By Nimisha Nagpal and Rhia Pandey
Introduction
The pandemic has brought many things to the forefront, one of them being the unquestionable ease that the internet has added to our lives. Without it, many would not only find it increasingly difficult to pass the days, but also struggle with continuing their education, or earning a livelihood while stuck at home. However, when one looks at India, one finds that a considerable fraction of the population has not been able to avail of the internet’s benefits.[1] While the primary cause for this might appear to be a general lack of access to the internet (and it undeniably is a significant reason behind it), another notable cause for concern is a dearth of digital literacy in the country.
This particular facet of the many hurdles that currently obstruct meaningful digital rights in India is what this article seeks to examine, and comment on. The first section attempts to analyse the concept of digital literacy, and identify how a lack of it creates problems for the multiple strata of society, thus emphasizing the urgent need for it in India. The subsequent part, acknowledging that digital rights now form a recognized aspect of our jurisprudence, points out how these problems impede our fundamental right to the internet. It thus, inspects the multiple dimensions of digital literacy through a legal sense in the Indian context, reiterating the need for an equal distribution of sound digital literacy to enable the digital access guaranteed as a right.
What is Digital Literacy?
Digital literacy, by itself, is an area of skill that is crucial to the efficacy of one’s navigation of the internet – it may well be defined as the cognitive and technical prowess that is generally required to effectively use information and communication technologies on the internet.[2] The availability of the tools required to achieve digital literacy, as hinted above, rests largely on the infrastructure, education, and the social and economic backdrop in general that one has access to.
In India, these resources aren’t easy to come by for a large section of the population,[3] resulting in severe digital divides. Owing to the fundamental way in which digital literacy has shaped one’s daily life, these divides have an impact that deeply restricts the mobility and the standard of life available to those affected by a lack of digital literacy.[4]
The Digital Divide
The internet has been a supremely useful tool with regards to obtaining information by making it accessible to a large pool of consumers. However, what happens when the majority of the digitally literate section is solely restricted to certain privileged classes? In that case, the accessible nature of the internet actually backfires, exacerbating an already glaring socio-economic divide. Most information and communication technology applications that exist to facilitate a higher quality of life for their consumers are dependent on the notion that their consumers will have a rudimentary idea regarding digital literacy. Someone who has struggled with accessing those same applications due to a lack of digital literacy, let alone with using them, is automatically robbed of a lot of options.
This problem is reflected differently across different political and personal identities; in several countries, women are less likely than men to have the ability to use the internet.[5] In a country, as ridden with social and income inequality as India is, financial inclusion is severely impacted due to only a fraction of the population being able to use the technological applications that facilitate the online transfer of money.[6] Digital literacy also has a direct correlation with privacy concerns; in present circumstances, even the digitally literate find protecting their privacy online a worrying task.[7] The privacy of those who aren’t digitally literate, but exist in online spaces, thus stands at great risk.[8] Social networking sites (such as Facebook) are known to have dabbled in obtaining personalised data and prioritising over consumers’ privacy the usage of said data for profit.[9] It naturally follows that those with a higher knowledge of digital literacy stand a better chance of bypassing these concerns. They have the ability to do so by exercising rigorous information control online better than those without digital literacy. Without such ability, the digitally literate also suffer from a loss of personal agency with regards to the protection of personal data.
The urgent need for digital literacy has been further highlighted with the advent of the pandemic; the necessitated social distancing has made it difficult for one to not rely on the internet (and thus, to a large extent, on digital literacy) for the fulfilment of one’s fundamental needs. Online learning has proved to be almost unattainable for those who have not been familiarised with the internet,[10] leading to a scenario wherein a large section of Indian society has found education completely inaccessible since coronavirus struck.[11]
These issues constitute only a part of the plethora of problems, as explained below, that arise due to a lack of digital literacy, considering the many ways in which the internet has proved itself to be all but essential and the volume of the Indian populace currently left without the tools to navigate it. The country’s digital divide (due to a lack of digital literacy) is a glaring anomaly that obstructs the progress that India recently attempted to make in recognition of digital rights.
The Realm of Digital Rights
In 2020, the Supreme Court of India declared access to the internet a fundamental right.[12] Legally recognising that social and digital media now form an essential aspect of our freedom of speech and expression acknowledges the digital rights space and imposes a higher threshold of responsibility on the State to ensure its operation. It also implies that the internet has transcended our lives to become personal technology. Additionally, viewing the use of the internet in a broader perspective, i.e. as a means for social and political participation, has given rise to the idea of ‘digital citizenship’, which is widely accepted as the engagement of community and democracy online.[13]
However, these theoretical strides in the digital world are not complemented by practical steps taken to enable the operation of this right. While acknowledging that this conversation in the context of digital access is vital, this article shifts the focus of digital rights to another key aspect of digital access – digital literacy.
