Internet Rules: Unboxing Digital Laws in South Asia, 2020

Internet Rules workshop is an opportunity for those working on issues relating to ICT laws in South Asia to understand fundamentals of legal methodology, research and advocacy and get a sense more specifically of the ICT laws ecosystem. The workshop will also explore cross jurisdictional analysis of laws and jurisprudence in the region.

Workshop Overview

Agenda
Sessions’ briefer for participants
Zoom link to workshop and instructions to use zoom

Workshop Sessions

Session 1: Introduction to law & jurisprudence
Session 2: Introduction to ICT law ecosystem
Session 3: Access, telecom policy and network shutdowns
Session 4: Privacy, surveillance and data protection
Session 5: Freedom of Expression
Session 6: Content moderation and intermediary liability
Session 7: Gender and vulnerable groups
Session 8: Emerging Issues
Session 9: Researching on digital rights
Session 10: Advocacy and communication

Practicum for participants

Instructions
Option 1: Analysis of a judgment
Option 2: Reflection on a law or judgment
Option 3: Analysis of a law or draft law
Option 4: Comparative analysis

Workshop policies & governing rules

Code of conduct and principles of participation

Resource persons' profiles

Introduction to law & jurisprudence
Introduction to ICT law ecosystem
Access, telecom policy and network shutdowns
Privacy, state surveillance and data protection
Freedom of expression
Content moderation and intermediary liability
Gender and vulnerable groups
Emerging Issues
Researching on digital rights
Advocacy and communication

Workshop playlists

Workshop Overview

Agenda

Please check the UTC Time Converter to know the time of the sessions in your local time zone!

Workshop Overview

Sessions’ briefer for participants

Workshop Overview

Zoom link to workshop and instructions to use zoom

Our Zoom space

Our workshop will take place at: https://apc-org.zoom.us/j/84053613176

Tips for participation in Zoom sessions

Update your Zoom client to the latest version. The zoom app takes 5 minutes to install, so please set it up before the sessions.
Please join the sessions before they start (we have 60 minutes for that), so we can assist you if you experience any issue.
Please use your real name or nickname, so we can know who you are and let you in. You can change your name after you have joined.
Please use headphones with microphone rather blue-tooth headphones where possible.
Please mute your microphone when entering a session and unmute only when you want to speak.
If you need a break during the sessions, take it.

How to use zoom

Join the workshop session by opening the link https://apc-org.zoom.us/j/84053613176 in your browser, a client or an app. You will be redirected to the correct zoom room with the waiting room. When the host will adds you to the meeting you will be able to see the main screen.

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Workshop Sessions

Session 1: Introduction to law & jurisprudence

23 November, 2020; 5:30 - 7:30 AM UTC

In this session, participants should aim to uncover debates around the nature of law, be able to distinguish between legal systems and institutions, appreciate core constitutional doctrines and synthesize various sources of law. This session will also help participants understand the analysis of legal provisions and jurisprudence with the help of tools, databases and methods to access them.

Reference Materials

*Tables are hyperlinked, please click the text to access

Table 1: Overall lay of legal structures

Table 2: Constitutional guarantees

Reading Materials

Suggested readings:

Additional readings:

Session Presentation

Session Summary

Cyrilla Database (Digital rights legal resources)

Workshop Sessions

Session 2: Introduction to ICT law ecosystem

23 November, 2020; 8:30 - 10:30 AM UTC

The objective of this unit is to summarise regulations, including legislation and policies as applicable, used to govern different aspects of the internet and online experience. Participants will leave the session with an appreciation of the framework within which ICT laws are created, and the powers and processes that create them. They will also have a broad understanding of the common opportunities and challenges across sectors and countries as a result of these regulations.

Reference Materials

*Tables are hyperlinked, please click the text to access

Reading Materials

Suggested readings:

Additional readings on Artificial Intelligence:

Session Summary

Workshop Sessions

Session 3: Access, telecom policy and network shutdowns

24 November, 2020; 5:30 - 7:30 AM UTC

The first part of this unit is designed to help understand meaningful access and the regulatory framework, including laws and policies, that enable access to the internet or connectivity. Participants will be exposed to international discussions and jurisprudence from the region that recognise the significance of access. The second part of the unit will focus on the unique problem of network shutdowns and its consequences. Participants will be familiarised with laws and regulations used to impose government-mandated disruptions of internet access. This part of the session will provide participants with a factual primer on network shutdowns to appreciate the legal challenges and evolving jurisprudence on the issue.

