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Perumal Murugan and the Law on Obscenity: by Japreet Grewal — published Jul 21, 2016 — last modified Aug 09, 2016 01:01 PM — filed under: Freedom of Speech and Expression, Hate Speech, Article 19(1)(a), Internet Governance
Located in Internet Governance
The Legal Validity of Internet Bans: Part II: by Geetha Hariharan and Padmini Baruah — published Oct 08, 2015 — filed under: Social Media, Freedom of Speech and Expression, Internet Access, 69A, Section 144, Article 19(1)(a), Blocking
In recent months, there has been a spree of bans on access to Internet services in Indian states, for different reasons. The State governments have relied on Section 144, Code of Criminal Procedure 1973 to institute such bans. Despite a legal challenge, the Gujarat High Court found no infirmity in this exercise of power in a recent order. We argue that it is Section 69A of the Information Technology Act 2000, and the Website Blocking Rules, which set out the legal provision and procedure empowering the State to block access to the Internet (if at all it is necessary), and not Section 144, CrPC.
Located in Internet Governance / Blog
Overview of the Constitutional Challenges to the IT Act: by Pranesh Prakash — published Dec 15, 2014 — last modified Dec 19, 2014 09:01 AM — filed under: IT Act, Court Case, Freedom of Speech and Expression, Intermediary Liability, Constitutional Law, Censorship, Section 66A, Article 19(1)(a), Blocking
There are currently ten cases before the Supreme Court challenging various provisions of the Information Technology Act, the rules made under that, and other laws, that are being heard jointly. Advocate Gopal Sankaranarayanan who's arguing Anoop M.K. v. Union of India has put together this chart that helps you track what's being challenged in each case.
Located in Internet Governance / Blog
The Constitutionality of Indian Surveillance Law: Public Emergency as a Condition Precedent for Intercepting Communications: by Bedavyasa Mohanty — published Jul 04, 2014 — last modified Aug 04, 2014 04:52 AM — filed under: Privacy, Internet Governance, Surveillance, surveillance technologies, Security, Article 19(1)(a)
Bedavyasa Mohanty analyses the nuances of interception of communications under the Indian Telegraph Act and the Indian Post Office Act. In this post he explores the historical bases of surveillance law in India and examines whether the administrative powers of intercepting communications are Constitutionally compatible.
Located in Internet Governance / Blog
FOEX Live: by Geetha Hariharan — published Jul 07, 2014 — last modified Jul 07, 2014 12:36 PM — filed under: Social Media, Feedback, Press Freedoms, Censorship, FOEX Live, Human Rights Online, Chilling Effect, Section 66A, Article 19(1)(a)
Selections of news on online freedom of expression and digital technology from across India (and some parts of the world)
Located in Internet Governance / Blog
Free Speech and Civil Defamation: by Gautam Bhatia — published Jun 25, 2014 — last modified Jul 08, 2014 08:31 AM — filed under: Censorship, Defamation, Freedom of Speech and Expression, Chilling Effect, Article 19(1)(a)
Does defamation become a tool in powerful hands to suppress criticism? Gautam Bhatia examines the strict and unrealistic demands of defamation law, and concludes that defamation suits are a weapon to silence dissent and bad press.
Located in Internet Governance / Blog
The Legal Validity of Internet Bans: Part I: by Geetha Hariharan and Padmini Baruah — published Oct 08, 2015 — last modified Oct 08, 2015 11:18 AM — filed under: Social Media, Freedom of Speech and Expression, Internet Access, 69A, Section 144, Article 19(1)(a), Blocking
In recent months, there has been a spree of bans on access to Internet services in Indian states, for different reasons. The State governments have relied on Section 144, Code of Criminal Procedure 1973 to institute such bans. Despite a legal challenge, the Gujarat High Court found no infirmity in this exercise of power in a recent order. We argue that it is Section 69A of the Information Technology Act 2000, and the Website Blocking Rules, which set out the legal provision and procedure empowering the State to block access to the Internet (if at all it is necessary), and not Section 144, CrPC.
Located in Internet Governance / Blog
Facebook and its Aversion to Anonymous and Pseudonymous Speech: by Jessamine Mathew — published Jul 04, 2014 — filed under: Social Media, Privacy, Freedom of Speech and Expression, Facebook, Chilling Effect, Anonymity, Pseudonimity, Article 19(1)(a)
Jessamine Mathew explores Facebook's "real name" policy and its implications for the right to free speech.
Located in Internet Governance / Blog
Free Speech and Source Protection for Journalists: by Gautam Bhatia — published Jun 19, 2014 — last modified Jun 19, 2014 08:10 PM — filed under: Checking Value, Freedom of Speech and Expression, Press Freedoms, Journalistic Privilege, Source Protection, Chilling Effect, Article 19(1)(a), Journalistic Sources
Gautam Bhatia explores journalistic source protection from the perspective of the right to freedom of speech & expression. In this post, he articulates clearly the centrality of source protection to press freedoms, and surveys the differing legal standards in the US, Europe and India.
Located in Internet Governance / Blog
Free Speech and Surveillance: by Gautam Bhatia — published Jul 07, 2014 — filed under: Netra, Privacy, Freedom of Speech and Expression, Surveillance, Censorship, Central Monitoring System, Article 19(1)(a)
Gautam Bhatia examines the constitutionality of surveillance by the Indian state.
Located in Internet Governance / Blog

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