genetic abnormalities, infections or environmental agents, delayed childbearing behaviour and certain diseases.
Among them, endometriosis, an estrogen-dependent disorder causes 25-40% infertility in women and occur in a wide range of women from pre-menarche to post-menopause and diagnosis have been made in women ranging from 12-80 years of age. It is defined as the presence of endometrial tissue outside the uterine cavity having multifaceted pathology.
Its pathology involves various factors like genetic predisposition, menstrual and reproductive factors, lifestyle factors such as smoking, exercise and consumption of alcohol and caffeine. About a third of the time, infertility can be traced to the woman.
Primary treatment involves removal or reduction of ectopic endometrial implants, restoration of normal anatomy, and hindrance of disease and alleviation of symptoms.
Besides this, ART (Assisted Reproductive Technology), laparoscopic surgery have been also used for the management of endometriosis.
However, high-tech reproductive technologies have associated psychological and ethical issues that must be addressed by the infertile couple.
Infertility counselling and support services are the well organized psycho-social approach to infertility. Psychosocial issues should be discussed by the physician with the couples in every visit.
Information material about the centre, procedural information, booklets or educational videos should be provided to the couple. Presence at support groups will build up coping abilities.
Psychotherapy and psychosocial counselling are effective in minimizing negative outcome, clarifying life goals, the context for support, advice and guidance will help live more satisfied and resourcefully.
– British Council of Association of Infertility Counseling, 1999
The list of various counselling techniques are:
- diversion by physical and mental activities,
- improve problem-solving skill,
- encourage health defence mechanism,
- suggestions, reinforcement, change of attitude and lifestyle.
If treatment has been unsuccessful, couples are faced with the decision to either continue treatments or make other choices.
The choices include adaptation and, at the other end of the spectrum, choosing to remain sans a child.
All of these options are difficult decisions.
Early intervention and meeting with a specialist, the infertile person will find answers and be able to realize your dream of having a child.
Disclaimer: The facts and opinions expressed in this reader-submitted article are strictly the personal opinions of the authors/doctors. League of India does not assume any responsibility or liability for the accuracy, completeness, suitability, or validity of any information in this health article.
This health/medicine-related article has only been very mildly edited by League of India and is published nearly as received.
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