Centre for Internet and Society

Govt tweaks enforcement of IT Act after spate of arrests

praskrishna — 2012-11-30T08:27:01Z

The government on Thursday tweaked the law to make it tougher for citizens to be arrested for online comments that are deemed offensive after recent arrests came in for heavy criticism by Internet activists, the media and other groups.

Surabhi Agarwal's article was published in LiveMint on November 29, 2012. Pranesh Prakash is quoted.

This took place just before the Supreme Court was to hear a public interest litigation seeking an amendment to the Information Technology (IT) Act.

Complaints under the controversial Section 66A of the IT Act, which criminalizes “causing annoyance or inconvenience” online or electronically, can be registered only with the permission of an officer of or above the rank of deputy commissioner of police, and inspector general in metro cities, said a senior government official.

The government, however, has not amended the terms in the section that are said to be vague and subject to interpretation.

The public interest litigation against Section 66A filed by student Shreya Singhal came up in chief justice Altamas Kabir’s court on Thursday. The matter will be heard on Friday.

Two girls near Mumbai were arrested last week for criticizing on Facebook the shutdown in the city for Shiv Sena chief Bal Thackeray’s funeral. Earlier in November, a businessman in Puducherry was arrested for comments made on Twitter against finance minister P. Chidambaram’s son Karti Chidambaram.

According to people present at the meeting of the cyber regulatory advisory committee on Thursday, the Union government will issue guidelines to states with respect to the compliance of the new enforcement rules soon. The people didn’t want to be named. An official said the move was not related to the case.

Pranesh Prakash, policy director at the Centre for Internet and Society think tank, said that while the change in the law is a step in the right direction and will eliminate a lot of frivolous complaints, more needs to be done to make the legislation specific.

Chief justice Kabir said the apex court was considering taking suo motu cognisance of recent incidents.

Singhal contended in her plea that “the phraseology of section 66A of the IT Act, 2000, is so wide and vague and incapable of being judged on objective standards, that it is susceptible to wanton abuse and, hence, falls foul of Article 14, 19 (1)(a) and Article 21 of the Constitution.”

She submitted that “unless there is judicial sanction as a prerequisite to the setting into motion the criminal law with respect to freedom of speech and expression, the law as it stands is highly susceptible to abuse and for muzzling free speech in the country.”

The PIL was argued by Mukul Rohatgi, who said in his opening remarks that Section 66A was vague. Terms such as “offensive” and “annoyance” should be clearly defined as the section is part of criminal law, he said.

Senior advocate Harish Salve, who was also present during the hearing, said India guaranteed the right to “annoy” and there was no need to have a separate law.

Salve, who is in the process of filing an intervention on behalf of some technology companies, added that the section needed to be narrowed to specifically cater to private messages sent electronically and not social media communications.

He said the existing law of defamation should suffice and could be extended to include electronic communications. According to a lawyer who is part of the team representing Singhal, the petition also demanded that the law be made non-cognisable so that the police can’t make an arrest without an order from a magistrate.

“There has been a lot of misuse and abuse of the law recently and we want it to be struck down absolutely and also the court to issue guidelines,” he said.

Apart from the incident at Palghar in Thane district involving the two girls, Singhal’s PIL referred to an April incident in which a professor of chemistry from Jadavpur University in West Bengal, Ambikesh Mahapatra, was arrested for posting a cartoon concerning chief minister Mamata Banerjee on a social networking site.

She also referred to the Puducherry case as well as the May arrests of two Air India Ltd employees, V. Jaganatharao and Mayank Sharma, by the Mumbai Police under the IT Act for posting content on Facebook and Orkut against a trade union leader and some politicians.

Singhal has sought guidelines from the apex court to “reconcile Section 41 and 156 (1) of the Criminal Procedure Code (CPC) with Article 19 (1)(a) of the Constitution” and that offences under the Indian Penal Code and any other legislation, if they involve the freedom of speech and expression, be treated as a non-cognizable offences for the purposes of Sections 41 and 156 (1).

Section 41 of CPC empowers the police to arrest any person without an order from a magistrate and without a warrant in the event that the offence involved is a cognizable offence. Section 156 (1) empowers the investigation by the police into a cognizable offence without an order from a magistrate.

The government official present at the cyber regulatory advisory committee said the expressions used in Section 66A had been taken from different statutes around the world, including the UK and the US.

“There has been a broad consensus that the parameters of the law concerned might be in order but from a procedural standpoint there might be difficulty,” the official said.

Prakash said that while some of the terms in the section may be taken from legislation overseas, the penalty imposed under the Indian law is far more stringent at three years of imprisonment than, for instance, six months under the UK law. “Criminal offences can’t be put at the same level as something which causes insult.”

The cyber regulatory advisory committee meeting was attended by minister for communications and information technolgy Kapil Sibal, and secretaries of the department of telecommunications and information technology, besides representatives of technology companies such as Google and Facebook, industry associations and civil society.

The official also said that the situation will be reviewed every three to four months based on “ground realities”.

A government official said on condition of anonymity that the decision to revive the cyber regulatory advisory committee had been taken at a meeting in August. Section 66A was put on the agenda since it was the subject of much debate, he said. The meeting, however, was not a pre-emptive measure ahead of the PIL that was taken up in the Supreme Court. The official also said that the government will spell out its position in court in favour of the legislation.

For more details visit https://cis-india.org/news/livemint-politics-november-29-2012-surabhi-agarwal-govt-tweaks-enforcement-of-it-act-after-spate-of-arrests

Govt orders blocking of 300 specific URLs including 16 Twitter accounts

praskrishna — 2012-08-24T13:29:40Z

The government stepped up its efforts to stop what it feels is an online campaign of misinformation and rumour mongering in the wake of lower Assam riots and ordered blocking of 16 Twitter accounts, including two belonging to journalists, considered sympathetic to the right in India.

Published in the Times of India on August 24, 2012. Pranesh Prakash is quoted.

The department of telecommunications (DoT) ordered blocking of the accounts on August 20. The blocked accounts include those maintained by a columnist and a journalist working for a TV channel. Twitter accounts @sanghparivar, @drpraveentogadia and @i_panchajanya are also mentioned.

The 16 Twitter accounts are part of a list containing over 300 specific URLs that internet service providers (ISPs) in India have been told to block. The list is dominated by URLs belonging to Facebook and Youtube. Indian government allegedly found 102 URLs on Facebook and 85 URLs on YouTube where communally sensitive content was posted. According to a blogpost at Centre for Internet and Society (CIS), a non-profit organization that got hold of the list on Wednesday, almost "all of the blocked items have content that are related to communal issues and rioting".

At the same time, Pranesh Paraksh, a CIS official, noted on the blog that it was unclear if the government exercised its powers responsibly in this case. "The blocking of many of the items on the list are legally questionable and morally indefensible, even while a large number of the items ought to be removed," he wrote.

According to the leaked list, Indian government also blocked 30 Twitter URLs, 3 Wikipedia URLs, 11 Blogger URLs and 8 Wordpress URLs. Some URLs belong to Pakistani websites. The list also contained URLs belonging to several mainstream media websites, including The Telegraph and Al Jazeera.

The blocking of Twitter accounts was partial due to technical challenges. The accounts have been blocked with the help of ISPs and not Twitter. Accessing them from India shows web users a message, saying "This website/URL has been blocked until further notice either pursuant to Court orders or on the Directions issued by the Department of Telecommunications". Also, the block works only if the accounts are accessed using HTTP and not HTTPS protocol. Twitter allows users to force HTTPS, which is a secure protocol and doesn't let ISPs see the content that a user is accessing.

Due to the partial block, accounts remained active. When Nirupama Rao, India's ambassador to the US, talked on Twitter about a discussion on a news channel on the subject of social media and government's current policy, one of the "blocked" accounts tweeted back to her saying, "@NMenonRao Is that why UPA Govt has blocked my Twitter handle? Is that the reason? A reply would help." Following the Twitter profile ban, which was reported around midnight on Wednesday, several Twitter users in India started hashtag #Emergency2012. A few hours later, #Emergency2012 and #GOIBlocks were among the top trending topics on Twitter for India.

For more details visit https://cis-india.org/news/times-of-india-aug-24-2012-govt-orders-blocking-of-300-specific-urls-including-16-twitter-accounts

Govt in line of fire over web censorship

praskrishna — 2012-08-25T03:13:19Z

Social media abuzz with allegations of government gagging free speech in the garb of curbing hate messages.

