We should regulate the govt, not the other way around

From the way this government behaves, you would think that the people of India are a great danger. A few days ago, the government floated a tender asking for vendors who would build for it a “comprehensive analytics system to monitor and analyse various aspects of social media communication and World Wide Web.”


Put simply, a surveillance system that will track all your online activity, and know everything about you, so that you behave. This tender came on the heels of an earlier proposal mooted by Smriti Irani, then the I&B minister, to regulate online media.

These specific proposals were par for the course. Any government looks for ways to expand its power over its citizens. As much as we should protest these attempts, we should also consider that the real problem lies elsewhere. The biggest danger to our democracy is not one set of people lusting for power, but the mindset that all of us have.

The Indian people still behave as if we are subjects of an empire. We have no rights except those that our rulers are kind enough to grant us, and they are our mai-baap. Yes, since the British left we have a procedure to elect our own rulers — but we remain the ruled.

In a democratic republic, the people should be in charge, and the government should serve. The only legitimate role of the state is to protect the rights of its citizens — that’s what laws are for. And yet, in this inversion of roles that we have accepted, laws become the tool by which our rulers keep us in check. The mere rule of law is never enough for this, and the state always seeks to expand its power with that magic word, ‘regulation’.

We accept and encourage this: whenever we see a social or economic problem of any kind, we assume that the solution must lie with government, and demand ‘regulation’. We need to reverse our thinking. We should regulate the government, and not the other way around.

You should always be suspicious of any sentence with the phrase ‘government regulation’. Most of the time when someone proposes any kind of government regulation, it is something that will harm the common citizen, help a special interest group and expand the power of an oppressive state. Let me explain.

First of all, let’s take for granted that the fundamental role of the state is to protect the rights of its citizens. It has to maintain the rule of law. In any marketplace, whether of goods, services or ideas, this is all it needs to do. Punish cheats and thieves. Enforce contracts. Ensure that all interactions are voluntary and there is no coercion. It needs to do no more than this.

Now, consider what happens when the government decides to ‘regulate’ something in the ‘public interest’. The state is not a benevolent god-like force that works in society’s best interests. Politics is an interplay of power and money, and those in power have always been captured by special interests. There is already a power imbalance in favour of these special interests. To grant the government more power is to increase that imbalance.

Usually, in any market, competition is the best regulation. A common form of government regulation is to increase entry barriers in a marketplace, thus reducing competition. This hurts the consumers — or us common citizens. It helps entrenched special interests.

This is as true of the marketplace of ideas as it is of the marketplace for goods and services. Social and online media are already subject to laws that fight criminal activity — including many laws against free speech that should not exist. Further regulation is an attempt to protect one set of ideas and intimidate another. This reduces the possibility of dissent. This is bad for democracy.

The issue here is not which party happens to be in power at a given time. Whenever you concede a certain set of powers to a government, imagine the worst possible person in charge. It could be Yogi Adityanath or Sonia Gandhi or Arvind Kejriwal — whoever you dislike most. The state should have so little power, and such strong checks and balances, that the worst person imaginable being in charge will not be a threat to the nation.

So the next time someone proposes government regulation of any kind, with the most noble rhetoric behind it, raise your voice. It is the natural tendency of the state to try to grab as much power as possible. It is the duty of the citizen to resist.