Centre for Internet and Society

India's ‘Facebook ruling’ is another nail in the coffin of the MNO model

praskrishna — 2016-02-28T03:44:34Z

Ability to access 'net from mobe no longer considered a miracle.

The article was published in the Register on February 15, 2016. Pranesh Prakash gave inputs.

Nobody could accuse India’s telecoms regulator, TRAI, of being in the operators’ pockets. This month it has, once again, set eye-watering reserve prices for the upcoming 700 MHz spectrum auction (see separate item), and now it has taken one of the toughest stances in the world on net neutrality, in effect banning zero rated or discounted content deals like Reliance Communications’ Facebook Basics, or Bharti Airtel’s Zero.

In a ruling last Monday, TRAI said telecoms providers are banned from offering discriminatory tariffs for data services based on content, and from entering deals to subsidize access to certain websites. They have six months to wind down any existing arrangements which contravene the new rules. Its stance is even stricter than in other countries with strong pro-neutrality laws, such as Brazil and The Netherlands.

“This is the most extensive and stringent regulation on differential pricing anywhere in the world,” Pranesh Prakash, policy director at the Centre for Internet and Society, said. “Those who suggested regulation in place of complete ban have clearly lost.”

Such decisions, combined with high spectrum costs, will quickly make the traditional cellular business model unworkable in India, and the more that happens, the more wireless internet innovation will switch to open networks running on Wi-Fi and unlicensed spectrum. R.S. Sharma, chairman of TRAI, was careful to tell reporters that the zero rating ruling would not affect any plans to offer free Wi-Fi services, like those planned by Google in a venture with Indian Railways.

A disaster for MNOs, not Facebook

Facebook pronounced itself “disappointed” at TRAI’s ruling, having lobbied aggressively for a more flexible approach since RCOM was forced to suspend the Basics offering in December while the consultation process took place. But while the ruling bars the Basics offering – which provided free, low speed access, on RCOM’s network, to a selection of websites, curated by Facebook – it does not stop the social media giant pursuing other initiatives within its internet.org umbrella. These include projects to extend access using its own networks, powered by drones and unlicensed spectrum, to the unserved of India and other emerging economies.

So while the TRAI decision may be a setback for Facebook, it is not the body blow that it represents for the MNOs with their huge debt loads and infrastructure costs, and low ARPUs. Facebook, with 130m users in India, has a comparable reach to the Indian MNOs (only three, Bharti Airtel, Vodafone and Idea, have more subscribers than Facebook has users), and is better skilled at monetizing those consumers.

The challenge for companies like Facebook is that strict neutrality rules reduce their ability to harness others’ networks in order to reach out to new users. There are about 240m people in India who are online, but don’t use Facebook, and about 800m who are not connected, so the growth potential is far larger than in the other 37 countries where Basics is offered, such as Kenya or Zambia (Facebook is blocked in China). Using RCOM’s network and marketing activities was a far cheaper way to reach some of those people than launching drones, but Facebook has other options too, including its existing efforts to make its services more usable on very basic handsets and connections; the ability to leverage the WhatsApp brand; and partnerships with Wi-Fi providers.

The drones may have less immediate results than Basics, but they are a high profile example of an ongoing shift towards open networks, which has been going on for years, driven more by Wi-Fi proliferation than neutrality laws. The latter will be an accelerant, however.

All internet will be free, not zero rated

Currently, zero rating is an increasingly popular tactic to lure users with an apparently cheap deal and then, hopefully, see them upgrade to richer data plans, or spend money on m-commerce and premium content, in future. Zero rating involves allowing users access to selected websites and services without it affecting their data caps or allowances.

The US regulator has so far tolerated the practice, but the debate is raging, there and elsewhere, over whether it infringes neutrality laws, by offering different pricing for different internet services. If other authorities take the stance adopted by TRAI in India, operators will have to find new ways to attract customers and differentiate themselves.

Increasingly, access to a truly open internet will be the baseline, and priced extremely low. That low pricing will be made commercially viable by rising use of Wi-Fi to reduce cost of data delivery, whether for MNOs, wireline providers or web players like Google and Facebook, which are moving into access provision. Providers, whether traditional or new, will have to stop regarding access to the internet as a premium service or a privilege – it will be more akin to connecting someone to the electricity grid, just the base enabler of the real revenue model.

Just as it’s only when users plug something into that grid that they start to pay fees, so the operators will charge for higher value offerings which ride on top of the internet – premium content, enterprise services, cloud storage, freemium applications and so on.

The mobile operators have not embraced these ideas willingly. For years, the ability to access the internet from a mobile device was regarded as a value-add, almost a miracle. Now that the wireless network is often the primary access method, they need to change their ideas and be more like the smarter cablecos – which have tacked internet access onto a model driven by paid-for content and services – or the web giants, which have worked out ways to monetize ‘free’ access, from advertising to big data.

This, of course, is one of the goals of internet.org and Google’s similar initiatives involving drones, white space spectrum and satellites. The more users are able to access the internet, preferably for free, and the more they see Google or Facebook as their primary conduits to the web, the more data these companies have to feed into their deep learning platforms, their context aware services and their advertising and big data engines.

So while critics of TRAI said the zero rating decision was a setback to the goal of getting internet access into the hands of the huge underserved population of India, that population is too large and potentially rich for Facebook and its rivals to give up at the first hurdle.

Facebook CEO Mark Zuckerberg wrote in a blog post: "While we're disappointed with today's decision, I want to personally communicate that we are committed to keep working to break down barriers to connectivity in India and around the world. Internet.org has many initiatives, and we will keep working until everyone has access to the internet."

For more details visit https://cis-india.org/telecom/news/the-register-february-15-2016-india-facebook-ruling-is-another-nail-in-coffin-of-mno-model

India won't censor social media: Telecom Minister

praskrishna — 2012-03-01T07:15:29Z

India does not intend to censor online social networks such as Facebook, a minister said Tuesday, but he demanded that they obey the same rules governing the press and other media. The article by AFP was published in the Tribune on February 14, 2012.

“I never wanted to censor social media and no government wants to do so. But like the print and electronic media, they have to obey the laws of the country.” He held a number of meetings with leading Internet companies late last year in which he asked about the possibility of checking content before it is posted online by users.

The minister was said to have shown Internet executives examples of obscene images found on the Internet that risked offending Muslims or defaming politicians, including the boss of the ruling Congress party, Sonia Gandhi. “The media reported I had said I wanted to pre-screen the content on social media. I have never even heard the word pre-screen,” he told the summit.

Since these meetings, 19 Internet firms including Google, Yahoo! and Facebook have been targeted in criminal and civil cases lodged in lower courts, holding them responsible for content posted by users of their platforms. The government has given its sanction for the firms to be tried for serious crimes such as fomenting religious hatred and spreading social discord — offences that could land company directors in prison.