This article by Surabhi Agarwal was published in LiveMint on August 24, 2012. Pranesh Prakash is quoted.

The government is once again in the line of fire over web censorship, with allegations rampant on social media Thursday that it was gagging free speech in the garb of containing hate messages that had led to communal violence and a panic exodus by people from the north-eastern states in some cities.

According to a list first published on its website by The Economic Times, Twitter accounts of some journalists including Kanchan Gupta, a former columnist of the Pioneer newspaper, Shiv Aroor, deputy editor at the Headlines Today news channel, and those of some individuals associated with and sympathetic to right-wing causes have been blocked.

The block wasn’t in place for some of the accounts late Thursday, although this could have been because some internet service providers were slow to follow the government’s orders.

There was outrage on social media, especially on Twitter where #Emergency2012 and #GOIBlocks quickly became top trending topics on the micro-blogging website for India.

“Was it wrong to seek help of Indians for the victims of Assam Riots? Is it a crime in India if you help your fellow citizens in need?” tweeted Anil Kohli, whose account Twitanic is also on the list of blocked Twitter accounts.

Pravin Togadia, international working president of the right-wing Vishwa Hindu Parishad, tweeted: “Some say Gvt blocked my twitter account, some say this, some say that! It is my REAL twitter account. Block TRUTH & there will be 1000M Togadias!”

The government has issued four orders over the last one week to block over 300 web pages. According to a post by Pranesh Prakash of the Centre for Internet and Society, 33% of them were on Facebook, 28% on Google Inc.’s YouTube and around 10% on Twitter.com.

Prakash told Mint that there may be a case of excessive censorship in the damage-control exercise following the communal violence and the scaremongering that followed but the motives do not seem political. “Both Kanchan Gupta and Swapan Dasgupta seem to be having a right wing ideology, but while the former’s account is blocked the latter’s is not,” Prakash said. “The difference is on the kind of content which has been posted.”

While he would accuse the government of not taking sufficient care while drawing up the list, he couldn’t accuse it of trying to curb media freedom. “It is too far (fetched) an accusation and I am not making it.”

For more details visit https://cis-india.org/news/www-livemint-com-aug-24-2012-surabhi-agarwal-govt-in-line-of-fire-over-web-censorship

Govt goes after porn, makes ISPs ban sites

praskrishna — 2013-07-01T10:11:29Z

The government has decided to put a blanket ban on several websites that allow users to share pornographic content.

The article by Javed Anwer was published in the Times of India on June 26, 2013. Sunil Abraham is quoted.

In an order dated June 13, department of telecom (DoT) has directed internet service providers (ISPs) to block 39 websites. Most of them are web forums, where internet users share images and URLs to download pornographic files. But some of these websites are also image hosts and file hosts, mostly used to store and share files that are non-pornographic.

While watching or distributing child pornography is illegal in India, watching adult pornography is not banned. The blocked websites are hosted outside India and claim to operate under the 18 USC 2257 rule enforced by the US. The rule specifies that producers of pornographic material are required to retain records showing performers were over 18 years of age at the time of video or image shoot.

The DoT order doesn't specify any reason or law under which the websites have been blocked. It says, "It has been decided to immediately block the access to the following URLs... you are accordingly directed to immediately block the access to above URLs."

If a user visits the blocked website, he/she is either shown a blank page or a message telling "this website has been blocked until further notice either pursuant to court orders or on the directions issued by the Department of Telecommunications".

A senior DoT official, who pleaded anonymity because he is not authorized to speak to the media, said the department was just following the orders issued by cyber security coordination committee and hence could not talk about the specific reasons behind the block.

Centre for Internet and Society (CIS), a Bangalore-based organization, says blocking of pornographic website is overreach on the part of the government.

"In the case of file hosts and image hosts, which people use for various purposes including for storing personal files, the DoT order is a clear overreach," said Sunil Abraham, director of CIS. "Even in the case of pornography, there is nothing in the IT Act that can be used to block websites hosted outside in India."

He added, "There is a possibility that government is interpreting some sections of the IT Act to suit its purpose but I feel that is wrong and should be challenged in the court by ISPs if they care about the rights of their users."

Rajesh Chharia, president of Internet Service Providers Association of India, said that it was not possible for ISPs to pushback orders from DoT. "We are the licensee and we have to operate under the laws... we can't pushback," he said.

"But I feel ideally the government should ask the people who have produced objectionable content to remove it from the web if these people are in India... If they are outside, the websites should be blocked at the international cable landing stations. Involving 150-odd ISPs to implement an order is not the right way to do it," added Chharia.

Though IT Act doesn't criminalize watching porn, the new rules notified in 2011 have certain provisions that show the government wants to dictate what people watch or do not watch on the web. For example, the rules ask an intermediary like an ISP to "inform users of computer resources not to host, display, upload, modify, publish, and transmit any information that is obscene and pornographic".

The rules meant for cyber cafe owners specify that they "shall display a board, clearly visible to the users, prohibiting them from viewing pornographic sites as well as copying or downloading information which is prohibited under the law".

Abraham says that going after pornographic websites, and that too in a non-transparent manner, serves no purpose.

"I have travelled to China and Middle East and have seen that people access pornographic websites using various web tools. In fact, by banning websites the governments have made it more alluring for users to watch and access pornography," he said. None of the western democracies have explicit ban on pornography.

Abraham added that Indian government should also be more transparent about blocking websites because the current method was prone to abuse. "They should notify owner of the blocked website, clearly tell web users why a website is getting blocked and tell public how many websites they have blocked."

For more details visit https://cis-india.org/news/times-of-india-javed-anwer-june-26-2013-govt-goes-after-porn-makes-isps-ban-sites

Govt cracks down on Twitter

praskrishna — 2012-08-25T02:09:42Z

India’s crackdown on social media platforms for hosting “inflammatory” content — following the violence in Assam and the exodus of northeastern people from several cities — seems to have been a little reckless.

Published in the Hindustan Times on August 24, 2012. Pranesh Prakash is quoted.

The government’s order to internet service providers to block 310 webpages between August 18-21 goes beyond blocking doctored images and videos uploaded to incite passions. Instead, it seeks to block 16 Twitter handles, including those of VHP leader Pravin Togadia and two journalists and even reportage of sectarian violence in international and domestic news websites.

“Block TRUTH & there will be 1000M Togadias!” Togadia tweeted, as the virtual world erupted in protests.

The home ministry insisted it had not asked for individual Twitter handles to be blocked, only for removal of malicious content.

Earlier in the day, the micro-blogging site opened dialogue with the government but sought clarifications before taking a call on blocking content.

"Twitter has promised to cooperate on handles resembling the PMO's," said communications adviser to the PM Pankaj Pachouri, emphasising that the PMO's only demand is that Twitter handle the case in accordance with its rules.

Also on the government's block list are blogs in India and Pakistan that tried to educate web surfers about the morphed photos. One was apparently written by a government officer in Mumbai.

Critics slammed the government for its "ham-handed" and "artless" handling of the situation, which they said came after the morphed images and videos had already done damage.

The Bangalore-headquartered Centre for Internet & Society said the "goodness of the government's intentions seems unquestionable" but it appears to have gone overboard and not by the book.

"The blocking was done without due process of law," Pranesh Prakash at CIS observed. He argued that the government should have engaged with the social media platforms since a majority —217 out of 310 —of the block orders were aimed at Facebook, YouTube, and Twitter.

For more details visit https://cis-india.org/news/www-hindustantimes-com-aug-24-2012-govt-cracks-down-on-twitter

Govt cracks down on cyber jehad network, blocks access to 32 websites

praskrishna — 2015-01-03T03:29:21Z

The Modi government is starting the New Year with the resolve to wipe out terror and it has cracked down on websites that have been carrying anti-India views and spreading the propaganda of the Islamic State (IS).

The article published in India Today on January 1, 2015 quotes Pranesh Prakash.

Reacting to an alert from the antiterror squad of a state police department, the Department of Telecom (DoT) has blocked access to 32 websites. The DoT order that was tweeted by Pranesh Prakash, policy director of the Bangalore-based research organisation, said that 32 URLs have been blocked under section 69 of the Information and Technology Act, 2000.

The order was reportedly issued on December 16 and it was shared on Twitter on Wednesday. GitHub, Archive.org, Imgur, Vimeo, Daily Motion, Pastebin, sourceforge, justpaste, cryptbin were among the sites that were blocked.