Reference Materials

* Tables are hyperlinked, please click on the text to access

Table 5: International human rights law landscape

Reading Materials

Suggested readings:

Additional readings:

Presentation by Shyam Ponappa

Presentation by Umer Gilani

Session Summary

Workshop Sessions

Session 4: Privacy, surveillance and data protection

24 November, 2020; 8:30 - 10:30 AM UTC

This unit will identify the different facets of an individual’s privacy that are impacted in the digital age and map regulations that are intended to protect those rights. It will examine the impact of emerging technologies on decisional privacy by analysing the different forms of surveillance currently deployed in society and the legal frameworks enabling them. Since the increasing use of personal data in the ICT space warrants a closer look at the data protection legislations, we will look at the current level of protection offered by legislations and examine if they have been adapted to address the informational privacy harms arising out of the technological changes.

Reference Materials

* Tables are hyperlinked, please click on the text to access

Reading Materials

Suggested readings:

Additional readings:

Presentation by Gautam Bhatia

Session Summary

Workshop Sessions

Session 5: Freedom of Expression

25 November, 2020; 5:30 - 7:30 AM UTC

This unit seeks to familiarize participants with the different laws protecting freedom of speech and expression across South Asia, and the restrictions on freedom of expression that are common in these legal systems. Particular attention will be provided to laws addressing hate speech, sedition, blasphemy and defamation in online spaces. The session will also look at the brief history of these laws and restrictions, and how they surface both off-line and on-line in contemporary times.

Reference Materials

* Tables are hyperlinked, please click on the text to access

Reading Materials

Suggested readings:

Additional readings:

Session Presentation

Session Summary

Workshop Sessions

Session 6: Content moderation and intermediary liability

25 November, 2020; 8:30 - 10:30 AM UTC

This session will uncover the approach taken by countries in the region to content moderation and intermediary liability covering regulatory tools used by governments, jurisprudence laid down by courts, and concerns identified by scholars. The core objective of this session is for participants to unpack how individual rights and public interest are dealt with by platforms under the law with a specific focus on hate speech and gender related content.

Reference Materials

* Tables are hyperlinked, please click on the text to access

Reading Materials

Suggested Readings:

Additional Readings:

Session Presentation

Session Summary

Workshop Sessions

Session 7: Gender and vulnerable groups

26 November, 2020; 5:30 - 7:30 AM UTC

This unit is designed to get participants familiar with special provisions that protect gender and vulnerable groups in the ICT spaces, how these provisions may be used to target their agency and to get participants to understand how a feminist and rights perspective could be used in the process of legal analysis. It will adopt a feminist lens to critique legal systems and jurisprudence that govern technology, while also discussing provisions that are designed to protect vulnerable groups from negative impact. The experiences of vulnerable groups as they adopt and resist technology and data systems will be highlighted. The session will also discuss the role of marginalised groups in policy making, including reimagining technology law and policy through feminist principles as they are mobilised to create alternative feminist realities.

Reference Materials

* Tables are hyperlinked, please click on the text to access

Reading Materials

Suggested readings:

Additional reading:

Session Summary

Workshop Sessions

Session 8: Emerging Issues

26 November, 2020; 8:30 - 10:30 AM UTC

In this unit, we will have a free flowing discussion among experts from the region commenting on nationalist laws and policies that are inherently political with a variety of stakeholders attempting to find favour with decision-makers in each country. The objective of this panel is to focus the debate away from the oft-referenced framework of the US-China trade war and hone in on developments in South Asia and the legal trends and political economy of this region. It will feature leading legal experts from countries across South Asia to capture a broad range of insights and perspectives.

Additional Readings:

Session Summary

Workshop Sessions

Session 9: Researching on digital rights

27 November, 2020; 5:30 - 7:30 AM UTC

This unit will seek to help participants unearth practices for developing a research process by addressing key issues around developing research questions, methods and ethical practices. The session will also provide an overview on collecting data and engaging in developing a narrative in the research. This will be followed by a break-out session where participants will hear from the developers of two key researches on policies from the region discussing the process and challenges they faced.

