New Code for Digital Media Seeks to Strike a Balance Between Freedom and Responsibility

Countries around the world have grappled with the issue of regulating content hosted by the internet intermediaries. As the internet allows freedom to anyone to host content without any moderation, intermediaries were allowed protection from liability for third-party content through laws such as section 230 of the Communications Decency Act in the US and the safe harbour provisions in the EU with certain exceptions for illegal content.

Section 79 of the IT Act in India also allowed exemption to the intermediaries for third-party content provided they observed certain due diligence. The content could be removed only based on orders from a court or from an authorised government agency with certain conditions as laid down by the Supreme Court in the 2015 Shreya Singhal vs Union of India case.

This classical interpretation of the role of intermediaries worked satisfactorily for several years as the services they provided were predominantly passive in nature. However, the enormous growth of social media during the last decade with their hundreds of millions of users has made the limitations of this framework starkly evident as they have been unable to check the proliferation of fake news, and other illegal and harmful content on their platforms. The proliferation of fake accounts and bots has only aggravated the problem. Several countries, e.g., Germany, France, Australia and Singapore have enacted legislation to deal with unlawful and harmful content on these platforms.

The new Intermediary Guidelines and Digital Media Ethics Code must be seen in the context of the need to make these platforms more responsible and accountable. These rules specify certain due diligence and institute a mechanism for redressal of grievances. The due diligence includes informing the users about their privacy policy and an agreement not to host any unlawful or harmful content. The rules envisage removal of content only in three situations: voluntary removal due to violation of the privacy policy or user agreement, pursuant to an order by a court or an authorised government agency or based on the grievances received.

The rules also specify some additional due diligence to be observed by ‘significant social media intermediaries’, defined based on the number of registered users (currently specified as 50 lakhs) in India. These include appointment of a Chief Compliance Officer, a nodal contact person, and a Resident Grievance Officer, who should all be residents in India. The intermediary should also have a physical contact address in India. The rules also include providing information about the first originator in India of any unlawful message for the purposes of investigation of specified offences that are punishable with imprisonment of not less than five years. It must be noted that the intermediary is not required to disclose the contents of the message itself.

The Digital Media Ethics Code under these rules create a largely self-regulatory framework for publishers of online news and current affairs and online curated content on Over-the-Top (OTT) platforms. The oversight mechanism of the government comes into play only after the redressal mechanism at the first two levels has failed to address the grievance satisfactorily.

It is relevant to note that the exemptions to the intermediaries under section 79 are still available, provided they observe the due diligence as specified.

Freedom of expression must come with adequate responsibility and accountability. John Stuart Mill, one of the most influential thinkers in classical liberalism, explicitly recognized the ‘harm principle’ while arguing for placing some limitations on free expression. The new rules seek to strike a fine balance between freedom and responsibility in the online world.

(The above article appeared in The Economic Times on March 19, 2021 and is available at: https://economictimes.indiatimes.com/industry/media/entertainment/media/view-new-code-for-digital-media-seeks-to-strike-a-balance-between-freedom-responsibility/articleshow/81593609.cms. The views of the author are personal.)

The COVID-19 Pandemic in India: Comparing Early Phase of Growth with Selected Countries

Source:https://www.webmd.com/lung/news/20200124/coronavirus-2020-outbreak-latest-updates

COVID-19 pandemic has affected the vast majority of nations around the world. However, different countries have experienced different trajectories of growth in coronavirus infections. In India also, the pandemic is showing a growing trajectory currently despite a late start. In this article, I analyze the early phase of growth of the pandemic in selected countries in terms of growth of the total number of cases and total number of deaths with time and examine how they compare with the current phase of growth of the cases in India. Such a comparison might be helpful in understanding the future trends of growth of the pandemic in India and the steps to be taken to contain its spread or ‘flatten’ the curve.

As the coronavirus cases in India have recently crossed 3,000, I take this figure for comparing the early phase of growth in selected countries and compare the number of days taken to reach 3,000 cases from the first 100 cases. I select ten countries for comparison based on the highest number of confirmed cases as on April 4, 2020 (I have excluded China as comparable data on the early phase of growth in that country are not available). For easier comparison, I take five countries each in two groups along with India in each group. In the first set, I examine the early phase of growth in USA, Italy, Spain, Germany and France with that of India to compare the number of days taken for the cases to reach 3,000 from an initial level of 100. This is depicted in the Fig. 1. As can be seen, it has taken 21 days in India for the cases to grow from 100 to 3,000. A significant part of the rise in cases in India has occurred in the last 3-4 days of this period, which has been linked to the Tablighi-Jamaat event in Delhi [1], [2]. However, the time taken in India to reach this level of cases is still much longer when compared to the duration for the same number of cases in the other countries in the group showing that the curve has been much ‘flatter’ in India.