“All I want is that they (social media) should follow the laws of the land. Social media must not consider itself to be above that,” Sibal said. But Internet privacy groups say social media sites may not have the resources to screen obscene material that violates local laws posted on the Internet. Local laws prohibit the sale or distribution of obscene material as well as those that can hurt religious sentiments in overwhelmingly-Hindu India.

“It is just not humanly possible to pre-censor content and Sibal knows that very well,” said Rajan Gandhi, founder of a New Delhi-based advocacy group Society in Action. Pranesh Prakash of the Bangalore-based Centre for Internet and Society said he was “glad Sibal does not believe in censorship and that companies operating in India should follow local laws.” “But on the other hand he has asked them to evolve new guidelines and actively monitor user content which is not legally sanctioned. This makes him look two-faced,” Prakash added.

Google and Facebook said earlier this month they had removed the allegedly offensive content used as evidence in the court cases.

The groups have appealed to the Delhi High Court asking for the cases against them to be quashed on the basis they cannot be held responsible for their clients’ actions. The comments of a judge hearing the case raised further fears that freedom of expression online could be restricted. “You must have a stringent check. Otherwise, like in China, we may pass orders banning all such websites,” the judge said at the January hearing. Facebook is banned in China and Google moved its operations out of the country in 2010 in protest at censorship laws there.

The debate about social networks mirrors a larger national dialogue about freedom of speech in the world’s biggest democracy following recent protests by religious groups. Indian-origin writer Salman Rushdie was prevented from speaking at a literature festival in Jaipur last month after Muslim groups protested against his presence over his allegedly blasphemous 1988 novel “The Satanic Verses.” A group led by author and journalist Nilanjana Roy organised public readings of banned literary works on Monday to protest against what it said were recent curbs on intellectual freedom.

The initiative, called “Flashreads for free speech”, was widely advertised on social networks including Twitter and Facebook.

Originally published by AFP and reproduced in the Tribune.

For more details visit https://cis-india.org/news/india-wont-censor-social-media

India threatens action against Twitter for ethnic violence 'rumors'

praskrishna — 2012-08-27T02:52:55Z

India threatened to take action on Thursday against Twitter over content alleged to have inflamed ethnic tensions, as leaked documents revealed the government scrambling to censor online material.

Published in the China Post on August 24, 2012. CIS is quoted.

More than 309 orders have been issued demanding the removal of posts, images and links on websites including Facebook and Twitter as well as Australian news channel ABC, broadcaster Al-Jazeera and London's The Daily Telegraph newspaper.

The government has blamed Internet sites for spreading rumors that Muslims would attack students and workers who have migrated from the northeast to live in Bangalore and other southern cities.

Tens of thousands of people fled back to India's remote northeast region last week, fearing an outbreak of violence.

The government has demanded that Twitter and other social network sites remove “inflammatory and harmful” material. It has also banned bulk text messages.

“If Twitter fails to respond to our request, we will take appropriate action,” senior home ministry official R.K. Singh said in the Times of India newspaper. “We have asked the information technology ministry to serve them a notice.”

The paper added that the government had set a deadline of Thursday for Twitter to respond.

The Bangalore-based Centre for Internet and Society (CIS) research group published analysis of the blocking orders sent by the Department of Telecommunications to domestic Internet services providers from August 18-21.

The CIS said that of the 309 separate items that the government ordered the providers to be blocked, the most affected sites were Facebook, YouTube, Twitter and Blogspot.

Content on websites for ABC, Al-Jazeera, The Times of India, The Daily Telegraph and online Catholic portal www.catholic.org were also targeted by the orders, though details of the contentious material are not known.

Twitter representatives were not available to comment, but both Facebook and Google this week said they were in communication with Indian authorities and already had policies banning content that incited violence.

The government has complained it was not receiving timely cooperation from social network groups over its attempts to ban “hateful” content.

On Thursday it said Twitter had agreed to remove six fake accounts pretending to be postings by Indian Prime Minister Manmohan Singh.

“Officials at Twitter have told us they are reviewing our request ... and they intend to cooperate,” Pankaj Pachauri, the premier's spokesman, told AFP.

For more details visit https://cis-india.org/news/www-china-post-aug-24-2012-india-threatens-action-against-twitter-for-ethnic-violence-rumors

India should reconsider its proposed regulation of online content

gurshabad — 2019-01-24T16:59:07Z

The lack of technical considerations in the proposal is also apparent since implementing the proposal is infeasible for certain intermediaries. End-to-end encrypted messaging services cannot “identify” unlawful content since they cannot decrypt it. Presumably, the government’s intention is not to disallow end-to-end encryption so that intermediaries can monitor content.

The article was published in the Hindustan Times on January 24, 2019. The author would like to thank Akriti Bopanna and Aayush Rathi for their feedback.

Flowing from the Information Technology (IT) Act, India’s current intermediary liability regime roughly adheres to the “safe harbour” principle, i.e. intermediaries (online platforms and service providers) are not liable for the content they host or transmit if they act as mere conduits in the network, don’t abet illegal activity, and comply with requests from authorised government bodies and the judiciary. This paradigm allows intermediaries that primarily transmit user-generated content to provide their services without constant paranoia, and can be partly credited for the proliferation of online content. The law and IT minister shared the intent to change the rules this July when discussing concerns of online platforms being used “to spread incorrect facts projected as news and designed to instigate people to commit crime”.

On December 24, the government published and invited comments to the draft intermediary liability rules. The draft rules significantly expand “due diligence” intermediaries must observe to qualify as safe harbours: they mandate enabling “tracing” of the originator of information, taking down content in response to government and court orders within 24 hours, and responding to information requests and assisting investigations within 72 hours. Most problematically, the draft rules go much further than the stated intentions: draft Rule 3(9) mandates intermediaries to deploy automated tools for “proactively identifying and removing [...] unlawful information or content”.

The first glaring problem is that “unlawful information or content” is not defined. A conservative reading of the draft rules will presume that the phrase means restrictions on free speech permissible under Article 19(2) of the Constitution, including that relate to national integrity, “defamation” and “incitement to an offence”.

Ambiguity aside, is mandating intermediaries to monitor for “unlawful content” a valid requirement under “due diligence”? To qualify as a safe harbour, if an intermediary must monitor for all unlawful content, then is it substantively different from an intermediary that has active control over its content and not a safe harbour? Clearly, the requirement of monitoring for all “unlawful content” is so onerous that it is contrary to the philosophy of safe harbours envisioned by the law.

By mandating automated detection and removal of unlawful content, the proposed rules shift the burden of appraising legality of content from the state to private entities. The rule may run afoul of the Supreme Court’s reasoning in Shreya Singhal v Union of India wherein it read down a similar provision because, among other reasons, it required an intermediary to “apply [...] its own mind to whether information should or should not be blocked”. “Actual knowledge” of illegal content, since then, has held to accrue to the intermediary only when it receives a court or government order.

