It is 12 noon on 29th January 2012
What innovative approaches are available for a society that is struggling to decide the boundaries of free speech – if indeed there need to be such boundaries at all, what can define and demarcate the fine line that runs between the need for unfettered rights to expressions of opinions or criticisms and the need to protect orthodox ideologies from being corrupted through apparently-blasphemic viewpoints? This is something that has been exercising my mind, as I hear debates in the mainstream media whether it is on regulation of content on the internet and the reactions by Google and Twitter, or the bungling by various Indian organisations in the Salman Rushdie – Jaipur Literary Festival affair.
My exasperation stems from the realisation that such debates do not go beyond predictable stand-offs, and there is a hiatus in the debates until the next round of debates are triggered by a new round of events that trigger the same controversies. Why are we not able to engage various stakeholders to commit themselves to piloting new approaches to manage such controversies?
For instance, is there a way by which the provisions of a public interest litigation (PIL) or class-action suit can be used by any aggrieved party to use the judicial process to effect a temporary stay-order in further publication of the controversial work (or the reverse case of lifting a ban), and a process of arbitration is set in process with a time-frame of say 3 months for all parties to settle the matter, beyond which the court may give its verdict on continuing with the ban or lifting it. The PIL process may ensure that frivolous petitions and any material losses to either party are appropriately compensated through appropriate court deposits.
Another approach could be to encourage debates on controversial content with a twist – that the debaters need to be from the same homologous community. This will ensure that the debates are not on predictable lines of stand-offs between well-entrenched positions from opposite camps (say majority community versus minority community) but from different viewpoints from the same community. This will probably also ensure acceptability of solutions can be thrown up in such debates.
Isn’t it time we tried these or other new and innovative approaches to controversies in publishing and distribution of content?
Hope you are having a nice weekend and that the first month of 2012 has been great for you.