Fig.1: Coronavirus cases in select countries – No. of days taken to grow from 100 to 3000

Source: The author, with data from https://www.worldometers.info/coronavirus/ (accessed on April 4, 2020).

Fig. 2 depicts the same comparison with the other five countries in the group, namely Iran, UK, Turkey, Switzerland and Belgium. Again, we can see that the growth trajectory of the cases has been much steeper in all these countries when compared to the same for India.

Fig.2: Coronavirus cases in select countries – No. of days taken to grow from 100 to 3000

Source: The author, with data from https://www.worldometers.info/coronavirus/ (accessed on April 4, 2020).

Trends in Deaths Due to Coronavirus

It is also helpful to understand the growth trends in deaths occurring in the above countries due to COVID-19. As the number of deaths due to coronavirus in India has crossed 50 recently, I take this figure for comparative analysis of the selected countries for the number of days taken for the deaths to reach 50 starting from the first death. Fig. 3 depicts this trend. As can be observed, France is the only country in this group that has taken more days than India to cross the first 50 deaths. However, the growth rate of deaths has been much steeper in France after this stage.

Fig.3: Deaths due to coronavirus in select countries – No. of days taken to reach first 50 deaths.

Source: The author, with data from https://www.worldometers.info/coronavirus/ (accessed on April 5, 2020).

Fig. 4 below depicts the same comparative picture for the second group of countries comprising Iran, UK, Turkey, Switzerland and Belgium. As we can see, the growth trajectory of the total deaths in all these countries has been significantly steeper than that in India.

Fig.4: Deaths due to coronavirus in select countries – No. of days taken to reach first 50 deaths.

Source: The author, with data from https://www.worldometers.info/coronavirus/ (accessed on April 5, 2020).

As the analysis above shows, at this stage, the growth trajectory of the pandemic in terms of both the total number of cases and the total number of deaths looks significantly flatter in India when compared to the same during the early phases in the above selected countries. It is relevant to note here that I have not examined the impact of the lockdown on the growth of the cases as comparable data on the impact of lockdowns from the above selected countries during the early phase of the pandemic are not available.

References:

https://www.ndtv.com/india-news/coronavirus-tablighi-jamaat-30-per-cent-of-coronavirus-cases-linked-to-delhi-mosque-event-government-2206163 (accessed on April 6, 2020).
https://www.washingtonpost.com/world/asia_pacific/india-coronavirus-tablighi-jamaat-delhi/2020/04/02/abdc5af0-7386-11ea-ad9b-254ec99993bc_story.html (accessed on April 6, 2020).

(The views expressed in this article are personal).

The COVID-19 Pandemic: Are We Still in the Exponential Growth Phase?

Microscopic view of Coronavirus, a pathogen that attacks the respiratory tract (source: https://www.health.harvard.edu/)

The Novel Coronavirus or COVID-19 pandemic is sweeping the world. As on March 31^st, 2020 (end of day, GMT), the total cumulative number of confirmed coronavirus cases worldwide had shot up to 858,355 and the total number of deaths had increased cumulatively to 42,309. The total number of new confirmed cases on a single day on March 31st, 2020 alone was recorded at 73,617. What is the trend of daily new cases worldwide and are there any signs of the growth tapering off? In other words, has the exponential growth phase of the pandemic passed or still continuing? What about the trends in deaths due to coronavirus? In this article, I make an attempt to analyze these trends based on the relevant data for a period of 31 days from March 01, 2020 to March 31, 2020.

First, it is helpful to see how the total confirmed coronavirus cases have increased over the last 30 days (Fig.1). As can be seen, the rising trend in the total number of cases can be clearly observed. The daily new cases are also clearly showing a rising trend during this period.

Fig.1: Coronavirus cases – worldwide.

Source: The author, with data from https://www.worldometers.info/coronavirus/ (accessed on April 1, 2020).

