Internet censorship in India
Encyclopedia
Internet censorship in India is selectively practiced by both federal and state governments. While there is no sustained government policy or strategy to block access to Internet content on a large scale, measures for removing content that is obscene or otherwise objectionable, or that endangers public order or national security have become more common in recent years
Freedom on the Net 2011 report, says:
India is classified as engaged in "selective" Internet filtering in the conflict/security and Internet tools areas and as showing "no evidence" of filtering in the political and social areas by the OpenNet Initiative
in May 2007. ONI states that:
Internet filtering can also be mandated through licensing requirements. For example, ISPs seeking licenses to provide Internet services with the Department of Telecommunications (DOT) “shall block Internet sites and/or individual subscribers, as identified and directed by the Telecom Authority from time to time” in the interests of “national security”. License agreements also require ISPs to prevent the transmission of obscene or otherwise objectionable material.
In 2001, the Bombay High Court
appointed a committee to oversee issues relating to online pornography and Cybercrime
. The Court invited the petitioners, Jayesh Thakkar and Sunil Thacker, to make recommendations on cyber laws. The committee published a report which analyses the key issues and made recommendations regarding areas such as the licensing of cyber cafés, putative identity cards for cyber cafe visitors, that minors use computers in public spaces, and the maintenance of IP logs by cyber cafes. The Committee also recommended that internet service provider
s keep correct time logs and records.
The report also addressed the protection of children from adult websites and advised internet service providers to provide parental control software for every Internet connection. The committee also identified lack of technical knowledge in the police as a problem. The report was well received by the courts, and its recommendations are being implemented the police and cyber cafes. The Cyber Crime Investigation Cell was set up pursuant to a recommendation made by the committee.
In 2003 the Government of India
established the Indian Computer Emergency Response Team (CERT-IN) to ensure Internet
security. Its stated mission is "to enhance the security of India's Communications and Information Infrastructure through proactive action and effective collaboration". CERT-IN is the agency that accepts and reviews requests to block access to specific websites. All licensed Indian ISPs must comply with CERT-IN decisions. There is no review or appeals process. Many institutions, including the Ministry of Home Affairs, courts, the intelligence services, the police and the National Human Rights Commission, may call on it for specialist expertise. By stretching the prohibition against publishing obscene content to include the filtering of Web sites, CERT-IN was empowered to review complaints and act as the sole authority for issuing blocking instructions to the Department of Telecommunications (DOT). Many have argued that giving CERT-IN this power through executive order violates constitutional jurisprudence holding that specific legislation must be passed before the government can encroach on individual rights.
in 1999, the website of the Pakistani daily newspaper Dawn
was blocked from access within India
by Videsh Sanchar Nigam Limited, a government-owned telecommunications company which at the time had monopoly control of the international internet gateways in India. Rediff, a media news website, claimed that the ban was instigated by the Indian government, and then published detailed instructions as to how one could bypass the filter and view the site.
" (an illegal, minor separatist group from Meghalaya
), which discussed the case of the Khasi tribe was banned. The Department of Telecommunications asked Indian ISPs to block the group, but difficulties led to all Yahoo! groups being banned for approximately two weeks.
, Blogspot and Typepad
domains. Initial implementation difficulties led to these domains being blocked entirely. Access to sites on these domains other than those specifically banned was restored by most ISPs after about a week.
to track down what it deems defamatory content which, in their example, includes content critical of Bal Thackeray
.
and other stories on terrorism after hostile messages were posted after news surfaced of the terrorists being Indian Muslims. The move was was said to be self-censorship, based on guidelines from the government.
On 21 July 2011, all file hosting websites were blocked by ISPs to prevent piracy of the film Singham
, causing anger among Internet users.
On the 1st of November 2007, The Economic Times
reported that the Government of India was considering a ban on "posting of private and personal videos on internet and mobiles" to tackle cybercrime and piracy.
The Government has planned to setup national intelligence grid where it can track all call logs and internet data in real time, even though such an act would violate fundamental rights.
