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Child in India? Sorry! No Facebook then!

By Shriram Venkatraman, on 20 May 2013

The Delhi High Court had questioned the Union Government of India on why minors (children below 18 years of age) were on Facebook and Google. This was in response to a case filed by an ideologue of a major political party in India. The issue they wanted explained was how someone under the age of 18 years could enter into a contract with a company as according to the Indian laws, this cannot be done by any minor in India.

Facebook allows user registration with an email address, so when creating an email address, one again needs to electronically sign a contract ticking the acceptance of terms and services of the service provider, so would signing up for an email addresses also be blocked and not available for anyone under the age of 18? Or would it be fine if the students let their parents know that they are signing up for email address, so that they have now received their parents consent? But, according to the law, wouldn’t that also be wrong, as these services require the user to enter into a contract and not their parents or guardians? So should these service providers now create consent forms to be signed in by the parents of these children rather than by the children themselves? What would then happen to the first generation learners in India? Several schools and educational institutions would then be in the wrong as they now ask their students to have email addresses and sign in to educational groups. Several summer camps, hobby groups for children and children’s clubs might be contravening the law, as they really haven’t enlightened the law to their child members nor have they followed it.

Similar is the case with educational e-applications now selling (downloading) like hot cakes on smart phones and tablets, they all require the user to “Agree and Install”. It seems like several of these need to be looked into now. Similar is the case with multi user online games, which are pretty popular among children in India.

Wouldn’t this mean that any child, who owns a laptop, should not install any legal applications (even an update), because they ask the user to enter into a contract with them – where the user needs to tick the box that he/she understands the terms under which the application is installed in his/her system. Should this also require the consent of the parents then?

So, is the intent on the online security of these children when they get into such social networking sites? Or is it just blindly following a law that states no one under the age of 18 can enter into agreement or sign a contract? If so, wouldn’t this apply to all avenues of one’s life, rather than just to Facebook or Google alone, why target just these companies alone? If the intent is on child security online, then shouldn’t the base of this case filing itself be different? The question of why have the court and/or India woken up to this after such a long time still persists? If children are said to be creating fake profiles and if such faking is punishable with imprisonment by law, it also may seem as if several Indian children would have to be placed in juvenile homes.

It seems like Facebook as a company had let the US authorities know that almost 80 million Facebook accounts were fake, as there was no user verification. Statistics show only people aged above 18 years on Facebook, however, it is evident that this might not necessarily be the case. Would Facebook consider removing these 80 million fake profiles?

It would definitely be interesting to wait and watch at the proceedings in this case and how the law of the land unfolds itself in due course.

Refs:

http://www.indianexpress.com/news/explain-how-children-open-facebook-other-accounts-delhi-high-court-to-govt/1107592/

http://www.hindustantimes.com/India-news/NewDelhi/Explain-how-kids-below-18-open-FB-google-accounts-HC-to-Centre/Article1-1050425.aspx

 

An exemplary case of Polymedia: the advantages of looking at idioms of usage

By Juliano Andrade Spyer, on 4 January 2013

About a month ago I was on an overground train going home from visiting a friend when a teenage mother and her little daughter sitting in front of me caught my attention. Fastened to her pram, the baby girl unsuccessfully attempted to loosen the belts around her torso while repeatedly calling for her mom, trying to attract her attention.

While the baby was moving and making noises, the mom was static; headphones on, her face was immersed in the exchanges she was carrying out through text messages. I couldn’t tell if she was ignoring the calls coming from the baby or was, in reality, sealed-off from the surrounding noises and visual information.

In my memory, these dynamics – a baby fastened to a pushchair attempting to contact her motionless mother – lasted through several stations, but suddenly the mother broke from that trance-like state to carry a brief interaction with the person sitting next to her, who, until that point, was also barely moving, with headphones on and also exchanging text messages.

They were friends and their trance-like state was temporarily suspended while the mother expressed her disappointment with one of the people she had been communicating with through text. She was annoyed that this other person accused her of ending a conversation with an ironic “fine”.

Rapidly and while the friend sitting next to her was still paying attention, the young mother recorded a voice message to the other person demonstrating the correct tone that she supposedly meant, “- I said ‘fine’ [sweet voice] in a nice way and not ‘fine’ [bored voice] in an ironic way… asshole!” And as the girl friend next to her laugh, it became clear that this last word had not been recorded; it was just for her friend to hear.

For the purpose of this blog post, the above exchange is relevant because it shows how the abundance of communication platforms – which constitutes a state of polymedia – favours the creation of idioms of use. Notice that the mom had many alternatives to follow up in that conversation: she could have simply texted back or called the person. Instead, she chose a new solution – a voice message transmitted similarly to a text message.

The point of the notion of polymedia (Madianou and Miller 2012) is that it helps the researcher to reflect about communication strategies and also to formulate hypothesis about how certain social relations are being configured. A state of polymedia is produced when a person has at least half a dozen possible ways to convey a message (through mobile or computer), knows how to use them, and won’t pay more for choosing a certain solution given that the costs will be the same (since the broadband plan has a fixed monthly price).

In this case, for instance, maybe the mom wanted to be seen by her friend as intelligent and a bit “wicked” (by displaying publically how she understood and controlled the channel of communication); and she achieved this goal while also providing a quick reply and avoided a possible confrontation that could happen through a phone call. This can be speculated based on the idiom of usage that she chose to apply.

Reference:

Madianou, M and Miller, D (2012) Migration and New Media. Routledge