Given the inconsistencies with legal precedence, the rules may not stand judicial scrutiny if notified in their current form.

The lack of technical considerations in the proposal is also apparent since implementing the proposal is infeasible for certain intermediaries. End-to-end encrypted messaging services cannot “identify” unlawful content since they cannot decrypt it. Internet service providers also qualify as safe harbours: how will they identify unlawful content when it passes encrypted through their network? Presumably, the government’s intention is not to disallow end-to-end encryption so that intermediaries can monitor content.

Intermediaries that can implement the rules, like social media platforms, will leave the task to algorithms that perform even specific tasks poorly. Just recently, Tumblr flagged its own examples of permitted nudity as pornography, and Youtube slapped a video of randomly-generated white noise with five copyright-infringement notices. Identifying more contextual expression, such as defamation or incitement to offences, is a much more complex problem. In the lack of accurate judgement, platforms will be happy to avoid liability by taking content down without verifying whether it violated law. Rule 3(9) also makes no distinction between large and small intermediaries, and has no requirement for an appeal system available to users whose content is taken down. Thus, the proposed rules set up an incentive structure entirely deleterious to the exercise of the right to freedom of expression. Given the wide amplitude and ambiguity of India’s restrictions on free speech, online platforms will end up removing swathes of content to avoid liability if the draft rules are notified.

The use of draconian laws to quell dissent plays a recurring role in the history of the Indian state. The draft rules follow India’s proclivity to join the ignominious company of authoritarian nations when it comes to disrespecting protections for freedom of expression. To add insult to injury, the draft rules are abstruse, ignore legal precedence, and betray a poor technological understanding. The government should reconsider the proposed regulation and the stance which inspired it, both of which are unsuited for a democratic republic.

For more details visit https://cis-india.org/internet-governance/blog/hindustan-times-gurshabad-grover-january-24-2019-india-should-reconsider-its-proposed-regulation-of-online-content

India Sets Strict New Net Neutrality Rules

praskrishna — 2016-02-11T01:53:19Z

In India, advocates of net neutrality have welcomed new rules by the telecom regulator that have blocked efforts by Facebook to offer free but limited access to the web in the country’s fast growing Internet market.

The article by Anjana Pasricha was published in Voice of America on February 9, 2016. Sunil Abraham was quoted.

In a widely awaited ruling, the Telecom Regulator Authority of India (TRAI) said on Monday that “no service provider shall charge differential pricing on the basis of application, platforms or websites or sources." It will impose penalties of $735 a day if the regulations are broken.

Kiran Jonnalagadda, who was among a group of 10 that launched an impassioned campaign called Save the Internet, says they have won a “fabulous” victory against large corporations to ensure equal web access for millions.

“We were up against the most powerful companies in the world, we had no chance of fighting Airtel last year, we had no chance of fighting Facebook. I think the only reason it worked is that we were on the side of facts, the opposition was not,” says Jonnalagadda.

Debate on Airtel

The campaign on net neutrality snowballed into a nationwide public debate after an Indian telecom company, Airtel, launched a marketing platform last April on which it planned to offer customers access with no data charges to certain Internet services and sites.

In recent weeks, the focus turned to “Free Basics”, a service being offered by Facebook on mobile phones to a handful of sites in areas such as communication, healthcare, and education.

Saying it wanted to vastly expand Internet access in poor, rural areas, Facebook had launched a massive advertising campaign in support of the platform. Only about 300 million in the country of 1.2 billion people have access to the net, many just through mobile devices.

But campaigners slammed Free Basics as “poor Internet for poor people” and said it would create a “walled garden” in which Facebook would control the content it offered users. Leading Indian technology entrepreneurs and university professors also called on the government to guard against attempts by Internet giants to turn the country into a “digital colony.”

Many of them have applauded the regulator’s move to strengthen net neutrality.

Ban on differential pricing

However, some are raising questions about the the complete ban on differential pricing announced by the regulator. That includes the Bangalore-based Center for Internet and Society research group, which says India has put in place the most stringent net neutrality regulations across the world. Its executive director, Sunil Abraham, says TRAI cited the examples of the Netherlands and Chile, but the ban on differential pricing in those countries is not as absolute as the one notified in India.

“We think that if proper technological safeguards and other market safeguards are put in place, it would be possible to have both — to have rapid growth in Internet access and reduced harm that emerge[s] from network neutrality violations,” says Abraham.

Indeed, the last word may not have been said on net neutrality in India as big telecom operators are expected to mount legal challenges to the regulator’s ruling in the coming months.

Expressing disappointment with India’s ruling, the Cellular Operators Association of India has called the ban on differential pricing a “welfare reducing measure” that could block an avenue for “less advantaged citizens to move to increased economic growth and prosperity by harnessing the power of the Internet.”

In a statement, Facebook has said “we will continue our efforts to eliminate barriers and give the unconnected an easier path to the Internet.”

But after having tasted victory, the volunteers at Save the Internet, who have grown from about 10 to 100 in the last year, have already set their sights on another aspect of net neutrality besides differential pricing.

“The campaign is not going to retire because this is not the end of it. There is also discrimination on the basis of speed, which the regulator has not taken up yet,” says Jonnalagadda.

For more details visit https://cis-india.org/internet-governance/news/voice-of-america-anjana-pasricha-february-9-2016-india-sets-strict-new-net-neutrality-rules

India seeks a tighter grip on social media

praskrishna — 2012-08-25T03:02:35Z

India, with the world's third largest number of Facebook users, is clamping down on social media after recent posting of inflammatory videos on Web sites.

Published in United Press International on August 24, 2012. Pranesh Prakash is quoted.

But the United States urged New Delhi to find the right balance between freedom of speech and the need to maintain law and order, a report by The Times of India said.

The government's move to block sites it deems unacceptable comes after doctored videos showing apparent violence against Muslims in Assam created violent panic.

While officials say they believe the videos originated on Pakistani blogs, the issue highlighted the uneasy relationship between freedom of speech on the Internet and the government's need to damp down inter-ethnic tensions.

Union Home Secretary R.K. Singh said New Delhi will be raising the issue with Pakistani officials.

"I am sure they (Pakistan) will deny it but we have fairly accurate technical evidence to show that the images originated and were circulated from their territory," he said.

Last week Indian federal and state ministers as well as police authorities watched closely as Assamese Muslims living and working in Bangalore engulfed the train station seeking train ticket home after rumors of the Web site information swept through their community.

Rail authorities and train companies in Bangalore, in the southwest state of Karnataka, put on extra trains to Assam in the northeast to cope with the influx of people who said they feared an outbreak of ethnic violence.

Twitter promised to cooperate with the government after the Prime Minister's Office complained to it about objectionable content on six accounts resembling the PMO's official account, a Press Trust of India report said.