As reports emerged on the ban of these sites, there was outrage on Twitter on the issue of internet censorship. However, most of the websites mentioned in the list that were to be blocked were accessible. Pastebin and Internet Archive, two websites that have reportedly been blocked, tweeted their views.

"If you are from India and unable to visit Pastebin, please email us," Pastebin tweeted on December 19. Internet Archive tweeted on December 31 that they too received complaints from users in India who can't access its website.

Reacting to the outrage, Arvind Gupta, national head of the BJP IT Cell took to Twitter and said that these sites have been blocked after an alert from an anti-terrorism squad that most of them were carrying anti-India content from the Islamic State (IS).

"We should congratulate the government for taking a preventive and precautionary step in a proactive manner based on an advisory," Gupta told Mail Today.

He added that he does not have any details of the Department of Telecommunications (DoT) order and only reacted to the Twitter debate on the subject.

Intelligence agencies have been struggling to monitor terror activities on cyber space. There have been reports of terror groups using social media to attract young minds to jehadi ideology.

The recent arrest of Bangalore-based executive Mehdi Masroor Biswas, who was operating a Twitter handle under the the name @ShamiWitness and promoting the views of the Islamic State, has come as a wake-up call for security agencies. Biswas, an engineer working as a "manufacturing executive" with ITC Foods, was nabbed from his rented oneroom apartment after a news report stated that his was the most popular IS Twitter account with close to 17,000 followers, and his tweets were getting viewed over two lakh times a month.

Sources said there are close to 30,000 such Twitter handles and other social media forums along with websites that are spewing venom, and little can be done to monitor all of them and act on time. With cyber threat becoming a clear and present danger, the Centre has decided to set up a highlevel committee to only monitor social media and cyber space. Counter-terror officials believe that the jehadi nexus has a huge bearing on India as youth active on social media are vulnerable to the propaganda being carried out online.

Other than @ShamiWitness, there are Twitter handles such as @MagnetGas with radical views and pro-IS tone that are now under the lens. What is disturbing is that many such sites are India-specific and some are believed to be handled by Indians.

"If there is misuse of Internet and social media, it needs to be dealt with legally. The Internet is like a public place, so if there are extreme views, the state needs to exercise its powers," says D.C. Pathak, former chief of the Intelligence Bureau.

This is not the first time that the DoT has clamped down on websites for promoting "objectionable" content. In June 2013, 39 websites that allowed users to share pornographic content were reportedly blocked.

For more details visit https://cis-india.org/internet-governance/news/india-today-january-1-2015-govt-cracks-down-on-cyber-jehad-network-blocks-access-to-32-websites

Govt blocks 32 websites, including Vimeo and Github

praskrishna — 2015-01-02T16:09:24Z

The websites that have been blocked were based on an advisory by Anti Terrorism Squad, and were carrying anti-India content from ISIS.

The article by Moulishree Srivastava was published in Livemint on December 31, 2014. Pranesh Prakash gave his inputs.

The Indian government has blocked access to 32 websites based on the advice of an anti-terrorism team. The blocked URLs (uniform resource locator, an address to any website on the Internet) include files, videos and source code-sharing websites such as dailymotion.com, github.com, vimeo.com and archive.org.

In an order, tweeted by Pranesh Prakash, policy director at the Bengaluru-based research organization Centre for Internet and Society on Wednesday, the department of telecom said the 32 URLs had been blocked under Section 69 of the Information Technology Act, 2000, and under Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009. “The websites that have been blocked were based on an advisory by Anti Terrorism Squad, and were carrying anti-India content from ISIS (Islamic State of Iraq and Syria),” Arvind Gupta, head of the ruling Bharatiya Janata Party’s information technology cell, said in a message on Twitter.

His tweet came in response to a backlash to the move from Internet users. “The sites that have removed objectionable content and/or cooperated with the ongoing investigations, are being unblocked,” he added. If Internet service providers (ISPs) don’t comply with the demand, they are liable to being penalized, the order said.

The rules give the central government powers to block access to information if it is in the interest of the “sovereignty and integrity of India, defence of India, security of the state, friendly relations with foreign states or public order or for preventing incitement to the commission of any cognizable offence relating to above.” Intermediaries failing to comply with the rules are punishable with fines and prison terms of up to seven years, it notes. “Pastebin is still blocked in India.

We are getting many reports about this. The Indian government has blocked us...,” said one of the source code sharing websites, Pastebin.com, in a tweet. This is not the first time the government has cracked down on websites. A recent report by Freedom House, an independent watchdog, said the information ministry received a total of 130 court orders to block Web content between February 2009 and December 2013.

In February 2014, the then minister of communication and information technology told Parliament that 62 URLs were blocked in 2013 under Section 69A for hosting objectionable information with the potential to disturb public order. As many as 82 URLs were blocked on 18 September 2013 in addition to 26 blocked a week earlier after violence escalated between Hindu and Muslim communities in Muzaffarnagar district of Uttar Pradesh. A total of 362 URLs were blocked in response to communal violence in the northeast, the report said. “The problem isn’t just about the specific sites that are blocked; the prob(lem) always about the bad law...,” tweeted Prakash. “The 69A rules don’t allow for transparency, accountability, time-limits on blocks, etc. So easily misused by govt. + courts + individuals.”

For more details visit https://cis-india.org/internet-governance/news/livemint-december-31-2014-moulishree-srivastava-govt-blocks-32-websites

Government to hold talks with stakeholders on Internet censorship

praskrishna — 2012-09-04T03:39:32Z

In an unprecedented move, the government, through the Department of Telecommunications and the Department of Electronics and Information Technology, has agreed to initiate dialogue on Internet censorship with mega Internet companies, social media giants such as Google and Facebook, members of civil society, technical community, media, ISPs and legal experts.

This article by Shalini Singh was published in the Hindu on September 4, 2012. Pranesh Prakash's analysis is quoted.

The triggers for the discussion, which will be held on Wednesday, are the riots in Assam, Mumbai and Uttar Pradesh, as well as the mass exodus of north-east Indians from Bangalore, which resulted in bringing the government, civil society organisations and the media to a flashpoint.

Two of India’s seniormost officers in the area of Internet censorship, DoT Secretary R. Chandrashekhar and Director General, CERT-IN, Gulshan Rai will engage with a range of stakeholders in a two-hour meeting titled ‘Legitimate Restrictions on Freedom of Online Speech: The need for balance – from Deadlock to Dialogue.’

Other panellists include representatives from Google and Facebook; Pranesh Prakash from the Centre for Internet and Society (a civil society group); Prabir Purkayasta, Delhi Science Forum (technical community); Paranjoy Guha Thakurta, president, Foundation for Media Professionals; Rajesh Chharia, president, Internet Service Providers Association of India; and Apar Gupta, an advocate dealing with cyber issues.

One analysis by the CIS has shown that 309 specific items, including URLs, Twitter accounts, IMG tags, blog posts and blogs were blocked. Complaints arose when blocking a page resulted in the blocking of an entire website — which has scores or hundreds of web pages. The government maintained that this was necessary as there was a sense of crisis. Home Minister Sushil Kumar Shinde insisted that the government was “taking strict action only against those accounts or people which are causing damage or spreading rumours.” However, the collateral damage of the move was the Twitter accounts of several people, including journalists like Kanchan Gupta, being blocked.

“Mass censorship is like killing a fly with a sledgehammer. Rather than blocking the sites, the government should have used the same media, Facebook, Twitter and Google to counter terrorism and hate speech. I am glad that they are now open to dialogue,” says Mr. Thakurta.

“It is an extremely productive move as it will generate awareness among content providers, government and users. In the absence of any dialogue, everyone was just sticking to their own positions without listening to the other stakeholders’ point of view,” says Mr. Chharia.

The meeting is to bring several stakeholders in dialogue on a single platform.

Nearly 50 other experts from industry, mobile service providers, Internet companies, intermediaries, academia and some international organisations as well as multilaterals are expected to join the conference, which will be held at 2.30 p.m. on September 4 at FICCI.

While this is seen as a brave attempt by some, there are an equal number of sceptics who believe that the discussion may not yield the desired result given the national security objectives governing law enforcement agencies on the one hand and the desire of users, media and civil society to preserve free speech on the other. Clearly, ISPs, Internet companies and social media are in a tough spot since they face legal obligations on legitimate orders for blocking on one hand while needing to protect their user privacy and rights to unhindered access to information.