It is argued that digital literacy forms one of the building blocks for the complete realisation of our fundamental right to the internet. This is proven by establishing the bridge that digital literacy creates for individuals and then analysing it in the legal context.
In the present context, reference is made to the three main areas of competency in digital literacy – use, understand and create.[14]
- Use
Use is having technological know-how and being able to smoothly operate digital spaces such as web browsers, emails, social media on a basic level to more complex resources such as databases, online banking and more.[15]
To promote the use and skills required for digital navigation, the Government of India launched the Pradhan Mantri Gramin Digital Saksharta Abhiyan (PMGDISHA).[16] This initiative aims to provide the necessary digital skills to persons in rural areas to reduce the digital divide. Studies indicate that the initiative has been highly effective and aided rural development.[17]
- Understand
Understanding the digital space is one of the most important parts of digital literacy. It involves comprehending the digital space, assessing its impact on our perceptions and analysing media to make informed decisions online.[18]
In our daily lives, a number of facets require a complete understanding of digital space and our rights within it, from identifying fake news on Whatsapp to agreeing to terms and privacy policies for websites and apps. However, what most people are not cognisant of are the consequences of not contextualising and critically understanding digital spaces. This can be demonstrated in some examples.
First, the lack of digital literacy is extremely detrimental in a world that is almost completely online as a result of the pandemic. Understanding digital platforms is not only learning their operation but also knowing appropriate online behavior, using critical thinking skills and having correct information management.[19] As established previously, such skills are distributed disproportionately based on the intersections one belongs to.
Second, an incomplete understanding of digital or media platforms is harmful to online safety. One form of this manifests itself in cyberbullying, online stalking, divulgence of sensitive information such as sexual images.[20] This impacts women and non-cis person in a disparate manner as they are more likely to face harassment online.[21]
Another form of online safety is affected by the capacity of individuals to interact online. Being digitally illiterate disables people from understanding the consequences of their actions online. For example, a number of cases illustrate the way in which banking and OTP frauds lead people to lose a large amount of money since they lacked an active understanding of online banking.[22] As a minor is incapacitated from participating in a contract because they often do not hold the necessary understanding and knowledge required to contract,[23] a person engaging in an online activity without complete awareness of and grasp on digital rights and information is incapable of making informed decisions.
The third is the peak of dangerous and illiterate digital activity. In 2018 there were various reports of mob lynching that were set in motion as a result of fake rumours on Whatsapp.[24] ‘Whatsapp Vigilantes’[25] who carried out these acts lacked a critical understanding of the media and struggled to identify the real meaning behind a Whatsapp text. Similarly, numerous other instances of violence have been linked to platforms such as Facebook and Tik Tok.[26]
For almost all the above-listed instances, legal recourse exists. With the increase in digital presence, India has upgraded its cyber laws and equipped them to tackle online harassment, violence and other forms of cybercrime.[27] Similarly, provisions exist for online theft and courts have revoked any coerced consent obtained due to unfair or unequal online transactions.[28] However, such legal measures are retrospective in effect.
Another alternative relied on by the State are regulations which establish control and may limit online activity. Their excessive use may corrupt digital rights and freedom of expression. However, the fanatical use of regulations would be largely diminished if online users were furnished with the tools to self-regulate, i.e. critical digital literacy.[29]
For instance, in Shreya Singhal v. Union of India, to justify the limitations on free speech, the State argues that there is something ‘different’ about the internet as a medium since it is easy to use one does not need specialised knowledge to use it.[30] However, if the basis for a regulation curbing free speech is the lack of ethics and literacy in a digital space, the solution should be an increase in literacy and not an increase in regulation.
This implies that the State machinery and resources should be used to equip people with digital knowledge and etiquette instead of imposing regulations which may be detrimental to freedom of speech and digital rights in general. This also suggests that regulations must not be eliminated but balanced with goals of digital literacy. Such steps will improve the quantity and quality of digital use and interactions and ensure that online mishaps are reduced. Developing an intelligent audience would be more successful for the ever increasing online space as opposed to governing them with stricter laws and regulations.