Overview
The India country report that is included in Freedom House'sFreedom House
Freedom House is an international non-governmental organization based in Washington, D.C. that conducts research and advocacy on democracy, political freedom and human rights...
Freedom on the Net 2011 report, says:
- India's overall Internet Freedom Status is "Partly Free", unchanged from 2009.
- India has a score of 36 on a scale from 0 (most free) to 100 (least free), which places India 14 out of the 37 countries worldwide that were included in the 2011 report.
- India ranks second best out of the nine countries in Asia included in the 2011 report.
- Prior to 2008, censorship of Internet content by the Indian government was relatively rare and sporadic.
- Following the November 2008 terrorist attacks in Mumbai, which killed 171 people, the Indian Parliament passed amendments to the Information Technology Act (ITA) that expanded the government’s censorship and monitoring capabilities.
- While there is no sustained government policy or strategy to block access to Internet content on a large scale, measures for removing certain content from the web, sometimes for fear they could incite violence, have become more common.
- Pressure on private companies to remove information that is perceived to endanger public order or national security has increased since late 2009, with the implementation of the amended ITA. Companies are required to have designated employees to receive government blocking requests, and assigns up to seven years’ imprisonment private service providers—including ISPs, search engines, and cybercafes—that do not comply with the government's blocking requests.
- Internet users have sporadically faced prosecution for online postings, and private companies hosting the content are obliged by law to hand over user information to the authorities.
- Both bloggers and moderators can face libel suits and even criminal prosecution for comments posted by other users on their websites.
- Prior judicial approval for communications interception is not required and both central and state governments have the power to issue directives on interception, monitoring, and decryption. All licensed ISPs are obliged by law to sign an agreement that allows Indian government authorities to access user data.
India is classified as engaged in "selective" Internet filtering in the conflict/security and Internet tools areas and as showing "no evidence" of filtering in the political and social areas by the OpenNet Initiative
OpenNet Initiative
The OpenNet Initiative is a joint project whose goal is to monitor and report on internet filtering and surveillance practices by nations. The project employs a number of technical means, as well as an international network of investigators, to determine the extent and nature of government-run...
in May 2007. ONI states that:
As a stable democracy with strong protections for press freedom, India’s experiments with Internet filtering have been brought into the fold of public discourse. The selective censorship of Web sites and blogs since 2003, made even more disjointed by the non-uniform responses of Internet service providers (ISPs), has inspired a clamor of opposition. Clearly government regulation and implementation of filtering are still evolving. … Amidst widespread speculation in the media and blogosphere about the state of filtering in India, the sites actually blocked indicate that while the filtering system in place yields inconsistent results, it nevertheless continues to be aligned with and driven by government efforts. Government attempts at filtering have not been entirely effective, as blocked content has quickly migrated to other Web sites and users have found ways to circumvent filtering. The government has also been criticized for a poor understanding of the technical feasibility of censorship and for haphazardly choosing which Web sites to block. The amended IT Act, absolving intermediaries from being responsible for third-party created content, could signal stronger government monitoring in the future.
Background
In June 2000 the Indian Parliament created the Information Technology (IT) Act to provide a legal framework to regulate Internet use and commerce, including digital signatures, security, and hacking. The act criminalizes the publishing of obscene information electronically and grants police powers to search any premises without a warrant and arrest individuals in violation of the act. A 2008 amendment to the IT Act reinforced the government's power to block Internet sites and content and criminalized sending messages deemed inflammatory or offensive.Internet filtering can also be mandated through licensing requirements. For example, ISPs seeking licenses to provide Internet services with the Department of Telecommunications (DOT) “shall block Internet sites and/or individual subscribers, as identified and directed by the Telecom Authority from time to time” in the interests of “national security”. License agreements also require ISPs to prevent the transmission of obscene or otherwise objectionable material.