If successful, it is possible that this dialogue will ensure that legitimate restrictions do not slide into illegitimate censorship.

For more details visit https://cis-india.org/news/www-the-hindu-com-shalini-singh-sep-4-2012-govt-to-hold-talks-with-stakeholders-on-internet-censorship

Government may tieup with global police, Interpol to fight child pornography

praskrishna — 2015-09-27T10:25:44Z

International partnerships, including with the global police network Interpol, could be the basis for India's strategy to counter child pornography after the government's move to ban websites peddling smut backfired last month.

The article by Surabhi Agarwal was published in the Economic Times on September 3, 2015. Sunil Abraham was quoted.

The new approach by the ministry of communications and information technology mirrors the system adopted by developed countries, government officials said, representing a targetted attack on child pornography instead of the recent fiasco when the authorities backtracked in the face of protests after banning 857 websites.

Once it comes on board as a partner, the International Criminal Police Organization will alert India about production, distribution or broadcast of child pornographic content regularly. India will also have access to an Interpol database known as the 'worst of ' list of domains with content containing child sexual abuse.

"The country is not divided on the issue of child pornography and the government has made a policy statement that it will deal with the problem firmly. So that will be guiding the entire action," a senior government official said. The person said that the government is still studying the model and a call will be taken soon.

A partnership with the UK-based Internet Watch Foundation, which maintains a database on child pornography and collaborates with the British government, is also being considered.

Interpol manages a database which uses sophisticated image comparison software to make connections between victims and places. The foundation also maintains a similar database which is constantly updated. It sends alerts to members twice each day.

"That's the global best practice," said Sunil Abraham, executive director of Bangalore based advocacy group Centre for Internet and Society. "There is no reason for us to reinvent anything; we should just adopt the best practice with some improvements." For a long time, the government and Internet service providers have been passing the buck to each other on this issue, arguing that they don't have the wherewithal to create a database on such content and block it. "This is because as per the Indian laws, anyone who looks at such content even with the motive of blocking it is committing a punishable offense," said Abraham. In August the government said it was banning 857 pornographic websites, only to backtrack amidst widespread criticism and a rap from the Supreme Court. Almost all the websites have been unblocked now with the exception of a few which allegedly contain child pornographic content.

During the hearing in the Supreme Court, the Internet Service Providers Association of India (ISPAI) said that it is impossible for an ISP to block pornographic sites without orders from the court or department of telecom and that the task of identifying such websites should not be the domain of internet service providers. A decision on the issue will work in the government's favour since the next hearing in the matter is slated for October. "Once the country has access to some list which is authentic and verified, regular action can be taken," a government official said.

As per initial discussions, the dominant point of view is for ISPAI to be the point of contact between the government and international organisations. It will be tasked with vetting the list and receiving blocking orders from the telecom department so that further action can be taken.

For more details visit https://cis-india.org/internet-governance/news/economic-times-september-3-2015-surabhi-agarwal-govt-tie-up-with-global-police-interpol-to-fight-child-pornography

Government blocks over 60 websites including github & sourceforge on anti-terror advisory

praskrishna — 2015-01-02T14:22:58Z

Over 60 websites and links, including popular online tools like Github and Sourceforge used by thousands of programmers have been blocked in India, triggering angry protests by Internet users.

The article by P.K. Jayadevan and Neha Alawadhi was published in the Economic Times on December 31, 2014. Pranesh Prakash gave his inputs.

The websites were blocked for hosting content that is pro terrorist group ISIS and not cooperating with government investigations, officials said.

Arvind Gupta, the head of IT Cell, BJP Tweeted: "The websites that have been blocked were based on an advisory by Anti Terrorism Squad, and were carrying Anti India content from ISIS. The sites that have removed objectionable content and/or cooperated with the on going investigations, are being unblocked."

Based on an order issued by the country's telecom department, in a letter dated December 17 and a subsequent letter on December 19, over 60 websites have been blocked by various internet service providers in the country.

While some internet service providers are yet to block these websites, many users have been reporting frequent outages in these web services over the last two weeks.

Websites like Pastebin don't host any content but are a platform for users to paste text. Popular video networks like Vimeo and Dailymotion are among the websites that have been blocked.

Officials from the department of Information Technology and the department of telecom were not available for comment. "These are all providing very dangerous kind of cut and paste services..You can take code, cut it, paste it, remove it, delete it," said one government official who requested anonymity.

The government has invoked section 69A of the Information technology Act (2000) and Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules ("Blocking Rules") to ban these websites.

Many websites have been blocked in India from time to time on various grounds. In September, following the Muzaffarnagar riots, over 80 websites and links on social media were blocked.

However, the inclusion of services like Github and Sourceforge that host code for open source software are causing much anger among the developer community. "Sometimes they might need to block specific URLs, but blocking the entire website is wrong or they haven't thought through it," said Thejesh GN, the co-founder of Datameet and an open source developer.

"There is also a lack of transparency where people don't get to know why their sites were blocked," he added.

"We're aware of reports of connectivity issues in India. We're looking into it, and will update with more information when we have it," a Github spokesperson said.

In June 2014, the Delhi High Court ordered a block of 472 file sharing websites including Google Docs and Pirate Bay following a complaint filed by Sony Entertainment. The entertainment company was hacked and contents from its servers were shared by hackers on various file sharing websites. In earlier instances, many websites have been blocked for copyright infringement as well.

"Courts unfortunately are not exercising restraint and are indulging ignorant copyright lawyers," said Pranesh Prakash, Policy Director at the Centre for Internet and Society. Prakash said that most of the sites on the list don't host copyrighted material themselves and a case can not be made against them.

For more details visit https://cis-india.org/internet-governance/news/economic-times-december-31-2014-jayadevan-neha-alawadhi-december-31-2014-govt-blocks-over-60-websites

Government blocks 32 websites to check ISIS propaganda

praskrishna — 2015-01-02T13:37:39Z

The Centre has blocked 32 websites, including vimeo.com, dailymotion.com, pastebin.com and github.com, in an effort to curb ISIS propaganda, prompting a wave of online protests.

The article by Kim Arora was published in the Times of India on January 1, 2015. Pranesh Prakash gave his inputs.

An Indian "hacktivist" group, Anonymous India, has threatened reprisal. By Wednesday evening, however, websites that had complied with the government order to remove objectionable content had been unblocked, sources said.

A confidential department of telecom order, dated December 17, instructing all internet service licensees to block the websites appeared online on Wednesday. When contacted to verify the news, Dr Gulshan Rai, director of the Indian Computer Emergency Response Team (CERT-In), told TOI the directions had been issued to internet service providers following a Mumbai additional chief metropolitan magistrate's November order directing the government's Department of Electronics and Information Technology (DeitY) to implement the same.

He added that Mumbai's Anti-Terrorism Squad (ATS) had approached the judiciary after interrogating Arif Majeed, a 23-year-old ISIS recruit from Kalyan. More recently, Bengaluru professional Mehdi Biswas was arrested for allegedly spreading ISIS propaganda on Twitter. "These websites were being used to invite youths to join ISIS. We had contacted the websites sometime back and asked for the removal of the objectionable content. At that time, our communications were ignored. Some of them have now agreed to work with the government. The websites that have complied are being unblocked," Rai told TOI.

The move met with opposition from the online community. While the tech community opposed the Github ban, others were upset about video-sharing websites like dailymotion.com and vimeo.com being taken down. "By blocking vimeo and dailymotion along with other websites, India is walking in the footsteps of Pakistan," tweeted @baawraman.

The list of websites in the DoT document was heavy on large text-sharing and collaboration websites, like Github and Pastebin, popular with coders and software developers. Many objected to the blocking of entire websites instead of specific URLs hosting problematic content. However, Rai explained that individual URLs could not be blocked because of the "high mobility of content" on the websites. "It can just be removed and pasted elsewhere. There are no checks and balances," he said.

Hacktivist group Anonymous India tweeted, "One fine morning, Indian government decided to block sites like Github. Now now, it is time to wake-up. Government of India, Expect Us," a tweet from their handle @opindia_revenge said.

As questions began to be raised on social networks, BJP IT cell head Arvind Gupta tweeted, "The websites that have been blocked were based on an advisory by the Anti-Terrorism Squad, and were carrying anti-India content from ISIS. The sites that have removed objectionable content and/or cooperated with the ongoing investigations, are being unblocked."

