Mr Apar Gupta is a renowned lawyer and writer. In 2019, he received the status of an Ashoka Fellow for “creating a model for digital rights advocacy in the country that is driven by the public, for the public”, and his work in the Internet Freedom Foundation (IFF), which he co-founded. His expertise in media, cyber and entertainment laws is commendable. He worked for Karanjawala and Co. for a short period of time before resigning and starting his own firm. Later, he started his independent practice.
He has appeared as a counsel in many landmark judgments like Shreya Singhal v. Union of India , Subramanian Swamy v. Union of India , etc. He was also included in the Forbes India 30 Under 30 List in 2014. He is also the founder of SaveTheInternet.in Campaign, which is yet another testament to his dedication towards digital rights and net neutrality. He is also an able writer and has authored a book on the Information Technology Act, apart from undertaking many research projects and writing for many respected journals.
1. Your legal career spans over a period of over a decade, and in this time, you have achieved many milestones. From working at some of the best law firms to establishing your own law office, how has your experience in the legal field been?
My experience in the legal field has not been a traditional one. I started my career by working in a solicitor’s firm which was followed by independent law practice. Thereafter, I spent some years co-founding a non-profit organisation that was dedicated to working on civil liberties and its intersection with information technology. This is also the work I am most known for. And it was only towards the beginning of this year that I once again commenced my independent practice and started appearing again in courts.
2. You obtained your higher education from the prestigious Columbia Law School. Please share your experience. How do you think your education abroad has shaped your career?
My master’s was quite some time ago and it was a year after I had completed my undergraduate law degree. The master’s course that I took at Columbia Law School was very beneficial, especially in terms of allowing me to experience classes in a different environment and undertake some sort of polishing exercises. Most of the time, people go for a master’s degree because they want specialisation in a particular field or they want to learn about a specific area of law much more deeply and that was my initial motivation too. This is why I took up courses on electronic commerce law, intellectual property and international arbitration. It is a two-semester course and during the second semester, I took more seminar classes aimed at legal scholarships, multiculturalism, etc. I am also in touch with a lot of people who were my classmates back at Columbia. Overall, I can say that it was definitely a beneficial experience for me, though I can not say that it directly impacted the trajectory of my career, but in small, imperceptible ways, it allowed me to get a deeper insight into how lawyers across the world work, given that my classmates were from diverse backgrounds. I was also able to interact with faculty through tasks like journal publications and peer-reviewed writings, etc. that I undertook. In a way, it was a well-rounded experience.
3. Accendo Law Partners, which you co-founded, was merged with Advani and Co. where you were a partner. How was your experience as a partner in the firm? What are some of the challenges you encountered in establishing your own firm? What advice would you give to young enthusiasts who are aspiring to become legal entrepreneurs?
I would not call myself a legal entrepreneur. Being in a law firm, especially when you are working as a partner, you need to do much more than just legal work. You need to manage other colleagues. You are tasked with many diverse functions of client handling to a large extent. There were two other colleagues of mine who were really helpful at that time. They shared a lot of the burden. One of them was Mr Sushant Garg and the other was Mr Animesh Sinha. Together, we were able to work on several large commercial disputes, arbitration disputes, etc. The team size also grew up to about 12 in Delhi. It was a very good learning experience for me in terms of managing other people as it was my first time doing so. It was also my first experience dealing with how to keep your junior colleagues motivated and how to recruit people. I also worked on the requirements to ensure that the revenue of the firm met the desired growth rate. A lot of it was not simply limited to law, it went beyond it. That is what I think a lot of people might not immediately appreciate while stepping into the shoes of a partner. The role brings with it large managerial functions as well.
4. Your practice in cyber laws has been commendable. What was the point in your academic journey where you decided to take up this branch of law as the basis of your career?
Even before I entered law school, as an early adopter of the internet, I had a very strong passion for culture and the social implications of digital technology, which matched the growth in legal regulations and policy developments in the area at the time. Hence, it was a very fortunate accident and a very fertile time when my passions and interests aligned with something that was growing tremendously in our society at that time.
5. Talking about the Internet Freedom Foundation, it has received many accolades. You were also selected for the Ashoka Fellowship for your work at IFF. What was the main idea behind this venture of yours and how has this experience added to your wisdom?