In 2001, the Bombay High Court
Bombay High Court
Bombay High Court at Mumbai, Maharashtra, is the High Court of India with jurisdiction over the states of Maharashtra & Goa, and, the Union Territories of Daman and Diu and Dadra and Nagar Haveli...
appointed a committee to oversee issues relating to online pornography and Cybercrime
CyberCrime
CyberCrime was an innovative, weekly America television program on TechTV that focused on the dangers facing computer users. Filmed in San Francisco, California, the show was hosted by Alex Wellen and Jennifer London...
. The Court invited the petitioners, Jayesh Thakkar and Sunil Thacker, to make recommendations on cyber laws. The committee published a report which analyses the key issues and made recommendations regarding areas such as the licensing of cyber cafés, putative identity cards for cyber cafe visitors, that minors use computers in public spaces, and the maintenance of IP logs by cyber cafes. The Committee also recommended that internet service provider
Internet service provider
An Internet service provider is a company that provides access to the Internet. Access ISPs directly connect customers to the Internet using copper wires, wireless or fiber-optic connections. Hosting ISPs lease server space for smaller businesses and host other people servers...
s keep correct time logs and records.
The report also addressed the protection of children from adult websites and advised internet service providers to provide parental control software for every Internet connection. The committee also identified lack of technical knowledge in the police as a problem. The report was well received by the courts, and its recommendations are being implemented the police and cyber cafes. The Cyber Crime Investigation Cell was set up pursuant to a recommendation made by the committee.
In 2003 the Government of India
Government of India
The Government of India, officially known as the Union Government, and also known as the Central Government, was established by the Constitution of India, and is the governing authority of the union of 28 states and seven union territories, collectively called the Republic of India...
established the Indian Computer Emergency Response Team (CERT-IN) to ensure Internet
Internet
The Internet is a global system of interconnected computer networks that use the standard Internet protocol suite to serve billions of users worldwide...
security. Its stated mission is "to enhance the security of India's Communications and Information Infrastructure through proactive action and effective collaboration". CERT-IN is the agency that accepts and reviews requests to block access to specific websites. All licensed Indian ISPs must comply with CERT-IN decisions. There is no review or appeals process. Many institutions, including the Ministry of Home Affairs, courts, the intelligence services, the police and the National Human Rights Commission, may call on it for specialist expertise. By stretching the prohibition against publishing obscene content to include the filtering of Web sites, CERT-IN was empowered to review complaints and act as the sole authority for issuing blocking instructions to the Department of Telecommunications (DOT). Many have argued that giving CERT-IN this power through executive order violates constitutional jurisprudence holding that specific legislation must be passed before the government can encroach on individual rights.
1999 — Website of Dawn, a Pakistani daily newspaper, blocked following Kargil War
Immediately after the Kargil WarKargil War
The Kargil War ,, also known as the Kargil conflict, was an armed conflict between India and Pakistan that took place between May and July 1999 in the Kargil district of Kashmir and elsewhere along the Line of Control...
in 1999, the website of the Pakistani daily newspaper Dawn
Dawn (newspaper)
Dawn is Pakistan's oldest and most widely read English-language newspaper. One of the country's two largest English-language dailies, it is the flagship of the Dawn Group of Newspapers, published by Pakistan Herald Publications, which also owns the Herald, a magazine, the evening paper The Star and...
was blocked from access within India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
by Videsh Sanchar Nigam Limited, a government-owned telecommunications company which at the time had monopoly control of the international internet gateways in India. Rediff, a media news website, claimed that the ban was instigated by the Indian government, and then published detailed instructions as to how one could bypass the filter and view the site.
2003 — Yahoo Groups banned
In September 2003, Kynhun, a Yahoo group linked to the "Hynniewtrep National Liberation CouncilHynniewtrep National Liberation Council
The Hynniewtrep National Liberation Council is a militant organization operating in Meghalaya, India. It claims to be a representative of the Khasi-Jaintia tribal people, and its aim is to free the Meghalaya from the alleged Garo domination and the non-tribal outsiders...