The sustainability of counter-measures like blanket blocking to contain threats is being questioned. Prasanth Sugathan, counsel at Software Freedom and Law Center, said such a move is short-sighted. "If you block one website, terrorists can always use another one. Or they will move to using encrypted channels, peer-to-peer communication or even telephones. One can't block everything. In my opinion, such a move only inconveniences the daily users and doesn't solve the long-term purpose," said Sugathan. The sentiment was echoed by common Twitter users as well.

Prime Minister Narendra Modi's tweet from August 2012 condemning blanket blocking of websites was pulled out for recirculation. "As a common man, I join the protest against crackdown on freedom of speech! Have changed my DP. 'Sabko Sanmati De Bhagwan.' #GOIBlocks," Modi had tweeted on August 24, 2012.

Pranesh Prakash, policy director at Bengaluru-based Center for Internet and Society, questioned the lack of transparency around the practice of blocking websites under the Indian law. "Qn for govt: Why does the law require secrecy of web blocking orders when it doesn't allow such secrecy for books, films? #GoIBlocks," he tweeted, adding, "The 69A Rules don't allow for transparency, accountability, time-limits on blocks, etc. So easily misused by govt. + courts + individuals." The websites were blocked under section 69 A of the IT Act, 2000 and the IT (Procedure and sdafeguards for Blocking of Access of Information by Public) rules, 2009.

Currently, the Supreme Court is in the middle of hearing a clutch of petitions challenging several IT Act provisions, including blocking and takedown of websites.

For more details visit https://cis-india.org/internet-governance/news/the-times-of-india-jan-1-2015-kim-arora-government-blocks-32-websites-to-check-isis-propaganda

Government asks Twitter to block fake 'PMO India' accounts; site fails to respond

praskrishna — 2012-09-04T12:24:52Z

A standoff between the government and microblogging service Twitter, that has got India's online community up in arms, continues, as Twitter is still to act on India's requests to block some of the fake 'PMO India' accounts.

This article was published in the Economic Times on August 23, 2012. Sunil Abraham is quoted.

India's Minister for Communications and Information Technology Kapil Sibal said, "Twitter has not responded to our requests in a satisfactory manner. The fake accounts are still there. The government of India is contemplating what action should be taken against Twitter and this will be announced as soon as we have finalised our response," he said.

Sibal further added that the government received a response from the US Department of Justice, which also agreed that the content on the sites India sought to ban was inappropriate.

Twitter's operating code allows for parody accounts to be allowed as long as such accounts clearly identify as parody. The accounts in question - including @Indian_pm, @PMOIndiaa, @dryumyumsingh, @PM0India- do so.

Unlike other popular parody accounts of world leaders, though, some of these accounts make no attempt to 'spoof' tweets from the Prime Minister. The user of the @PM0India handle, with over 11 thousand followers, has changed their handle to @thehinduexpress, and tweeted "When I've to parody PM, I'll use the other a/c and RT that. For countering media and Congress, this ID will be used. To hell with censorship."

An email by ET to Twitter Inc, received no response at the time of going to press. However, news agency PTI quoted sources saying that Twitter has communicated to the PMO that it would be locating the "unlawful content". "India is important to us and we would like to have clearer communication in these matters in future," PTI quoted Twitter as saying. Official spokesperson for Indian Prime Minister's Office Pankaj Pachauri confirmed that Twitter is looking into the matter.

Over the past few days, the government has blocked around 300 websites which it blames for spreading rumours that triggered the exodus of people from the North East from several cities. Google and Facebook on Tuesday told ET they were working with India in removing content which can incite violence.

"There is clear evidence that these social networks have caused harm and disruption. However, they need to be clearer about the way they go about blocking sites and other links. The block order contained around 20 accounts and over 80 Youtube videos.

It also had several mainstream media reports and a few Pakistani sites," Sunil Abraham, executive director of Bangalore-based Centre for Internet and Society said. Analysts do not rule out the possibility that Twitter itself will be blocked in India if it does not act.

For more details visit https://cis-india.org/news/articles-economictimes-indiatimes-com-govt-asks-twitter-to-block-fake-pmo-india-accounts-site-fails-to-respond

Governing Speech on the Internet: From the Free Marketplace Policy to a Controlled 'Public Sphere'

Smarika Kumar — 2015-08-28T05:57:55Z

This post by Smarika Kumar is part of the 'Studying Internets in India' series. Smarika is a consultant with Alternative Law Forum, Bangalore. She is interested in issues concerning law and technology. In this essay, Smarika explores how through the use of policy and regulation, the private marketplace of the internet is sought to be reined in and reconciled to the public sphere, which is mostly represented through legislations governing the internet.

Introduction

The internet is widely thought to be unprecedented and radically different from the media which preceded it. Interestingly, the internet has been unlike other media, in that it does not have a history of being monopolised by governments. True, certain States have tried to regulate the internet in a manner which allows them to exercise an increased control over it, some others have a greater control over the internet root given the history of development of the internet, but nevertheless no one State can be said to “own” the internet in any jurisdiction, in the manner of telephone or broadcast monopolies. Internet as it stands now, at its essence, is a largely private of networks connecting privately-owned, and occasionally publicly-funded platforms.

This feature of the internet poses an interesting problem when one tries to think about speech. In law and policymaking, an important question remains: Should internet be treated as the marketplace of privately managed avenues for speech, or should speech on the internet be treated within the bigger concept of the public sphere? Moreover, how are law and policy in India currently disposed towards speech on the internet? In the present essay, I hope to discuss some of these issues by looking at the judgement in Shreya Singhal v. Union of India [1], which was pronounced by the Supreme Court of India in March 2015. The judgement is most widely recognised as a culmination of several challenges to Section 66A of the Information Technology Act, 2000 which criminalised a wide range of speech on the internet on the grounds of very broad terms like “grossly offensive”, “causing annoyance” and “inconvenience, danger, and obstruction.” Section 66A was challenged along with Sections 69A and 79 of the Act, which lay down the rules for blocking of content on the internet, and for intermediary liability and responsibility to take down internet content, respectively. This challenge was made on grounds of being in violation of the Right to Freedom of Speech and Expression and Right to Equality guaranteed by the Constitution of India among others. However, while the judgement struck down Section 66A as unconstitutional, it upheld the constitutionality of the State-directed Internet blocking Rules as well as Intermediary Liability Guidelines. This may pose a paradox if one accounts for the fact that at the heart of it, all—Section 66A, Section 69A and Section 79, were actually legislations regulating speech. Then why strike one down and uphold others? To seek an answer in the present essay, I broadly look at the philosophical origins of regulation of speech on the internet. Two theories in philosophy—John Stuart Mill’s The Marketplace of Ideas and Jurgen Habermas’ Public Sphere have been very influential in liberal democratic traditions and jurisdictions in thinking about the governance of speech. Scholarly work concerning media law in other jurisdictions has also elaborated on how each of these theories can be implicitly used differently in judicial interpretations to serve different ends [2]. In this, the Marketplace of Ideas approach tends to treat speech and platforms for speech as part of the competition within a market context, whereby different kinds of ideas or speech compete with each other to find an avenue for expression. The Public Sphere approach on the other hand, treats different kinds of speech as part of a larger democratic concept of discussion and speech, whereby the aspiration is for representation of diverse kinds and sources of speech, rather than competition between them.

With the utilisation of these different underlying philosophical assumptions, legal implications can be so vastly different. And when that happens, it becomes essential to trace the process of how these philosophical approaches themselves work in legal argumentation. For these reasons, it becomes critical to probe the thinking in Shreya Singhal judgement to understand which philosophical attitude to speech it actually inheres: the Marketplace of Ideas conception, or the Public Sphere approach? I argue in this essay that while traces of both the Marketplace of Ideas and the Public Sphere approach are present in Shreya Singhal, neither of these philosophies actually govern the rationale of the judgement. An analysis of Shreya Singhal along with the judgement in Cricket Association of Bengal (1995) [3] which it refers to, shows that it is in fact, a third philosophy, rooted in the impulse of colonial control, which gives Shreya Singhal its philosophical consistency.