Twitter said it was "actively reviewing" the request and will seek information from the Ministry of Communication and IT "to locate the unlawful content and the specific unlawful tweet," the PTI report said.

Facebook said it will comply with requests from Indian authorities but only where posts broke its existing rules that apply in all countries, a report by the BBC said.

"We have received requests from Indian authorities and agencies and are working through those requests and responding to the agencies," Facebook said. "Content or individuals can be removed from Facebook for a variety of reasons including issuing direct calls for violence or perpetuating hate speech."

At stake for many Internet service providers, site developers and proxy servers is a slice of one of the world's potentially most lucrative advertising markets.

A report by Businessweek in May said India will have more users of Facebook -- which opened an office in India in 2010 -- than any other country by 2015.

India has around 46,300,000 Facebook users,Socialbakers, a social media analytics firm in London, says. This makes India the third-biggest Facebook market behind second-place Brazil with just more than 48 million users and first-place United States with nearly 157 million.

The growth of users in India is around 22 percent a month and will match the United States by the end of 2014, each having around 175 million users, Socialbakers said.

However, the United States has voiced concern that India may overstep a censorship mark in its attempt to stamp out offensive Web sites.

State Department spokeswoman Victoria Nuland said Washington has been monitoring the situation of Assamese Indians flooding back to Assam from southern India because of concerns about their personal safety.

The U.S. government is "going to obviously watch and see how that process goes forward."

"We are always on the side of full freedom of the Internet," Nuland said in a report by The Times of India.

"But as the Indian government continues to investigate these instances and preserve security, we also always urge the government to maintain its own commitment to human rights, fundamental freedoms, rule of law."

Nuland also said the U.S. government maintained "open lines to our own companies in India, as we do around the world, and we are obviously open to consultation with them if they need it from us."

The weight of the law may be against most of Internet intermediaries, Pranesh Prakash, a lawyer at the Bangalore-based Center for Internet and Society, said.

"The rules are very onerous on intermediaries, since they require them to act within 36 hours to disable access to any information that they receive a complaint about," Prakash wrote in an article The Indian Express newspaper in May 2011.

Any "affected person" according to technology laws can complain about issues including defamation, blasphemy, trademark infringement, threatening the integrity of India, disparaging speech or the blanket "in violation of any law."

It isn't mandatory to give the violator an opportunity to be heard before taking down their content.

"Since intermediaries would lose protection from the law if they didn't take down content, they have no incentives to uphold freedom of speech," Prakash said.

"They instead have been provided incentives to take down all content about which they receive complaints without a considered evaluation of the content."

For more details visit https://cis-india.org/news/www-upi-com-aug-24-2012-india-seeks-a-tighter-grip-on-social-media

India partially lifts Porn Ban?

praskrishna — 2015-09-20T06:30:34Z

India is said to have partially removed the porn ban. But many internet service providers have refused to restore access, due to a 'vague' government order.

The blog post by Nazhat Khan was published in DESI blitz on August 7, 2015.

India has partially lifted the ban of online pornography, just days after blocking user access to 857 adult websites.

The Indian government enforced the ban on July 30, 2015, only to reverse its decision on August 4, 2015. Ravi Shankar Prasad, the Communications and IT Minister, clarifies the ban only targets websites promoting child pornography.

He says: “A new notification will be issued shortly. The ban will be partially withdrawn. Sites that do not promote child porn will be unbanned.” Under the new order, internet service providers (ISPs) in India are allowed to unblock these 857 websites – except for those that contain child pornography.

This has caused another outrage. ISPs complain it is not within their capability and responsibility to do so. Internet Service Providers Association of India (ISPAI) explains: “ISPs have no way or mechanism to filter out child pornography from URLs, and the further unlimited sub-links.

“Hence, we request your good self to advise us immediately on the future course of action in this regard.

“Till your further directive, the ISPs are keeping the said 857 URLs disabled.”

An executive at an Indian ISP tells the Wall Street Journal: “How can we go ahead? What if something comes up tomorrow [on one of these sites], which has child porn, or something else?”

Pranesh Prakash, policy director at the Centre for Internet and Society, points out it is not right for the government to pass the ball over to private companies.

He says: “The onus cannot be put on the service providers. What the government is doing is inherently unfair, it is not what the law requires.” In effect, porn sites in India are still blocked. The Supreme Court and senior officials are yet to provide clearer directives for ISPs.

For more details visit https://cis-india.org/internet-governance/news/desi-blitz-august-7-2015-nazhat-khan-india-partially-lifts-porn-ban

India may not be guilty of opposing UN move to save internet rights

praskrishna — 2016-07-09T02:58:53Z

India is a democratic country, but the standards for freedom of expression promised to us—online and offline—are highly questionable, especially with online content being censured and comedians being threatened to be arrested for sedition.

This was published by Ciol on July 7, 2016.

So the media criticism came as no surprise when India supported the amendments proposed by countries like China and Russia last week when the United Nations Human Rights Council (UNHRC) passed a resolution on the “promotion, protection and enjoyment of human rights on the Internet”.

According to some media reports, countries like Russia, China, and Saudi Arabia, as well as democracies like South Africa and India, called for the UN to delete a passage in the resolution that ‘condemns unequivocally measures to intentionally prevent or disrupt access to our dissemination of information online’.”

India has also been struggling to draft a comprehensive privacy bill, and most recently came out with a geospatial information regulation bill that would establish ownership over all forms of location data.

However, the fact that the resolution was adopted without a vote (with oral revision)—as noted by the UNHRC—puts these news reports on a faulty ground. So technically, India did not ‘vote against’ the resolution. Moreover, none of the four amendments supported by India called for the deletion of a passage that condemned the prevention or disruption of Internet access and online information dissemination, as noted by the Centre for Internet and Society. Although, India flouts the said clause in spirit, back at home.

Out of the four amendments—L85-88 in the UNHRC resolution–the first amendment (L85) sought to include a reference to fighting against the exploitation of children online. This was withdrawn by Russia before it was considered by member states. L86 can truly be described as diluting language regarding freedom of expression online. L88 includes reference to hate speech, asks to introduce a new paragraph that states “Expresses its concern at the use of the Internet and information and communications technology to disseminate ideas based on racial superiority or hatred, and incitement to racial discrimination, xenophobia, and related intolerance.” This amendment was proposed by Belarus, China, Iran and the Russian Federation.

Considering that the Internet and other online media technologies are increasingly used for incitement and as a means of propagating intolerance and xenophobia in India and other Asian countries, the resolution does touch on an important issue. But it doesn’t seek to limit internet freedom particularly.