I was part of an online movement that was aimed at protecting net neutrality. It was felt that there needs to be an organisation that should work for the broader spectrum of digital rights. These rights are the result of the intersection of our fundamental rights or civil liberties and technology. This is why the Internet Freedom Foundation was created. Subsequently, I became the Executive Director and I started working there and developing it. A large portion of the work accounted for digital litigation, policy engagement, etc. But it also involved spreading awareness and informing people to ensure a greater level of support for the work that we were conducting. Over a period of time, I feel, that when you have been working on the same thing, you are able to refine your ideas through actions and actual execution and it results in a much more comprehensive and efficient body of work. And I feel this is what we experienced with the Internet Freedom Foundation which continues doing excellent work around issues that are faced by millions of Indians as they try to assimilate technology and avail the opportunities and benefits of digitisation while reducing the amount of threats that emerge which may be in the nature of profiling, surveillance and other threats to their free expression.
6. Tell us about your experience in the media and entertainment sector. These branches are not as explored as other mainstream ones. What would be your advice to people willing to make a career in entertainment and media law?
Any person who is looking to focus on a specialised area of law and wants to practice it needs to join a law office or a law firm where they receive proper mentorship as well as an opportunity to work on issues centered around that area of specialisation. Early on, they need to be clear about their career path and also about how much of their passion will be present over the larger portion of their lives. This might be difficult but they need to think about it. They also need to make the choice to go and work with somebody who has done an adequate amount of work in those areas, so that they have the opportunity of learning on the basis of the actual practice of that work rather than the mere theory that occurs. Both, theory coupled with conceptual clarity and an opportunity to actually work on cases or client representations, are equally important. When both of them come together and you receive mentorship in an environment that supports your growth, then quite often, you have the opportunity of doing well.
7. From being an advocate at Karanjawala and Co. to being the co-founder of Accendo Law Partners and IFF and then starting your own law office, what challenges have you come across in your journey?
I think a lot of challenges that I have come across in my journey are common to many other lawyers. They include a desire to impact social change and at the same time, a need to grow and achieve the commercial objectives that a person has set for themselves. Some of the challenges I faced include skill development, where some things have not been very natural in terms of how I would have approached certain issues at a younger age. For instance, how to talk to potential clients, how to build expertise, how to argue in courts, and how to manage people or colleagues while working in large teams, have been some of the challenges I have faced and still face even today. I am not a master in any of these matters. But it is a journey and as a lawyer, your profession often poses new challenges and inspires creativity. I think this is also why a lot of lawyers actually love what they do. It is something that needs to be acknowledged. It is not as if there will not be any complexities or challenges and very often, it is because of these challenges and complexities that people choose this profession. This is the approach that I carry forward with me even today.
8. As a counsel appearing in many landmark cases, including Shreya Singhal v. Union of India, what has been your most memorable experience in the field of litigation?
I have had many experiences in litigation which I look back on with much gratitude. Most of the cases that I have appeared in have been in the capacity of a much more junior team member, conceptualising the case, having the ability to draft either the pleadings or the written submissions, and learning from senior advocates who have actually argued these matters before courts. I have picked up a lot from these small bits of guidance either through their express directions or simply by observing how they have conducted themselves. I think I have had many memorable experiences. This is also what has inspired me to do better over a period of time. When you see someone much older than you, much more experienced than you, do an excellent job, it is very inspirational to somebody younger such as me. You pick up those things in the right way and these are the memories that eventually become a part of your own character.
9. You also have been recognised as an able writer. Please tell us about some of your most acclaimed academic projects and experiences as a writer.
I have written quite often in terms of op-eds, journals, etc. Recently, I have not had much time to work on articles for peer-reviewed journals. I also have a book on the Information Technology Act, which I am currently revising. I think the value that I bring to public discourse is the ability to clearly communicate the implications of a legal proposal or a development through my writings. The area that I have been the most comfortable with is the impact of policy and legal developments in the field of digital technologies. I think that is where some bits of the desire that I have to engage in public education are satisfied.
10. You manage many things together, including litigation, writing, working on academic projects, and so much more. What are some of the challenges you face while doing all this? What is a piece of advice you would give to your younger self?
I think doing all of these things together requires a high amount of discipline which can only come when you like what you do. Fortunately, I feel an immense amount of gratitude that I was lucky enough to have the ability to do things that I was inherently passionate about. This does not mean that there are no days when things do not go the way I want them to go. But even if, on some days, things work out the way I want, I would usually maintain the larger discipline that I have in approaching my work. This keeps me motivated to do things promptly within timelines while continuing to increase my ambition of what I want to achieve. I think this is what is important for any lawyer. A lawyer needs to have a high amount of discipline which is usually brought with the motivation of being able to do what you are passionate about.
The piece of advice I would give to my younger self would be that if you choose a project, you might need to stick to it for a period of time much longer than you initially expected or than you may ordinarily think. Quite often, the outcomes that you expected on a timeline may not occur within that timeline. There are many things that are out of your control and a greater level of patience is required whenever you are undertaking any large project.
.
.
The post appeared first on .