The Marketplace of Ideas in Shreya Singhal

The judgement in Shreya Singhal actually employs the idea of the marketplace in its approach to discuss the implications of Section 66A. It begins by referring to the 2010 Supreme Court judgement of S. Khushboo v. Kanniamal and Anr [4] which had spoken about the concept of the marketplace of ideas, and how employing it is essential to safeguard “unpopular speech” under the Right to Freedom of Speech and Expression in the Article 19(1)(a) of the Constitution of India. The Court marks out this reference to the marketplace of ideas, tracing this concept back to the 1919 American judgement of Abrams v. United States [5]. The Supreme Court states, talking about the Khushboo case:

This last judgement is important in that it refers to the “market place of ideas” concept that has permeated American Law. This was put in the felicitous words of Justice Holmes in his famous dissent in Abrams v. United States, 250 US 616 (1919), thus: “But when men have realized that time has upset many fighting faiths, they may come to believe even more than they believe the very foundations of their own conduct that the ultimate good desired is better reached by free trade in ideas-that the best test of truth is the power of thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes safely can be carried out. That at any rate is the theory of our Constitution.” (para 11)

The Supreme Court judgement goes onto trace the history of Marketplace of Ideas in American jurisprudence, and understand its place within the Indian Constitution. The Court holds:

This leads us to a discussion of what is the content of the expression “freedom of speech and expression”. There are three concepts which are fundamental in understanding the reach of this most basic of human rights. The first is discussion, the second is advocacy, and the third is incitement. Mere discussion or even advocacy of a particular cause howsoever unpopular is at the heart of Article 19(1)(a). It is only when such discussion or advocacy reaches the level of incitement that Article 19(2) kicks in. (para 13)

The Marketplace of Ideas then becomes the philosophical tenet which pivots the judgement around its unique jurisprudential concept: the distinction between discussion, advocacy and incitement. This conception of the marketplace holds that State interference in speech on the internet has to be kept off as long as the condition of such speech being incitement is not fulfilled. In a way, this is a hands-off approach to the governance of speech which is solidified in the Court’s declaration of the unconstitutionality of Section 66A. The Court refers to the American judgement of Reno, Attorney General of United States v. American Civil Liberties Union [6] to bring this logic to speech on the internet as well. Citing the district court judgement in this case, it holds:

[I]t is no exaggeration to conclude that the Internet has achieved, and continues to achieve, the most participatory marketplace of mass speech that this country – and indeed the world – as yet seen. The plaintiffs in these actions correctly describe the ‘democratizing’ effects of Internet communication: individual citizens of limited means can speak to a worldwide audience on issues of concern to them. Federalists and Anti-federalists may debate the structure of their government nightly, but these debates occur in newsgroups or chat rooms rather than in pamphlets. Modern-day Luthers still post their theses, but to electronic bulletins boards rather than the door of the Wittenberg Schlosskirche. More mundane (but from a constitutional perspective, equally important) dialogue occurs between aspiring artists, or French cooks, or dog lovers, or fly fishermen. 929 F. Supp. At 881. (at page 425) (para 60)

Shreya Singhal’s striking down of 66A then becomes founded in the idea that the State need not interfere in what kind of speech is made in the marketplace of the internet, as long as such speech does not amount to incitement. In a particular sphere of speech which is “not incitement” then, the logic of the Marketplace of Ideas approach seems to work in the Shreya Singhal judgement.

Recognition of the Limitations of the Marketplace of Ideas and a Move towards Public Sphere

One would then surmise that the use of the Marketplace of Ideas approach is what makes Shreya Singhal such a pro-freedom of speech pronouncement. But interestingly, the judgement also cites the matter of The Secretary, Ministry of Information & Broadcasting v. Cricket Association of Bengal and Anr [3] which has been remarkable for outlining the limitations of the marketplace in the governance and production of a diversity of opinions and sources in speech. The Cricket Association of Bengal case was brought forth before the Supreme Court in 1995, after the liberalisation regime in media, to challenge the constitutionality of preventing a private broadcaster to use Indian airwaves in order to exclusively broadcast a cricket match.

The Court, while holding that there was no such exclusive right inhering in a private broadcaster since airwaves had to be allocated and used in public interest, also held that the limitations on a private broadcaster’s right to broadcast also could not extend beyond Article 19(2). In doing so, the Court recognises that the marketplace in a free and competitive system may not always be sufficient enough to make use of the media to generate and represent speech which is in the democratic public interest of discussion and advocacy. Shreya Singhal cites this portion of the judgement in support of its own rationale of striking down Section 66A. It holds:

The right to use the airwaves and the content of the programmes, therefore, needs regulation for balancing it and as well as to prevent monopoly of information and views relayed, which is a potential danger flowing from the concentration of the right to broadcast/telecast in the hands either of a central agency or of few private affluent broadcasters. That is why the need to have a central agency representative of all sections of the society free from control both of the Government and the dominant influential sections of the society. This is not disputed. But to contend that on that account the restrictions to be imposed on the right under Article 19(1)(a) should be in addition to those permissible under Article 19(2) and dictated by the use of public resources in the best interests of the society at large, is to misconceive both the content of the freedom of speech and expression and the problems posed by the element of public property in, and the alleged scarcity of, the frequencies as well as by the wider reach of the media. (para 29)

The recognition in Shreya Singhal that unregulated, the marketplace can lead to “a monopoly of information and views relayed” flowing from the hands of “either a central agency or a few private affluent broadcasters” points to the limitation of the Marketplace of Ideas approach itself. Such recognition culminated into a more participation-focused idea of what it means to live in a democracy: the idea of a Public Sphere where regulation and governance of media is done in order to expand participation of different kinds of ideas and people within public speech. The Court again cites Cricket Association of Bengal in this regard to state:

When, however, there are surplus or unlimited resources and the public interests so demand or in any case do not prevent telecasting, the validity of the argument based on limitation of resources disappears. It is true that to own a frequency for the purposes of broadcasting is a costly affair and even when there are surplus or unlimited frequencies, only the affluent few will own them and will be in a position to use it to subserve their own interest by manipulating news and views. That also poses a danger to the freedom of speech and expression of the have-nots by denying them the truthful information on all sides of an issue which is so necessary to form a sound view on any subject. (para 29)

In background of this, it could be said that the Marketplace of Ideas, while it forms an important part of the backbone in the striking down of Section 66A, it is not all there is to it. The idea of participation in a Public Sphere is recognised as well, and to an extent it is the barrier to participation in this Public Sphere, which enables the declaration of Section 66A as unconstitutional.

Public Sphere or the Marketplace? : (N)either, but a Dynamics of Control

Much of the discourse around Shreya Singhal’s discussion on Sections 69A and 79, has seen it as divorced from the discussion around Section 66A. The discussion on Section 69A and 79 in the judegment has been seen as regressive, or ambiguous, while the portion of the judgement dealing with Section 66A has been largely been pronounced progressive and liberal. It has also been argued that the discussion on Section 66A in Shreya Singhal departs from a myriad previous judgements and their approach towards the governance of free speech [7]. I would like to argue on the contrary, that there is in fact, a deep continuity in the judgement on various provisions, as well as with prior judgements on speech, as far as the approach which is taken towards the governance of speech generally, and speech on the internet, specifically, is concerned.

To understand this continuity, it is of critical importance to note how the approaches of Public Sphere and the Marketplace of Ideas are contrasted in Cricket Association of Bengal, and by reference in Shreya Singhal as well—while the former is used to justify regulation for participation of a larger public in reception of information from the media, and the latter to keep off excessive interference by the Government. Moreover, the judgement also seems to conflate the Marketplace of Ideas and the Public Sphere conceptions of speech governance when it states:

It is clear, therefore, that the petitioners are correct in saying that the public’s right to know is directly affected by Section 66A. Information of all kinds is roped in – such information may have scientific, literary or artistic value, it may refer to current events, it may be obscene or seditious. That such information may cause annoyance or inconvenience to some is how the offence is made out. It is clear that the right of the people to know – the market place of ideas – which the internet provides to persons of all kinds is what attracts Section 66A. (para 20)

One notes in the abovementioned extract that the right to know is seen to emerge from the Marketplace of Ideas rather than through participation in the Public Sphere. In light of these observations, one can then ask the question: What is really at the philosophical heart of Shreya Singhal judgement when it can employ both these approaches? One can argue that the focus of the judgement is to balance these two approaches for the governance of speech. But what is the aim of such an attempt to “balance”? Where is it really leading to? The answer may lie in analysing the rest of Shreya Singhal, including its pronouncements on Executive Rules under Section 69A and Section 79, both of which while being regressive, were upheld as constitutional.