For more details visit https://cis-india.org/internet-governance/news/ciol-july-7-2016-india-may-not-be-guilty-of-opposing-un-move-to-save-internet-rights

India limits social media after civil unrest

praskrishna — 2012-09-04T11:59:01Z

Indian officials have gone too far in limiting text messages and pressuring local Internet firms as well as Twitter and others to block accounts, critics say.

This article by Mark Magnier was published in Los Angeles Times on August 23, 2012 and re-posted in Channel 6 News on August 24, 2012. Sunil Abraham is quoted.

Has the Indian government lost its sense of humor?

That's what some in India were asking as word spread that authorities had pressured Twitter into blocking several accounts parodying the prime minister after civil unrest that saw dozens of people from northeastern India killed and thousands flee in panic.

This week, the government also imposed a two-week limit of five text messages a day — raised Thursday to 20 — potentially affecting hundreds of millions of people, and pressured local Internet companies as well as Facebook, Twitter and Google to block hundreds of websites and user accounts.

Although journalists, free speech advocates and bloggers said the effort to squelch rumors may be justified, several criticized the actions as excessive.

"You cannot burn the entire house to kill one mischievous mouse," said Gyana Ranjan Swain, a senior editor at Voice & Data, a networking trade magazine. "You're in the 21st century. Their thinking is still 50 years old. It's just 'kill the messenger.'"

Comedians said Indian political humor is evolving and there's more leeway to make fun of politicians than a decade ago, but the nation's mores still call for greater respect than in the West.

"If I tried something like South Park, I'd be put behind bars tomorrow," said Rahul Roushan, founder of Faking News website, which satirizes Indian current events.

Faking News has lampooned the recent corruption scandals, including specious stories about theme restaurants (where customers must bribe waiters or go hungry); and a tongue-in-cheek report that India has banned the zero because too many of them appear nowadays in auditors' reports, after recent coal and telecommunications scandals each allegedly involving more than $30 billion.

Roushan, whose site isn't blocked, said he hopes low-level officials misinterpreted government directives.

"I'm still in a state of disbelief," he said. "I don't think the government is so stupid that it can ask that parody accounts get taken down. If they did, God help this country."

A spokesman for the prime minister's office said the blocking of six fake Twitter accounts attributed to the prime minister has been in the works for months and wasn't related to the recent crisis. He said the move was in response to tweets containing hate language and caste insults that readers could easily mistake as the Indian leader's. A dozen Twitter accounts and about 300 websites were blocked, according to news reports.

"We have not lost our sense of humor," said Pankaj Pachauri, the prime minister's spokesman. "We started a procedure to take action against people misrepresenting themselves."

But some Twitter users whose accounts are frozen, including media consultant Kanchan Gupta, counter that the government may be using the crisis to muzzle critics.

"I'm very clear in my mind this is a political decision," said Gupta, who has been critical of corruption and the government's policy drift. "If they were openly confrontational of me, they'd go nowhere, so they're trying this."

Attempts to access his Twitter page Thursday were met with the message: "This website/URL has been blocked until further notice either pursuant to Court orders or on the Directions issued by the Department of Telecommunications."

Even Britain's Queen Elizabeth II has numerous parody accounts so India needs to lighten up, consultant Gupta said.

He's received several messages from worried Pakistani friends since the news broke. "They ask if I'm all right, say they hope they haven't frog-marched you to jail," he said. "What irony."

The restrictions are the latest chapter of a crisis that started in July when Muslims and members of the Bodo tribal community in northeastern India clashed over land, jobs and politics. The result: 75 people killed and 300,000 displaced.

Muslims in Mumbai, formerly Bombay, staged a sympathy demonstration last week; two more people were killed and dozens injured.

Rumors, hate messages and altered photos of supposed atrocities against Muslims soon spread on social media sites, and several people from northeastern India were beaten in Bangalore and other cities, prompting the crackdown.

New Delhi has accused Pakistani websites of fanning the online rumors. (Islamabad said it would investigate if there's any proof.) But Indian news media also reported that 20% of the websites blocked contained inflammatory material uploaded by Hindu nationalist groups in India that were apparently trying to stir up sectarian trouble.

The Twitter community has responded with derision and humor to limits on text messages on prepaid cellphones.

"Feeling deeply insulted that I still have not been blocked," tweeted user @abhijitmajumder. "Victim of govt apathy."

Sunil Abraham, head of the Bangalore civic group Center for Internet and Society, said this week's restrictions are the latest in a series of regulations and recommendations aimed at tightening Internet control.

For more details visit https://cis-india.org/news/articles-latimes-com-mark-magnier-aug-23-2012-india-limits-social-media-after-civil-unrest

India launches crackdown on online porn

pranesh — 2015-08-05T01:21:12Z

India has launched a crackdown on internet pornography, banning access to more than 800 adult websites, including Playboy and Pornhub.

The article by James Crabtree published in Financial Times on August 3, 2015 quotes Pranesh Prakash.

The restrictions followed a ruling from India’s telecoms ministry ordering internet service providers, including international telecoms groups operating in the country such as the UK’s Vodafone, to block 857 such sites.

Prime Minister Narendra Modi’s government provided no public justification for the unexpected ban when it came into effect at the weekend. However, on Monday India’s telecoms ministry said that the order, issued under India’s Information Technology Act, had been prompted by comments made by a supreme court judge during a hearing in July.

The ministry said that the restrictions were temporary and did not amount to a “blanket” ban, arguing that internet users running virtual private networks, which can be used to access blocked sites, could still view the material. “It isn’t that they are being banned lock, stock and barrel,” the ministry said. “The justice noted that free and open access to these websites.... should be controlled, but these sites will continue to be available through the mechanism of a VPN.”

The crackdown is set to raise fresh concerns about sudden and sweeping legal restrictions in India, after the introduction of a ban on the sale of beef earlier this year in the western state of Maharashtra, a move that was supported by Mr Modi’s government. The ruling also drew criticism from legal experts following broader concerns about a recent rise in poorly-targeted internet rules, including some restrictions on global social media sites such as Facebook and Twitter.

Pranesh Prakash of the Bangalore-based Centre for Internet and Society think-tank questioned the basis of the ruling, describing it as a further example of a “clumsy” approach to online regulation.

“There is no proper justification that they have given for banning all porn, rather than child porn or revenge porn or something like that,” he said. “The reaction is heavy handed, and has been done under the cloak of secrecy.” The remarks by a judge cited by India’s government as a rationale for the ban were a comment made in court rather than a legal ruling, Mr Prakash added, casting further doubt on the basis for the restrictions.

India’s mix of strict regulation and conservative public morals mean explicit sexual content is almost unheard of in mainstream media, where Bollywood films seldom featuring more than a chaste on-screen embrace.However India’s fast-growing internet population of about 300m is now both the world’s second largest after China, and an increasingly important sources for traffic for global pornographic websites.

Pornhub, which is the world’s 66th most visited website according to ranking service Alexa, said Indians were the fourth largest national users of its content during 2014.