Reference Materials

* Tables are hyperlinked, please click on the text to access

Reading Materials

Suggested readings:

Additional readings:

Session Presentation

Session Summary

Workshop Sessions

Session 10: Advocacy and communication

27 November, 2020; 8:30 - 10:30 AM UTC

This unit will start with an overview of the different kinds of advocacy initiatives that groups have undertaken to effect changes in both enacted ICT laws and draft laws. Discussions will include addressing stakeholders and developing documents for the initiatives. Strategies for public campaigning and key considerations for engaging in strategic litigation will be shared. This will be followed by two breakout groups. One group will specifically look at how advocacy around the Prevention of Electronic Crimes Act in Pakistan evolved over different stages of the law. The other group will look at the value of engaging in international advocacy, specifically with the mechanisms of the United Nations, and will seek to provide practical directions on effectively working with them to address national developments.

Reference Materials

* Tables are hyperlinked, please click on the text to access

Reading Materials

Suggested readings:

Additional readings:

Session Summary

Practicum for participants

Instructions

- - Choose one from the four options provided
  - While page limits have been suggested, they are not mandatory. We advise you to try and stick to the page limit to help yourself and the team with managing the task.
  - During the workshop, you would be introduced to the other participants who have chosen the same practicum exercise as you. You can self organise on a medium that the group is comfortable with to seek support and discuss the exercise.
  - All submissions should be emailed to challenge@apc.org with the subject line Internet Rules Practicum: (Option) (Name).
  - Please send us your submissions no later than 4 December 2020.

Practicum for participants

Option 1: Analysis of a judgment

Develop a 2-3 page analysis of a judgment in the following format:

- - Country
  - Court
  - Title of case
  - Citation or link to judgment
  - Facts of the case
  - Main arguments from the lawyers
  - Decision of the court
  - Observations of the court

Practicum for participants

Option 2: Reflection on a law or judgment

Develop a 2 page article which captures your reflections, based on your field of work, on a law or judgment relating to ICTs. This could cover what the law or judgment is about with a significant focus on your concerns or appreciation for the document.

Practicum for participants

Option 3: Analysis of a law or draft law

Develop a 2 page analysis of a law/draft in your country with a focus on a maximum of three provisions in the law/draft. Incorporate the following headings:

- - What is the law about?
  - What are the main provisions of concern?
  - What are the problems with each of the provisions chosen?

Practicum for participants

Option 4: Comparative analysis

Develop a 2-3 page analysis by comparing laws or drafts across two or more countries. This can also be a comparison of provisions dealing with an issue across the countries.

Workshop policies & governing rules

Code of conduct and principles of participation

The Association for Progressive Communications is committed to providing a safe and welcoming environment for discussing issues related to its community. The APC Community comprises members of the network, all APC staff and team and its larger network of partners, friends and allies.

The code of conduct and ground rules apply to this meeting, all APC hosted events, conference-related social events, such as parties or gatherings at restaurants or bars and spaces, and includes our mailing lists, wikis, platforms, websites and any other spaces that APC hosts, both online and off. Participants are responsible for knowing and abiding by these guidelines. In this event, the code applies to anyone who is part of the event, which includes organisers, resource persons, participants and performers.

All APC meetings, virtual and physical meetings, are intended to be SAFE spaces and we ask participants to be guided by the following:

|Be respectful

|Listen actively

|Be respectful of others’ views even when you disagree

|Be collaborative

|Recognise diversity

|Respect privacy of participants

|Be aware of language diversity

|Handle disagreement constructively

|Act fairly, honestly, and in good faith with other participants

It is vital that discussions include and acknowledge a diversity of opinions and experiences, and that the community does not tolerate harassment of any kind.

We expect the members of the APC community to treat one another with respect and to acknowledge that everyone can make a valuable contribution. We may not always agree, but the space and conversation must always have openness to positions that may not be aligned or in agreement. Frustration cannot turn into a personal attack. It's important to remember that a community where people feel uncomfortable or threatened is not a productive one, and that the meeting conduct and ground rules are anchored in the APC values we have all committed to uphold. It is our collective responsibility to ensure that we create a safe, creative, productive and welcoming space that can hold us in all of our diversity.

We will take action in response to harassment related to gender, gender identity and expression, sexual orientation, disability, physical appearance, body size, race, nationality, caste, ethnicity or religion. APC does not tolerate harassment of participants in any form.