The issue under Section 69A concerned the constitutional validity of the Blocking Rules of the internet, while that under Section 79 concerned the liability of intermediaries on the internet. What is interesting is that the Court in its analysis of Rules under both these sections does not go into the grounds which have been prescribed for the blocking of websites, or for pinning intermediary liability. Commenting on the Rules under Section 69A, the judgement holds:

Merely because certain additional safeguards such as those found in Section 95 and 96 CrPC are not available does not make the Rules constitutionally infirm. We are of the view that the Rules are not constitutionally infirm in any manner. (para 111)

Additionally it places emphasis on the premise the satisfaction of the Central Government that it is necessary to block a website, is a valuable assumption to proceed with the blocking of such website within the tenet of Article 19(2). It holds:

It will be noticed that Section 69A unlike Section 66A is a narrowly drawn provision with several safeguards. First and foremost, blocking can only be resorted to where the Central Government is satisfied that it is necessary so to do. (para 109)

Similarly, for the Rules under Section 79, the Court strikes down the premise that private censorship of internet content based on the judgement of intermediaries is constitutionally permissible. (see para 117) However, it upholds constitutionality of removal of content by an intermediary upon knowledge of a court order to this effect, as well as knowledge of notification by the appropriate government. It states:

Section 79(3)(b) has to be read down to mean that the intermediary upon receiving actual knowledge that a court order has been passed asking it to expeditiously remove or disable access to certain material must then fail to expeditiously remove or disable access to that material. This is for the reason that otherwise it would be very difficult for intermediaries like Google, Facebook etc. to act when millions of requests are made and the intermediary is then to judge as to which of such requests are legitimate and which are not. We have been informed that in other countries worldwide this view has gained acceptance, Argentina being in the forefront. Also, the Court order and/or the notification by the appropriate Government or its agency must strictly conform to the subject matters laid down in Article 19(2). (para 117)

In this manner while the power of speech regulation is taken away from private intermediaries existing in the Marketplace of Ideas, it is restored within the organs of the State—the Judiciary and the Executive. This may not necessarily be repressive, as long as these powers of regulations are used to actually expand the Public Sphere, rather than limiting or controlling it. But the architecture of the regulations under both Sections 69A, and 79 suggest that they have been designed for control, rather than promoting discussion in the Public Sphere, as is evident from the strong censorship models they employ.

Such type of speech regulation aimed at creating a State-controlled “Public Sphere” has a long history: It has been additionally opined that the First Amendment to the Constitution which expanded the grounds under Article 19(2) embodies this colonial continuity within the Constitution framework itself [8]. Eminent lawyer, Rajeev Dhavan has analysed the colonial history of laws governing speech in India to observe continuity from the administration then, to the post-independence orientation of speech laws, to point out that an inherent distrust of the media has always existed in the legal structure, be it before or after the Indian Constitution. He traces such form of legal structure to a desire to control, rather than enable the “public” rooted in the context of colonial rather than democratic pressures [9].

This trend also links back to what happens in the case of Cricket Association of Bengal which is cited in support of the striking down of Section 66A in Shreya Singhal. In Cricket Association of Bengal, while there is a recognition of the limitations of Marketplace of Ideas in how it can concentrate participation in democratic discussions only to the hands of those with adequate purchasing power,9 it also fails to amend this through a process of greater participation and representation of diverse public on media. What it broadly does instead is conflate the public to the State, holding that it is only through State-administered public broadcasting that greater participation and representation of diverse public on media can happen. Accordingly, Justice B.P. Jeevan Reddy in his judgement states:

Public good lies in ensuring plurality of opinions, views and ideas and that would scarcely be served by private broadcasters, who would be and who are bound to be actuated by profit motive. There is a far greater likelihood of these private broadcasters indulging in misinformation, disinformation and manipulation of news and views than the government-controlled media, which is at least subject to public and parliamentary scrutiny. (para 181, emphasis added)

Such architecture of Government regulation in the governance of speech, visible both in Cricket Association of Bengal, and by extension in the 66A discussion in Shreya Singhal, but also in the Sections 69A and 79 discussion in the latter judgement, aspires not at expanding and creating a Habermasian Public Sphere of unlimited lively discussion, but rather, a pre-defined, controlled sphere of the “public” which behaves in congruence with the interests of the State. While on the surface it may seem to recognise the limits of the Marketplace of Ideas approach in speech governance and aim for reform of the same, in the bigger scheme of things, the criticism of the marketplace is really directed towards putting more control of public speech in the hands of the State machinery [9].

In such a background of the control trend, even a judgement like Shreya Singhal with such a progressive outcome, appears like a flash in the pan. It might allow for some seemingly liberal advancements in free speech, but it does so only within the larger structure of control mechanisms created for speech ingrained within a pre-independence, undemocratic form of governance which was disrespectful of an independent Public Sphere. The question which then needs to be asked is this: While judgements like Shreya Singhal strike down the really repressive, do they actually bring about a structural change in legal assumptions about public speech? Or is the same colonial desire of control which is permeating the most progressive pronouncements of our jurisdiction? Is it moving towards a participatory, diverse and independent Public Sphere, or something which appears close enough to free discussion, but really is carefully monitored to produced “socially relevant” content, whereby what is relevant is defined through a complicated State apparatus? As our speech laws move to the Internet Age, these are some questions we must ask if the hope for the law is to enable involved, democratic citizenry, rather than a colonial-flavoured Internet public.

References

[1] Judgement accessed from http://supremecourtofindia.nic.in/FileServer/2015-03-24_1427183283.pdf.

[2] Stein, Laura. 2006. Speech rights in America: The First Amendment, Democracy, and the Media. Chicago: University of Chicago Press.

[3] Judgement accessed from http://indiankanoon.org/doc/539407/.

[4] Judgement accessed from http://indiankanoon.org/doc/1327342/.

[5] 250 US 616 (1919).

[6] 521 U.S. 844 (1997).

[7] Bhatia, Gautam. 2015. At the Heart of the Landmark 66A Ruling: The Crucial Distinction between Advocacy and Incitement. Scroll. March 25. Accessed from http://scroll.in/article/716034/at-the-heart-of-the-landmark-66a-ruling-the-crucial-distinction-between-advocacy-and-incitement.

[8] See: Liang, Lawrence. 2011. Reasonable Restrictions and Unreasonable Speech. InfoChange. Accessed from http://infochangeindia.org/agenda/freedom-of-expression/reasonable-restrictions-and-unreasonable-speech.html. Also see: Acharya, Bhairav. 2015. Free Speech Policy in India: Community, Custom, Censorship, and the Future of Internet Regulation. May 06. Accessed from http://notacoda.net/2015/05/06/free-speech-policy-in-india-community-custom-censorship-and-the-future-of-internet-regulation/.

[9] Dhavan, Rajeev. 2009. Moral Consensus in a Law and Order Society. In Aravind Rajagopal (ed.), The Indian Public Sphere. Oxford University Press. Pp. 92-93.

[10] See the discussion in the previous section of this essay.

The post is published under Creative Commons Attribution 4.0 International license, and copyright is retained by the author.

For more details visit https://cis-india.org/raw/blog_governing-speech-on-the-internet

Google Policy Fellowship Programme: Call for Applications

praskrishna — 2012-05-24T15:38:28Z

The Centre for Internet & Society (CIS) is inviting applications for the Google Policy Fellowship programme. Google is providing a USD 7,500 stipend to the India Fellow, who will be selected by August 15, 2012.

The Google Policy Fellowship offers successful candidates an opportunity to develop research and debate on the fellowship focus areas, which include Access to Knowledge, Openness in India, Freedom of Expression, Privacy, and Telecom, for a period of about ten weeks starting from August 2012 upto October 2012. CIS will select the India Fellow. Send in your applications for the position by June 27, 2012.