For more details visit https://cis-india.org/internet-governance/news/financial-times-james-crabtree-august-3-2015-india-launches-crackdown-on-online-porn

India internet: clean-up or censorship?

praskrishna — 2012-01-16T11:17:11Z

Is India going the way of China? Not when it comes to development indicators. Or enhanced infrastructure. Or economic power. But in another category at which Beijing excels: web censorship.

That was the implication of a ruling on Thursday from Justice Suresh Kait, of the Delhi High Court, who told lawyers for Facebook India and Google India that unless they develop mechanisms to regulate “offensive and objectionable” material on their web sites, India is prepared to take drastic measures, according to the Hindustan Times. “Like China, we will block all such websites,” Kalit declared.

According to the IBN news channel, the government seems to be moving to make good on those threats:

Government sources said on Friday that the Delhi High Court was likely to issue sanctions to prosecute social networking sites Facebook, Google, Microsoft and Yahoo India in the ongoing spat between the companies and the Government of India over content regulation.

“Prosecution for some of the non-bailable offences requires prior sanction of the government, which has been sought and it is likely to be granted,” the sources said.

[…]

Summons are to be sent to the companies through the Ministry of External Affairs directing their heads to appear before court on March 13, which is when the next hearing will take place. The Ministry of Communication and Information Technology will file its affidavit by this evening.

Clearly there’s trouble in “the world’s largest democracy”.

Kalit’s pronouncement is the latest turn in a story that broke last month, when the New York Times reported that telecoms minister Kapil Sibal had met with executives from Google, Facebook, Yahoo and Microsoft to discuss the pre-emptive removal of “offensive material” – including, it seems, web pages that had criticized the leader of his party, Sonia Gandhi.

As beyondbrics reported, Sibal then gave a combative press conference where he said: “I believe that no reasonable person aware of the sensibilities of large sections of communities in this country and aware of community standards as they are applicable in India would wish to see this content in the public domain,” referring to “offensive material” he had shown some reporters prior to the conference.

He added, repeatedly, that the government did not believe in censorship.

Apparently, Kalit didn’t get the memo.

Lawyers for the internet giants appeared before the judge to request the dismissal of a criminal complaint filed by a private citizen in a lower court under sections of the Indian law that cover “sale of obscene books etc”, “sale of obscene objects to young person etc” and “criminal conspiracy”. The judge declined.

“The magistrate of the trial court had observed that the material submitted by the complainant contained obscene pictures and derogatory articles pertaining to various Hindu gods, Prophet Muhammad and Jesus Christ”, IBN reported.

According to the Hindustan Times:

On behalf of Google India, senior counsel Mukul Rohatgi said it was humanly not possible to filter or monitor the postings of obscene, objectionable and defamatory material. “Billions of people across the globe, post their articles on the website. Yes, they may be defamatory, obscene but cannot be checked,” he said.

A Google spokesperson issued a statement last night, saying, “We did file a petition before the Delhi High Court. The Court has now issued a notice to the petitioner. We can’t comment at this stage.”

Today, the company issued a clarification:

Today the Court has merely directed the petitioner to serve the Court order to the overseas entities at their respective addresses and has adjourned the matter to March 13th.

Last month, a lower court had ordered the sites to remove all “anti-social” or “anti-relgious” content by February 6.

As Sunil Abraham, executive director of the Bangalore-based Centre for Internet & Society, told beyondbrics last month, it’s difficult to establish exactly what is anti-religious: for example, the Hindu profession of belief in multiple gods is blasphemous to Muslims, Christians and Jews.

A lower court had directed the central government to take “immediate appropriate steps” and file a report by January 13.

It has not been released yet, but later on Friday you can Google it. Take the opportunity – if India goes the way of China, it might prove more difficult in future.

This blog post by Neil Munshi was published in beyondbrics on 13 January 2012

For more details visit https://cis-india.org/news/clean-up-or-censorship

India High Court: No Takedown Requests On Social Sites Without Court, Gov't Order

praskrishna — 2015-04-03T06:18:52Z

Indian police will no longer be able to threaten Internet users and online intermediaries with jail merely on the basis of a complaint that they have posted “offensive” posts online.

The blog post by Madhur Singh was published in Bloomberg BNA on March 25, 2015. Geetha Hariharan gave her inputs.

Following a landmark judgment by the Supreme Court of India March 24, law enforcement agencies will be able to take action in such cases only after an order has been obtained from a court or the government (Singhal v.Union of India, India Sup. Ct., 3/24/15).

The court struck down in its entirety Section 66A of the Information Technology Act, which authorized criminal penalties for sending “offensive” messages through electronic communication services. Opponents of the measure said the section defined “offensive” very vaguely and broadly, and that cases of arrest under the section frequently made headlines.

Freedom of speech activists and Internet-based businesses welcomed the judgment as a boost for civil liberties, freedom of speech and a conducive business environment for an entire gamut of online businesses.

The judgment is good news for intermediaries such as Facebook Inc. and the India-based review site MouthShut.com, both of which have been repeatedly inundated with takedown notices based on complaints against “offensive” posts.

Offensive Posts Were Actionable Under Section 66A

Section 66A, added to the Information Technology Act of 2000 through an amendment in February 2009, prescribed imprisonment of up to three years and a fine for anyone who sends via a computer resource or communication device:

(a) any information that is grossly offensive or has menacing character;
(b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will, persistently by making use of such computer resource or a communication device; or
(c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages.

A supporting Section 79(3)(b) stated that “upon receiving actual knowledge, or on being notified by the appropriate government or its agency that any information, data or communication link residing in or connected to a computer resource controlled by the intermediary is being used to commit the unlawful act,” the intermediary would have to “expeditiously remove or disable access to that material or that resource.”

Together, these sections put ordinary Internet users at risk for arrest for simply posting online and obligated intermediaries such as Twitter Inc., Facebook, MouthShut.com and others to take down content simply pursuant to a complaint.

Earlier this month, Facebook revealed statistics indicating that India is second on its global list of governments demanding takedowns.

Court Removes Intermediaries' Discretion

Shwetasree Majumder, partner at Fidus Law Chambers, told Bloomberg BNA March 25 that after this decision, any blocking of content can now only take place via a reasoned order after complying with several procedural safeguards, including a hearing to the originator and intermediary either by the designated
officer or pursuant to an order passed by a competent court.

“So intermediaries like Google, Facebook etc. are no longer required to judge as to whether the take down notices received by them contain legitimate requests or not,” she wrote in an e-mail. “As an acknowledgement that a true intermediary should not concern itself with the merits of the content posted by third parties, the court takes away the intermediary's discretion as to what content must remain and what must go.”