- Create
Creating in digital spaces means having the ability to take comprehension of information one step forward and shaping content, putting out information and using digital tools as communication.[31] It includes creating data, images, videos, discussion forums, blogs, engaging in social gaming or any other form of social media. In a political and democratic context, creating transforms a digital consumer into a digital citizen.[32]
When digital access is guaranteed as a right, digital literacy forms an inherent part of such a right since, without the knowledge of the operation, the right of access would become redundant. The lack of digital literacy frustrates the fundamental right to the internet because it takes away the ability of individuals to exercise that right. It is thus essential to focus on digital awareness and education.
Conclusion
The declaration of access to the internet as a fundamental right does not inevitably enable the operation of such a right for individuals across India. This would be the equivalent of declaring the right to education as fundamental but not building schools to facilitate the same. While the consequence of such a declaration may impose a negative connotation to restrain governments from curbing the right to the internet, it also creates the positive obligation of ensuring that every digital user has the right to access the internet effectively and is capable of using the required skills and practices. Every citizen’s potential must go beyond the mere use of digital platforms, with the bare minimum of at least understanding digital platforms. This gap can be dissolved by the employment of digital literacy and not regulation or retrospective legal effect.
The authors, Nimisha Nagpal and Rhia Pandey, are currently law students at the West Bengal National University of Juridical Sciences (NUJS), Kolkata.
[1] Huizhong Wu, ‘900 million Indians can’t get online. Here’s why.’ (2016) CNN Business < https://money.cnn.com/2016/03/09/technology/india-internet-access/index.html> accessed on 23rd February 2021
[2] ‘Digital Literacy’ (American Library Archives, 2021) < https://literacy.ala.org/digital-literacy/> accessed on 23rd February 2021
[3] Huizhong Wu, ‘900 million Indians can’t get online. Here’s why.’ (2016) CNN Business < https://money.cnn.com/2016/03/09/technology/india-internet-access/index.html> accessed on 23rd February 2021
[4] Amy Bach, Gwen Shaffer, Todd Wolfson, ‘Digital Human Capital: Developing a Framework for Understanding the Economic Impact of Digital Exclusion in Low-Income Communities’ (2013) 3 Journal of Information Policy, 247 < https://ezproxy.nujs.ac.in:2056/stable/pdf/10.5325/jinfopoli.3.2013.0247.pdf?ab_segments=0%252Fbasic_search_gsv2%252Fcontrol&refreqid=excelsior%3A19429d3e00e6920749843e3fd9c90418> accessed on 23rd February 2021
[5] Amy Antonio, David Tuffley, ‘Digital Literacy In The Developing World: A Gender Gap’ (2014) The Conversation, 1 < https://eprints.usq.edu.au/27633/> accessed on 23rd February 2021
[6] Saksham Khosla, ‘India is far away from being a cashless economy. Here’s why’ (2016) The Hindustan Times < https://www.hindustantimes.com/analysis/india-is-far-away-from-being-a-cashless-economy-here-s-why/story-ybFui5M53JPFyD1MGvHigJ_amp.html%20-%2010> accessed on 23rd February, 2021
[7] Hemani Sheth, ‘Most of Indian internet users hesitant to handle certain apps on privacy concerns: OLX study’ (2021) The Hindu Business Line < https://www.thehindubusinessline.com/info-tech/most-of-indian-internet-users-hesitant-to-handle-certain-apps-on-privacy-concerns-olx-study/article33790333.ece> accessed on 23rd February 2021
[8] Yong Jin Park, ‘Digital Literacy and Privacy Behavior Online’ (2011) 40(2) Communication Research, 215 < https://sci-hub.do/10.1177/0093650211418338> accessed on 23rd February 2021
[9] ‘267 million Facebook users’ data leaked with IDs and phone numbers: Report’ (2019) The Indian Express < https://indianexpress.com/article/technology/social/267-million-facebook-users-data-leaked-with-ids-and-phone-numbers-report-6176524/> accessed on 23rd February 2021