To apply, please send to google.fellowship@cis-india.org the following materials:

Statement of Purpose: A brief write-up outlining about your interest and qualifications for the programme including the relevant academic, professional and extracurricular experiences. As part of the write-up, also explain on what you hope to gain from participation in the programme and what research work concerning free expression online you would like to further through this programme. (About 1200 words max).
Resume
Three references

Fellowship Focus Areas

Access to Knowledge: Studies looking at access to knowledge issues in India in light of copyright law, consumers law, parallel imports and the interplay between pervasive technologies and intellectual property rights, targeted at policymakers, Members of Parliament, publishers, photographers, filmmakers, etc.
Openness in India: Studies with policy recommendations on open access to scholarly literature, free access to law, open content, open standards, free and open source software, aimed at policymakers, policy researchers, academics and the general public.
Freedom of Expression: Studies on policy, regulatory and legislative issues concerning censorship and freedom of speech and expression online, aimed at bloggers, journalists, authors and the general public.
Privacy: Studies on privacy issues like data protection and the right to information, limits to privacy in light of the provisions of the constitution, media norms and privacy, banking and financial privacy, workplace privacy, privacy and wire-tapping, e-governance and privacy, medical privacy, consumer privacy, etc., aimed at policymakers and the public.
Telecom: Building awareness and capacity on telecommunication policy in India for researchers and academicians, policymakers and regulators, consumer and civil society organisations, education and library institutions and lay persons through the creation of a dedicated web based resource focusing on knowledge dissemination.

Frequently Asked Questions

What is the Google Policy Fellowship program?
The Google Policy Fellowship program offers students interested in Internet and technology related policy issues with an opportunity to spend their summer working on these issues at the Centre for Internet and Society at Bangalore. Students will work for a period of ten weeks starting from July 2012. The research agenda for the program is based on legal and policy frameworks in the region connected to the ground-level perceptions of the fellowship focus areas mentioned above.

I am an International student can I apply and participate in the program? Are there any age restrictions on participating?
Yes. You must be 18 years of age or older by January 1, 2012 to be eligible to participate in Google Policy Fellowship program in 2012.

Are there citizenship requirements for the Fellowship?
For the time being, we are only accepting students eligible to work in India (e.g. Indian citizens, permanent residents of India, and individuals presently holding an Indian student visa. Google cannot provide guidance or assistance on obtaining the necessary documentation to meet the criteria.

Who is eligible to participate as a student in Google Policy Fellowship program?
In order to participate in the program, you must be a student. Google defines a student as an individual enrolled in or accepted into an accredited institution including (but not necessarily limited to) colleges, universities, masters programs, PhD programs and undergraduate programs. Eligibility is based on enrollment in an accredited university by January 1, 2012.

I am an International student can I apply and participate in the program?
In order to participate in the program, you must be a student (see Google's definition of a student above). You must also be eligible to work in India (see section on citizen requirements for fellowship above). Google cannot provide guidance or assistance on obtaining the necessary documentation to meet this criterion.
I have been accepted into an accredited post-secondary school program, but have not yet begun attending. Can I still take part in the program?
As long as you are enrolled in a college or university program as of January 1, 2012, you are eligible to participate in the program.
I graduate in the middle of the program. Can I still participate?
As long as you are enrolled in a college or university program as of January 1, 2012, you are eligible to participate in the program.

Payments, Forms, and Other Administrative Stuff

How do payments work?*

Google will provide a stipend of USD 7,500 equivalent to each Fellow for the summer.

Accepted students in good standing with their host organization will receive a USD 2,500 stipend payable shortly after they begin the Fellowship in August 2012.
Students who receive passing mid-term evaluations by their host organization will receive a USD 1,500 stipend shortly after the mid-term evaluation in September 2012.
Students who receive passing final evaluations by their host organization and who have submitted their final program evaluations will receive a USD 3,500 stipend shortly after final evaluations in October 2012.

Please note: Payments will be made by electronic bank transfer, and are contingent upon satisfactory evaluations by the host organization, completion of all required enrollment and other forms. Fellows are responsible for payment of any taxes associated with their receipt of the Fellowship stipend.

*While the three step payment structure given here corresponds to the one in the United States, disbursement of the amount may be altered as felt necessary.

What documentation is required from students?

Students should be prepared, upon request, to provide Google or the host organization with transcripts from their accredited institution as proof of enrollment or admission status. Transcripts do not need to be official (photo copy of original will be sufficient).

I would like to use the work I did for my Google Policy Fellowship to obtain course credit from my university. Is this acceptable?

Yes. If you need documentation from Google to provide to your school for course credit, you can contact Google. We will not provide documentation until we have received a final evaluation from your mentoring organization.

Host Organizations

What is Google's relationship with the Centre for Internet and Society?

Google provides the funding and administrative support for individual fellows directly. Google and the Centre for Internet and Society are not partners or affiliates. The Centre for Internet and Society does not represent the views or opinions of Google and cannot bind Google legally.

Important Dates

What is the program timeline?

June 27, 2012	Student Application Deadline. Applications must be received by midnight.
July 18, 2012	Student applicants are notified of the status of their applications.
August 2012	Students begin their fellowship with the host organization (start date to be determined by students and the host organization); Google issues initial student stipends.
September 2012	Mid-term evaluations; Google issues mid-term stipends.
October 2012	Final evaluations; Google issues final stipends.

For more details visit https://cis-india.org/internet-governance/google-policy-fellowship

GNI and IAMAI Launch Interactive Slideshow Exploring Impact of India's Internet Laws

jyoti — 2014-07-17T12:01:01Z

The Global Network Initiative and the Internet and Mobile Association of India have come together to explain how India’s Internet and technology laws impact economic innovation and freedom of expression.

The Global Network Initiative (GNI), and the Internet and Mobile Association of India (IAMAI) have launched an interactive slide show exploring the impact of existing Internet laws on users and businesses in India. The slide show created by Newsbound, and to which Centre for Internet and Society (CIS) has contributed its comments—explain the existing legislative mechanisms prevalent in India, map the challenges of the regulatory environment and highlight areas where such mechanisms can be strengthened.

Foregrounding the difficulties of content regulation, the slides are aimed at informing users and the public of the constraints of current legal mechanisms in place, including safe harbour and take down and notice provisions. Highlighting Section 79(3) and the Intermediary Liability Rules issued in 2011, the slide show identifies some of the challenges faced by Internet platforms, such as the broad interpretation of the legislation by the executive branch.

Challenges governing Internet platforms highlighted in the slide show include uniform Terms of Service that do not consider the type of service being provided by the platform, uncertain requirements for taking down content and compliance obligations related to information disclosure. Further the issues of over compliance and misuse of the legal notice and take down system introduced under Section 79 of the Information Technology (Intermediaries Guidelines) Rules 2011.

The Rules were created with the purpose of providing guidelines for the ‘post-publication redressal mechanism expression as envisioned in the Constitution of India'. However, since their introduction, the Rules have been criticised extensively, by both the national and the international media on account of not conforming to principles of natural justice and freedom of expression. Critics have pointed out that by not recognising the different functions performed by the different intermediaries and by not providing safeguards against misuse of such mechanism for suppressing legitimate expression, the Rules have a chilling effect on freedom of expression.

Under the current Rules, the third party provider/creator of information is not given a chance to be heard by the intermediary, nor is there a requirement to give a reasoned decision by the intermediary to the creator whose content has been taken down. The take down procedure also, does not have any provisions for restoring the removed information, such as providing a counter notice filing mechanism or appealing to a higher authority. Further, the content criteria for removal of content includes terms like 'disparaging' and 'objectionable', which are not defined and prima facie seem to be beyond the reasonable restrictions envisioned by the Constitution of India. With uncertainty in content criteria and no safeguards to prevent abuse complainant may send frivolous complaints and suppress legitimate expressions without any fear of repercussions.

Most importantly, the redressal mechanism under the Rules shifts the burden of censorship, previously, the exclusive domain of the judiciary or the executive, and makes it the responsibility of private intermediaries. Often, private intermediaries, do not have sufficient legal resources to subjectively determine the legitimacy of a legal claim, resulting in over compliance to limit liability. The slide show cites the 2011 CIS research carried out by Rishabh Dara to determine whether the Rules lead to a chilling effect on online free expression, towards highlighting the issue of over compliance and self censorship.

The initiative is timely, given the change of guard in India, and stresses, not only the economic impact of fixing the Internet legal framework, but also the larger impact on users rights and freedom of expression. The initiative calls for a legal environment for the Internet that enables innovation, protects the rights of users, and provides clear rules and regulations for businesses large and small.

See the slideshow here: How India’s Internet Laws Can Help Propel the Country Forward

Other GNI reports and resources:

Closing the Gap: Indian Online Intermediaries and a Liability System Not Yet Fit for Purpose

Strengthening Protections for Online Platforms Could Add Billions to India’s GDP

For more details visit https://cis-india.org/internet-governance/blog/gni-and-iamai-launch-interactive-slideshow-exploring-impact-of-indias-internet-laws