To examine whether the growth in the total number of cases is still continuing at an exponential rate, we turn to another important variable – the growth factor of daily new cases. This factor is the ratio of number of daily new cases over the number of new cases on the previous day. Simply put, this factor indicates the rate at which a given quantity multiplies itself during a specific period. For example, a growth factor of 1.1 in daily new cases would indicate that the number of daily new cases has increased by 10% (by a growth factor of 1.1) over the number of new cases on the previous day. If the growth factor remains consistently above 1.0, that would indicate that the exponential growth phase in total cases is still continuing. On the other hand, a growth factor consistently below 1.0 would indicate a decline in daily new cases with the daily new cases eventually becoming zero. In such a scenario, the cumulative total number of cases would eventually stop growing.

Fig. 2 indicates the trend in growth factor of daily new coronavirus cases worldwide. As can be seen, during March 2020, only on 7 days (out of 31), the daily growth factor has remained below 1.0. On 24 days, the growth factor has stayed above 1.0. In the last ten days of this period, the daily growth factor has remained above 1.0 on eight days. This would indicate that the exponential growth in the total number of cases worldwide may still be continuing.

Fig.2: Growth Factor of Daily New Coronavirus Cases – Worldwide.

Source: The author, with data from https://www.worldometers.info/coronavirus/ (accessed on April 1, 2020).

Trends in Deaths Due to Coronavirus

It is also helpful to understand the trends in deaths occurring worldwide due to COVID-19. Fig. 3 depicts this trend during March 2020. As can be seen, the total cumulative deaths due to coronavirus are still increasing and the daily new deaths also exhibit a rising trend.

Fig.3: Deaths Due to Coronavirus – Worldwide.

Source: The author, with data from https://www.worldometers.info/coronavirus/ (accessed on April 1, 2020).

To examine whether the growth in total deaths due to coronavirus is tapering off or still rising exponentially, we turn to the growth factor in daily new deaths. This is depicted in Fig. 4 below. Again, we can see that this growth factor has remained below 1.0 only on 7 days during March 2020 whereas on the remaining days, it has shown a value above 1.0. During the last ten days of the month, this factor has remained above 1.0 on nine days. Hence, the exponential growth phase in total deaths worldwide due to coronavirus may still be continuing.

Fig.4: Growth Factor of Daily New Deaths – Worldwide.

Source: The author, with data from https://www.worldometers.info/coronavirus/ (accessed on April 1, 2020).

In conclusion, as the above analysis shows, we can say that the growth in both the total number of confirmed cases and total deaths worldwide due to coronavirus may still be continuing in the exponential phase. Countries around the world have been taking massive efforts to minimize the surging infections and deaths due to this pandemic. These efforts need to be increased and carefully calibrated to deal with the massive challenge on hand.

(The views expressed in this article are personal).

The Indian Pharmaceutical Industry: The Next Star On The Horizon

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In the post-liberalization era, the IT sector has been the star performer in the Indian economic growth story in popular perception. The success of the pharmaceutical industry in India during the same period is not so well known, though it has also experienced rapid growth at a CAGR of around 12-15% consistently. The sector was valued at over US $37 billion in 2018. Pharma exports from India reached over US $19 billion in 2018-19 with over 20% of the global exports in generics coming from India. India supplies over 50% of the global demand for all vaccines and over 40% of all generics in the US.

The Indian pharma sector currently accounts for about 10% of the global pharma industry in terms of volume and around 2.5% in terms of value. It is now ranked the third largest worldwide in volume terms and the 13^thlargest in terms of value. It is projected to grow to over US$50 billion by 2020. Under the ‘Pharma Vision 2020’, the government is committed to make India as the world’s leading destination for end-to-end drug discovery and innovation by 2020. How can this vision be achieved?

There are several factors already present that are working to India’s advantage in the pharma sector. These include its ability to produce high quality medicines at comparatively cheaper costs and increasing private sector investments in R&D. Indian pharma companies are now investing around 8.5% of their sales on R&D. India also allows 100% FDI in the pharma sector under the automatic route. With increasing penetration of health insurance and improving drug affordability due to rising economic prosperity, India is well placed for a major expansion in this sector. However, to become the world leader in drug discovery and innovation, several key initiatives by the government and the industry need to be put in place.

Today, India primarily produces branded generics and has limited capabilities in R&D, new drug development and innovation. As India has already introduced product patents, the Indian pharma companies need to increase their expenditure on R&D significantly to develop new drugs and boost sales.

Secondly, Indian companies also need to focus on diversifying exports beyond generics to gain market share and increase value addition. Currently, the Indian firms mostly focus on conventional tablets and capsules with very little presence in non-conventional dosage forms, advanced formulations and biotech-based medicines. This again requires higher focus on R&D and innovation. The Indian firms also need to expand their presence in new markets, notably in Latin America, Russia and Eastern Europe.