" (an illegal, minor separatist group from Meghalaya
Meghalaya
Meghalaya is a state in north-eastern India. The word "Meghalaya" literally means the Abode of Clouds in Sanskrit and other Indic languages. Meghalaya is a hilly strip in the eastern part of the country about 300 km long and 100 km wide, with a total area of about 8,700 sq mi . The...
), which discussed the case of the Khasi tribe was banned. The Department of Telecommunications asked Indian ISPs to block the group, but difficulties led to all Yahoo! groups being banned for approximately two weeks.
2006 — Websites banned
In July 2006 the Indian government ordered the blocking of 17 websites, including some hosted on the GeocitiesGeoCities
Yahoo! GeoCities is a web hosting service, currently available only in Japan.GeoCities was originally founded by David Bohnett and John Rezner in late 1994 as Beverly Hills Internet . In its original form, site users selected a "city" in which to place their web pages...
, Blogspot and Typepad
TypePad
TypePad is a blogging service from company Say Media . Originally launched in October 2003, TypePad is based on Six Apart's Movable Type platform, and shares technology with Movable Type such as templates and APIs, but is marketed to non-technical users and includes additional features like...
domains. Initial implementation difficulties led to these domains being blocked entirely. Access to sites on these domains other than those specifically banned was restored by most ISPs after about a week.
2007 — Orkut and Indian law enforcement agreement
In 2007 Indian law enforcement entered an agreement with the popular social networking site OrkutOrkut
Orkut is a social networking website that is owned and operated by Google Inc. The service is designed to help users meet new and old friends and maintain existing relationships...
to track down what it deems defamatory content which, in their example, includes content critical of Bal Thackeray
Bal Thackeray
Bal Keshav Thackeray , popularly known as Balasaheb Thackeray, is an Indian politician, founder and chief of the Shiv Sena, a right-wing Hindu nationalist, and Marathi ethnocentric party active mainly in the western Indian state of Maharashtra.Born in Pune, Thackeray began his professional career...
.
2007 — Rediff drops bulletin boards on Glasgow International Airport attack
One of the leading Indian websites, Rediff, dropped bulletin boards on all news items relating to the 2007 Glasgow International Airport attack2007 Glasgow International Airport attack
The 2007 Glasgow International Airport attack was a terrorist attack which occurred on Saturday 30 June 2007, at 15:11 BST, when a dark green Jeep Cherokee loaded with propane canisters was driven into the glass doors of the Glasgow International Airport terminal and set ablaze...
and other stories on terrorism after hostile messages were posted after news surfaced of the terrorists being Indian Muslims. The move was was said to be self-censorship, based on guidelines from the government.
2008 — IRC Undernet banned
IRC Undernet (www.undernet.org) was banned without any media coverage in 2008. However the ban was lifted.2011 — Websites banned
In March 2011 the government banned several websites, Typepad, Mobango, Clickatell, without warning.On 21 July 2011, all file hosting websites were blocked by ISPs to prevent piracy of the film Singham
Singham (2011 film)
Singham is a 2011 Bollywood action film directed by Rohit Shetty starring Ajay Devgn, Kajal Aggarwal and Prakash Raj in lead roles. It is a remake of the 2010 Tamil film Singam featuring Suriya and 2011 bengali flim Shotru featuring bengali superstar Jeet. The film is produced by Reliance...
, causing anger among Internet users.
Plans
The government plans to set up a centralized mechanism at the eight landing stations for the country to block websites as and when it pleases.On the 1st of November 2007, The Economic Times
The Economic Times
The Economic Times is an English-language Indian daily newspaper published by the Bennett, Coleman & Co. Ltd.. The Economic Times was started in 1961. It is the most popular and widely read financial daily in India, read by more than 8 lakh people...
reported that the Government of India was considering a ban on "posting of private and personal videos on internet and mobiles" to tackle cybercrime and piracy.
The Government has planned to setup national intelligence grid where it can track all call logs and internet data in real time, even though such an act would violate fundamental rights.
External links
- "The Discreet Charms of the Nanny State: Just what is it the government doesn't want you surfing to?", Shivam Vij, National Highway, 6 October 2006