[10] Bheemeshwar Reddy A, Sunny Jose, R Vaidehi, ‘Of Access And Inclusivity: Digital Divide In Online Education’ (2020) 55(36) Economic & Political Weekly < https://www.epw.in/journal/2020/36/commentary/access-and-inclusivity.html> accessed on 23rd February 2021
[11] Bheemeshwar Reddy A, Sunny Jose, R Vaidehi, ‘Of Access And Inclusivity: Digital Divide In Online Education’ (2020) 55(36) Economic & Political Weekly < https://www.epw.in/journal/2020/36/commentary/access-and-inclusivity.html> accessed on 23rd February 2021
[12] ‘Access to Internet is a fundamental right, rules Supreme Court’ (2020) The Hindu Business Line <https://www.thehindubusinessline.com/news/right-to-access-internet-is-a-fundamental-right-rules-supreme-court/article30531490.ece> accessed 11 March 2021
[13] Matthew Johnson, Digital Literacy and Digital Citizenship: Approaches to Girls’ Online Experiences in eGirls, eCitizens (Jane Bailey and Valerie Steeves eds, University of Ottawa Press 2015)
[14] ibid
[15] ibid
[16] Pradhan Mantri Gramin Digital Saksharta Abhiyan (PMGDISHA), Ministry of Electronics and Information Technology, Government of India <https://www.pmgdisha.in> accessed 23 February 2021
[17] V. Vimala Vishwanath Achari, ‘Pradhan Mantri Gramin Digtial Saksharta Abhiyan (PMGDISHA) and Rural
Development in Association with the Poverty Line and Digital Literacy Rate’ (2020) Multidisciplinary UGC Care Journal 58 <https://www.researchgate.net/publication/344362411_Pradhan_Mantri_Gramin_Digtial_Saksharta_Abhiyan_PMGDISHA_and_Rural_Development_in_Association_with_the_Poverty_Line_and_Digital_Literacy_Rate> accessed 23 February 2021
[18] Johnson (n 11)
[19] Chun Meng Tang et al., ‘Digital Literacy: A Prerequisite for Effective Learning in a Blended Learning Environment?’ (2016) 14(1) The Electronic Journal of e‐Learning 54 <https://files.eric.ed.gov/fulltext/EJ1099109.pdf> accessed 23 February 2021
[20] Jessica Ringrose et al., ‘Qualitative Study of Children, Young People and “Sexting”: A Report Pre- pared for the NSPCC’ (London: NSPCC, 2012), <https://www.researchgate.net/publication/265741962_A_qualitative_study_of_children_young_people_and_’sexting’_a_report_prepared_for_the_NSPCC> accessed 23 February 2021; Christine Suniti Bhat et al., ‘Addressing Cyberbullying as a Media Literacy Issue’ (2010) 58(3) New Horizons in Education 34 <https://files.eric.ed.gov/fulltext/EJ966658.pdf> accessed 23 February 2021
[21] Anastasia Powell et al., ‘Digital harassment and abuse: Experiences of sexuality and gender minority adults’ (2018) 17(2) European Journal of Criminology 199 <https://journals.sagepub.com/doi/full/10.1177/1477370818788006. Accessed 23 February 2021
[22] K Srinivasa Rao, ‘Digital banking: Imparting comprehensive digital literacy is crucial in changing times’ (Financial Express, 25 October 2018) <https://www.financialexpress.com/opinion/digital-banking-imparting-comprehensive-digital-literacy-is-crucial-in-changing-times/1360363/> accessed 23 February 2021
[23] Indian Contract Act 1872, Section 11
[24] Shakuntala Banaji, ‘WhatsApp Vigilantes: An exploration of citizen reception and circulation of WhatsApp
misinformation linked to mob violence in India’ (2019) The London School of Economics and Political Science 7 <https://www.lse.ac.uk/media-and-communications/assets/documents/research/projects/WhatsApp-Misinformation-Report.pdf> accessed 23 February 2021
[25] ibid
[26] ibid 8
[27] Indian Penal Code, Section 292, 403-405, 417-420; Information Technology (Amendment) Act 2008, Section 43, 66, 67; Prevention of Money Laundering Act, 2002; Prize Chits & Money Circulation Schemes (Banning Act, 1978)
[28] Amway India Enterprises Pvt. Ltd & Ors v. 1MG Technologies Pvt. Ltd & Ors [2019] SCC 9061
[29] Ben Medeiros and Pawan Singh, ‘Addressing Misinformation on Whatsapp in India Through Intermediary Liability Policy, Platform Design Modification, and Media Literacy’ (2020) 10 Journal of Information Policy <https://www.jstor.org/stable/10.5325/jinfopoli.10.2020.0276.> Accessed 23 February 2021
[30] Shreya Singhal v. Union of India (2013) 12 S.C.C. 73
[31] Johnson (n 11)
[32] Johnson (n 11)
The Journal of Indian Law and Society 