Thirdly, joint ventures with multinational companies can help in improving R&D and new drug discovery. The total cumulative FDI in the pharma sector stood at around US$ 16 billion during April 2000 to March 2019. There is good scope for attracting more FDI in this sector if there is greater focus on R&D and innovation. Expansion by Indian firms through acquisitions in overseas markets can also help in improving efficiencies and gaining market share.

India already has the key growth drivers in place for the pharma sector, both on the demand and the supply sides. On the demand side, rising incomes are improving the affordability of drugs and increasing penetration of insurance is helping in improving access to quality healthcare services. The PM Jan Aarogya Yojana is helping to expand the coverage of health insurance to a much wider section of the population including in the rural areas. The overall government expenditure on health has shown a CAGR of over 12% during the last seven years leading to a significant rise in healthcare services. On the supply side, India is already a major global hub for manufacturing of generics with over 22% of all the USFDA approved plants worldwide. India enjoys a significant cost advantage and the availability of skilled manpower would fuel further growth in this sector. About 120 drugs are expected to go off-patent during the next ten years with estimated US$80-250 billion revenue worldwide, which presents a big opportunity to the Indian firms.

To boost the growth of the pharma sector further, several policy measures need to be taken. These include reduction in time required for approval of new manufacturing facilities and NOC for export licenses, single window clearance mechanism for drug approvals, and support for technology upgradation. The recent move by the government to set up mega pharmaceutical parks would help in reducing dependence on imports of APIs or bulk drugs. The National Biopharma Mission is expected to support the development of biopharmaceuticals and new drug development in India. India already enjoys several advantages in the pharmaceutical sector due to its low cost of production, availability of skilled human resources and world-class manufacturing facilities. However, it needs to significantly boost R&D and innovation and focus on new drug discovery. If appropriate initiatives by the government and the industry are taken to develop the sector further, it can certainly become the next star on the horizon and make India the world leader in pharmaceuticals.

Source of the image: https://www.europeanpharmaceuticalreview.com/news/65288/indias-pharmaceutical-100bn/

The Seven Pagodas: An Ancient Abode Of The Gods Called Mamallapuram

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Mamallapuram is in the news globally due to the impending summit of the Indian Prime Minister with the Chinese premier during October 11-12, 2019. Situated on the east coast around 60 kilometres south of Chennai, this ancient town has a rich history dating back to the 1^st century BC. Declared as a UNESCO World Heritage Site, the town is a major tourist attraction in the state of Tamil Nadu in India.

Mamallapuram was a major seaport during the first millennium CE and the region thrived during the reign of the Pallavas. It was founded by the Pallava king Narasimhavarman I during the 7^th century AD. The name of the town itself is perhaps derived from “Mamallan”, meaning a great warrior, a reference to Narasimhavarman I. It was ruled by the Pallava kings from Kanchipuram, the capital of their kingdom, from the 3^rd to the 9^th centuries AD. They used the port as a major trading centre with Sri Lanka and South-East Asia. The port was also an active hub of global trade during this period as Chinese and Roman coins from the 4^th century AD have been found at this place.

The town was also known by several other names during ancient times, such as Mamallapatinam and Mahabalipuram. The ancient town had seven pagodas on the shore, of which only one, known as the Shore Temple, now survives. Due to these seven pagodas, the town was also known as The Seven Pagodas to the ancient mariners.

The temples at Mamallapuram depict events mainly from the Indian epic Mahabharata and were built largely during the reign of Narasimhavarman and his successor Rajasimhavarman. There are 32 monuments in the town spread over an area of around four square kilometres. The major monuments include rathas or temples in the form of chariots, mandapas or cave sanctuaries, massive open-air rock reliefs such as the Descent of the Ganges, and the famous 7^th century Shore Temple dedicated mainly to Lord Shiva and Lord Vishnu.

The Chinese Connection

Mamallapuram also has a significant historical connection with China. The port was a major trading hub with China, Sri Lanka and South-East Asian countries. The Chinese traveller Hiuen Tsang is said to have visited the town. It is also believed that Bodhidharma, a famous Buddhist Monk in China, was a son of a Pallava king who travelled to China from Mamallapuram in the 6^th century AD.

With its rich history and historical connections with China, Mamallapuram is the most appropriate place for a historic summit between the leaders of the two most populous nations and emerging superpowers in the world.

Source of the Photograph: http://www.traveltriangle.com

(The author is a senior IAS officer in Tamil Nadu and is currently working as the Principal Secretary, MSME Department. The views are personal).