Definitions

Harassment

includes, but is not limited to:

Offensive comments related to gender, gender identity and expression, sexual orientation, disability, mental illness, neuro(a)typicality, physical appearance, body size, race, caste, ethnicity or religion.
Unwelcome comments regarding a person’s lifestyle choices and practices, including those related to food, health, parenting, drugs, and employment.
Physical contact and simulated physical contact without consent or after a request to stop.
Deliberate intimidation.
Sustained disruption of discussion.
Continued one-on-one communication after requests to cease.
Sexual harassment

Sexual harassment

is a broad term. For the purposes of this event it is defined as:

Any unwelcome sexual advance in the form of words, images, gestures or physical contact in physical, digital or communication spaces which may reasonably be expected, or be perceived, to cause distress, intimidation, fear, humiliation, or harm to another. The term also covers any request for a sexual favour, or a threat of a sexual nature. Sexual harassment may occur in any space, including the workplace. This includes activities of face-to-face meetings, virtual meetings and digital communication of all kinds. It can be a one-time incident or a series of incidents. Sexual harassment may be unintended, deliberate, or coercive. Sexual harassment may occur both within formal working hours and spaces, and outside these. Men, women, transitioning and transgender individuals may be victims or offenders.

Sexual harassment may result in discrimination, and it may create a hostile working environment. Other forms of behaviour which cause discrimination, fear, and/or a hostile working environment may be implicated in sexual harassment, such as harassment based on race, gender, sexuality, national origin, physical appearance, age, ancestry, disability, economic disparity, nationality, or religious or spiritual beliefs. APC recognises that APC's staff members, partners and event participants are from diverse contexts, and that sexual harassment experiences are embedded within the cultural, social, historical and personal contexts.

Sexual harassment should not be confused with unintentional careless communication in a diverse working environment, or with our efforts to create a working culture which is open to conversations on sexuality and human rights.

We understand that the impact of sexual harassment on APC's working culture can be highly destructive, and we understand the harmful impact of sexual harassment on any person’s work, mind and body.

Examples of sexual harassment include (but are not limited to):

Gratuitous or off-topic sexual images or behaviour in spaces where they are not appropriate.
Unwelcome sharing of sexualised content in visual, audio or text form
Deliberate stalking, following or intimidation, online and/or offline
Harassing photography, video or audio recording
Inappropriate and/or unwanted physical contact
Unwelcome sexual attention, in any form of communication
Requests for sexual favours, verbal or physical contact of a sexual nature in exchange for an opportunity
Threats, either explicit or implicit, to withdraw an opportunity or resources unless sexual contact and/or communication is permitted
Advocating for, or encouraging, any of the above behaviour.

If you believe you have been harassed, or notice that someone else is being harassed, or have any other concerns, you are encouraged to raise your concerns in confidence to the Event Incidents Team.

APC commits that each case will be considered, and concrete actions will be taken as appropriate.

Please refer to APC’s sexual harassment policy for how APC responds to sexual harassment.

Code of Conduct and Anti-Harassment Policy Response Process

If you are being harassed by a member of the community or a participant or organiser at the conference, or have any other concerns, please contact a member of the Event Incidents Team.

When a complaint is made or an incident occurs that breaches this code, the Event Incidents Team will confidentially review and respond to any participant who has experienced harassment or inappropriate behavior.

If the person who is harassing you is on the Event Incidents Team, they will recuse themselves from handling your incident. If the person who is harassing you is a member of the organising team, they will not receive differential treatment than any other participant in the handling of the complaint.

We will try to respond as promptly to complaints as we can. These steps will be taken once you make a complaint:

One or more members of the Event Incidents team will discuss the issue with you.
They may take notes, with your consent, of what you say.
One or more members of the Events Incidents team will separately speak with the person(s) against whom the complaint is lodged.
The process will involve attaining resolution while ensuring safety, dignity and respect for everyone involved.

If a participant engages in harassing behavior, the Response Team may take any action they deem appropriate, up to and including expulsion from all APC spaces during the event, and identification of the participant as a harasser to other APC members or the general public. The Event Incidents team will prioritise marginalised people’s safety over privileged people’s comfort.

Any member of the Event Incidents Team can be contacted with any questions or concerns participants may have throughout the duration of an APC event. Anonymous complaints can be reported to the team on Telegram or submitted via email.