Geetha Hariharan, program officer at the Centre for Internet and Society, told Bloomberg BNA that after “reading down” Section 79, the Supreme Court “has relieved the intermediary of its responsibility to judge the lawfulness of content. Now, the intermediary will lose immunity under Section 79(3)(b) (and be liable
to prosecution or penalty) only if it does not take content down after receiving ‘actual knowledge of a court order or government notification' requiring takedown of content.”

Prior to the judgment, an intermediary was required to judge whether a takedown notice concerned unlawful content on its website, which would constitute “actual knowledge” under the section. If the intermediary made an affirmative determination, it was required to take the content down or lose immunity under Section 79(3)(b).

Supreme Court Strikes Down 66A

Momentum against Section 66A built up over the last three years, particularly after law student Shreya Singhal filed a challenge in the Supreme Court after two Mumbai women were arrested and put in jail for 10 days in 2012 for Facebook posts against a shutdown of Mumbai city following a politician's death.

A Supreme Court bench comprising Justices Jasti Chelameswar and Rohinton F. Nariman heard ten such cases together, and ruled March 24 that Section 66A was unconstitutional as it directly affected the right of the public to know. Holding that Section 66A was “open ended, undefined, and vague” so that “virtually any opinion on any subject would be covered by it, as any serious opinion dissenting with the mores of the day would be caught within its net,” the court struck it down in its entirety.

The court said that Rule 3(4) of the Intermediaries (Guidelines) Rules, 2011, which pertains to an intermediary disabling access to material that is “known” to be violative of Rule 3(2), needed to be read down in the same manner as Section 79(3)(b).

The court, however, upheld Section 69A of the Information Technology Act, which gives the government the power to block web content if doing so is in the interest of the sovereignty, integrity or security of India.

Impact on Intermediary Liability

Overall, Majumder said that intermediary liability now stands significantly watered down. One particular case this might impact is the currently pending Super Cassettes India Ltd. v MySpace Inc. case before the Division Bench of the Delhi High Court, which is considering the validity of the high threshold of intermediary liability prescribed by a single judge in copyright infringement cases.

Hariharan wrote in an e-mail that while intermediaries such as Internet service providers (ISPs) or content hosts may “choose” to take down content when they receive a private takedown notice, they don't “need” to do so to remain immune under Section 79(3)(b) or Rule 3(4) of the Intermediaries Guidelines.

“This reduces uncertainty in intermediary liability in India. It will also hopefully keep intermediaries from taking down content in an overbroad manner to escape liability,” Hariharan said, adding that the government nevertheless continues to have the ability to criminalize online acts. For instance, Sections 66B
to 67B of the IT Act define and criminalize different online conduct. Additionally, sections of the Indian Penal Code that criminalize speech acts (e.g., Sections 295A and 153A for incitement; Section 292 for obscenity) have also been applied to online acts in the past.

The Internet & Mobile Association of India said in a statement on its website March 24 that the judgment will mark a new phase for the growth and evolution of the Internet in India. While Internet users will no longer fear illegal censorship or harassment, it said that “online businesses, ranging from established international companies to small Indian startups, will be able to take advantage of a more conducive business environment.”

The IAMAI added that the judgment will be especially helpful to smaller companies such as Mouthshut.com that will “now not be harassed by the frivolous and mal-intentioned notices of take down.”

For more details visit https://cis-india.org/internet-governance/news/bloomberg-bna-march-25-2015-madhur-singh-india-high-court-no-takedown-requests-on-social-sites-without-court-govt-order

India faces Twitter backlash over Internet clampdown

praskrishna — 2012-08-28T09:56:11Z

The government faced an angry backlash from Twitter users on Thursday after ordering Internet service providers to block about 20 accounts that officials said had spread scare-mongering material that threatened national security.

Post published in INDOlink, Pranesh Prakash is quoted.

The backlash came as New Delhi turned up the heat on Twitter, threatening "appropriate and suitable action" if it failed to remove the accounts as soon as possible. Several newspapers said this could mean a total ban on access to Twitter in India but government officials would not confirm to Reuters that such a drastic step was being considered.

There was no immediate response from Twitter, which does not have an office in India. There are about 16 million Twitter users in the country.

The government has found itself on the defensive this week over what critics see as a clumsy clampdown on social media websites - including Google, YouTube and Facebook - that has raised questions about freedom of information in the world's largest democracy.

"Dear GOI (Government of India), Keep your Hands Off My Internet. Else face protest" tweeted one user, @Old_Monk60.

India blocked access to more than 300 Web pages after threatening mobile phone text messages and doctored website images fuelled rumours that Muslims, a large minority in the predominantly Hindu country, were planning revenge attacks for violence in Assam, where 80 people have been killed and 300,000 have been displaced since July.

Fearing for their lives, tens of thousands of migrants fled Mumbai, Bangalore and other cities last week. The exodus highlighted underlying tensions in a country with a history of ethnic and religious violence.

According to documents obtained by Reuters, the government has targeted Indian journalists, Britain's Daily Telegraph, the Australian Broadcasting Corporation and Al Jazeera television in its clampdown on Internet postings it says could inflame communal tensions.

The directives to Internet service providers listed dozens of YouTube, Facebook and Twitter pages. A random sampling of the YouTube postings revealed genuine news footage spliced together with fear-mongering propaganda.

INDIAN JOURNALISTS TARGETED

The government says Google and Facebook have largely cooperated while Twitter has been much slower to respond.

"Every company, whether it's an entertainment company, or a construction company, or a social media company, has to operate within the laws of the given country," said Sachin Pilot, minister of state in the Ministry of Communications.

Twitter has been instructed to remove 28 pages containing "objectionable content", an interior ministry official said.

"If they do not remove the pages, the Indian government will take appropriate and suitable action," he added.

The government has ordered Internet service providers to block the Twitter accounts of veteran journalist Kanchan Gupta and television anchor Shiv Aroor. Some appeared to have begun complying with the order on Thursday as Twitter users reported difficulties in accessing their pages.

"It is a political decision, because of my criticism of the government," said Gupta, who was an official in the previous government led by the Hindu nationalist Bharatiya Janata Party.

The government's actions triggered a storm of criticism from Twitter users, with the hashtags #Emergency2012 and #GOIBlocks among the top trending topics on Twitter in India on Thursday. Some compared the situation with the state of emergency imposed by the government in 1975, when some journalists were jailed.

The Centre for Internet and Society, which analysed the 300 banning orders, found that they contained "numerous mistakes and inconsistencies". Some of the banned websites belonged to people trying to debunk the rumours, for example, it said.

"This isn't about political censorship. This is about the government not knowing how to do online regulation properly," said CIS programme manager Pranesh Prakash.

The parliament last year passed a law that obliges Internet companies to remove a range of objectionable content when requested to do so, a move criticised at the time by rights groups and social media companies.

For more details visit https://cis-india.org/news/www-indolink-com-india-faces-twitter-backlash

India faces Twitter backlash over Internet clampdown

praskrishna — 2012-08-27T06:56:37Z

The Indian government faced an angry backlash from Twitter users on Thursday after ordering Internet service providers to block about 20 accounts that officials said had spread scare-mongering material that threatened national security.

Written by Devidutta Tripathy and Satarupa Bhattacharjya, this post was published in Reuters on August 24, 2012. (Additional reporting by Ross Colvin, Annie Banerji and David Lalmalsawma and Andrew Quinn in Washington; Writing by Ross Colvin; Editing by John Chalmers, Andrew Osborn, Gary Hill). Pranesh Prakash is quoted.

The backlash came as New Delhi turned up the heat on Twitter, threatening "appropriate and suitable action" if it failed to remove the accounts as soon as possible. Several Indian newspapers said this could mean a total ban on access to Twitter in India but government officials would not confirm to Reuters that such a drastic step was being considered.

Twitter, which does not have an office in India, declined to comment. There are about 16 million Twitter users in the South Asian country.

"Dear GOI (Government of India), Keep your Hands Off My Internet. Else face protest" tweeted one user, @Old_Monk60.

India blocked access to more than 300 Web pages after threatening mobile phone text messages and doctored website images fuelled rumors that Muslims, a large minority in the predominantly Hindu country, were planning revenge attacks for violence in the northeastern state of Assam, where 80 people have been killed and 300,000 have been displaced since July.

In Washington, the State Department urged New Delhi to balance its security push with respect for basic rights including freedom of speech.

"As the Indian government seeks to preserve security we are urging them also to take into account the importance of freedom of expression in the online world," State Department spokeswoman Victoria Nuland said.

Nuland said Washington stood ready to consult with U.S. companies as they discuss the issue with the Indian government, although it was not now directly involved.

"The unique characteristics of the online environment need to be respected even as they work through whether there are things these companies can do to help calm the environment," she said.

Indian Journalists Targeted

The government says Google and Facebook have largely cooperated while Twitter has been much slower to respond.

Twitter has been instructed to remove 28 pages containing "objectionable content," an interior ministry official said.

"If they do not remove the pages, the Indian government will take appropriate and suitable action," he added.

"It is a political decision, because of my criticism of the government," said Gupta, who was an official in the previous government led by the Hindu nationalist Bharatiya Janata Party.

The Centre for Internet and Society, which analyzed the 300 banning orders, found that they contained "numerous mistakes and inconsistencies." Some of the banned websites belonged to people trying to debunk the rumors, for example, it said.

"This isn't about political censorship. This is about the government not knowing how to do online regulation properly," said CIS program manager Pranesh Prakash.

India's parliament last year passed a law that obliges Internet companies to remove a range of objectionable content when requested to do so, a move criticized at the time by rights groups and social media companies.

For more details visit https://cis-india.org/news/in-reuters-com-devidutta-tripathy-satarupa-bhattacharjya-aug-24-2012-india-faces-twitter-backlash

India entering the Minority Report age?

praskrishna — 2011-12-10T06:40:57Z

Indian government efforts to block offensive material from the Internet have prompted a storm of online ridicule along with warnings of the risk to India's image as a bastion of free speech.

Communications Minister Kapil Sibal pledged a crackdown on “unacceptable” online content, saying Internet giants such as Google, Yahoo! and Facebook had ignored India's demands to screen images and data before they are uploaded.

“We will evolve guidelines and mechanisms to deal with the issue,” Sibal told reporters this week, without detailing what steps might be taken.

His comments provoked anger and derision among Indian Internet users, while experts raised doubts about the practicalities of enforcing any directive and others questioned the government's motives.

Sunil Abraham, executive director at the Centre for Internet and Society in Bangalore, said it would be “impractical on the level of scale and on the level of the objective test”.

“What's offensive for someone might be completely banal to somebody else,” he told AFP.

Any ham-fisted government crackdown would “have a high impact on our credibility as a democracy” and risk alienating India's growing online community, Abraham said.

“We should be doing almost everything to promote the take-up of the Internet. It's almost tragic that we're pushing in the opposite direction,” he added.

India, the world's largest democracy, has more than 110 million Internet users out of a population of 1.2 billion, with predictions that 600 million people will be online in the next five years.

#KapilSibal has this week become one of the most trending topics among Indian users of the micro-blogging site Twitter, with many resorting to humour to mock the minister.

Some likened his comments to attempts by Pakistan's telecoms regulator last month to ban text messages containing nearly 1,700 words it deemed “obscene”, which was shelved after outrage from users and campaigners.

The satirical Indian web site fakingnews.com compared Sibal's plans to the futuristic Hollywood film “Minority Report”, in which criminals are arrested before committing their crimes.

It also carried a spoof news article headlined: “All Facebook posts to have 'Kapil Sibal likes this' by default”.

The mainstream media has been generally critical of Sibal as well, warning the government that it could not be seen to over-step the boundaries protecting India's treasured democratic values.

“Pre-screening of content amounts to unacceptable censorship,” the Business Standard said in an editorial.

There was even a mild expression of concern from Washington where US State Department spokesman Mark Toner was asked about the Indian government's stance.

“We are concerned about any effort to curtail freedom of expression on the Internet,” Toner said, while carefully avoiding any direct criticism of Sibal's proposals.

Sibal rejected any suggestion of an assault on free speech, saying the government had pleaded for self-regulation by companies such as Google to filter out deeply “insulting” material.

He highlighted examples of faked pictures of naked politicians, including Congress Party head Sonia Gandhi, and other images and social network pages that he said could inflame religious tensions.

India has in the past moved to block the publication of books and other material seen as disrespectful to Gandhi, or other members of the Nehru-Gandhi dynasty that has dominated India's political life since independence.

Vijay Mukhi, a Mumbai-based freelance consultant who writes on Internet security, said Sibal had shown a fundamental lack of understanding about technology and was badly-advised.

He also saw in the reaction to the proposals a sign of how the Internet is undermining traditional unquestioning respect and deference towards elders and authority figures.

“Most of us in India are very sensitive about what people say. The problem also is that whilst the Internet is there, you have to have a thick hide,” said Mukhi.

“Politicians have got to create a second, third or fourth skin to be immune to the criticism that they get.”

New Delhi has been accused before of censorship after demanding that BlackBerry makers Research In Motion give Indian security services access to encrypted messaging and email services.

Analysts agreed that under certain circumstances, particularly national security, pre- or post-censorship was acceptable, as India was the frequent target of extremists.

Abraham, though, said any ban on data and images on decency grounds without a prior complaint was doomed to fail and likely to be contrary to the constitutional right of freedom of expression if challenged in court. - Sapa-AFP

The blog post by Phil Hazlewood was published in ioL scitech. Sunil Abraham was quoted in this. Read the original here

For more details visit https://cis-india.org/minority-report-age