Centre for Internet and Society

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

India Dismisses Charges of Internet Censorship

praskrishna — 2012-08-26T05:29:15Z

Read, listen and learn English with this story. Double-click on any word to find the definition in the Merriam-Webster Learner's Dictionary.

This is the VOA Special English Technology Report. Pranesh Prakash is quoted.

The government in India is defending itself against charges of Internet censorship. The move comes after the government last week asked companies like Facebook and Twitter to block more than three hundred websites.

Officials accused the websites of posting edited images and videos of earthquake victims. They said the websites falsely claimed that the images were Muslim victims caught in recent ethnic conflict in India’s northeastern Assam state and Burma. A number of the images were reportedly uploaded from Pakistan.

Officials said the panic that resulted caused thousands of Hindu immigrants to flee the area. They feared that Muslims would answer the false reports with attacks of their own. Cyber law expert, lawyer Pawan Duggal says this is the first time the Internet and mobile-phone technology have been used to create fear in a community.

PAWAN DUGGAL: “India has to wake up to the need for putting cyber security as the number-one priority for the nation. Unfortunately, India does not even have a national cyber-security policy. The nation does not have any plan of action, should this kind of emergency happen again. India needs to have its own cyber army of cyber warriors.”

On Friday, India’s Communication and Information Technology Minister Kapil Sibal dismissed charges that the government is trying to censor social media. But he said the misuse of social media has to be prevented.

Pranesh Prakash is program manager at the Bangalore-based Center for Internet and Society. He says some of the web pages that have been blocked included official news websites.

PRANESH PRAKASH: “I am not questioning the motivations of the government which in this current case seemed to be above board. We found that most of the material that they have complained about is actually stuff that is communal. But I do feel that the government went overboard in doing so, that it has also curbed legitimate reportage.”

He says some of the websites were uploaded by people trying to let others know that the images were false.

The government in India has called on social media companies to come up with a plan to keep offensive material off the web. Last year, it passed a law that requires companies to remove so-called “objectionable content” when requested to do so.

A Google Transparency report says that last year India topped the list of countries that make such requests. Supporters of online freedom have expressed concern that India may be restricting web freedom.

About one hundred million people in India use the Internet - the third-largest number of net users in the world. About seven hundred million people have mobile phones.

And that's the VOA Special English Technology Report. I'm Steve Ember.

For more details visit https://cis-india.org/news/learning-english-voanews-com-india-dismisses-charges-of-internet-censorship

India Debates Misuse of Social Media

praskrishna — 2012-09-04T12:13:21Z

India has blocked more than 250 websites after provocative online content spread panic among people from the country's northeast, prompting some of them to flee Indian cities. The crackdown has sparked a debate about how the country will cope with misuse of social media.

Anjana Pasricha's article was originally published by Voice of America on August 21, 2012 and re-posted in the Chosunilbo on September 4, 2012. Sunil Abraham is quoted.

Officials say the websites that were blocked had posted edited images and videos of victims of earthquakes and claimed they were those of Muslim victims caught in recent ethnic strife in India's northeastern Assam state and Burma.

As the images went viral, rumors began about reprisal attacks against Hindu migrants from the northeast working in other parts of India. Hate text messages warning of violence circulated widely. Worried about their safety, thousands of the migrants fled Indian cities last week to return to Assam.

Taken aback by the mass exodus, the government says the "unity and integrity of the country is at stake."

Home Minister Sushil Kumar Shinde says that "elements" had used social networking sites to whip up communal sentiments. Shinde says a number of the sites had been uploaded from Pakistan. Shinde adds that the government has gathered a lot of evidence through the investigation, whether from Facebook communication or text messaging.

Officials have also blamed social networking sites such as Twitter, Yahoo and Facebook for not screening objectionable content.

Cyber specialists say the government needs to go beyond the blame game and learn how to manage misuse of social media on the massive scale witnessed last week. About 100 million people in India use the Internet, the third-largest number of net users in the world. About 700 million people have mobile phones.

Cyber law expert, lawyer Pawan Duggal says this is the first time the Internet and mobile-phone technology have been used to incite fear in a community.

"India has to wake up to the need of putting cyber security as the number-one priority for the nation," Duggal noted. "Unfortunately, India does not even have a cyber-security policy. The nation does not have any plan of action, should such an emergency happen again. India needs to have its own cyber army of cyber warriors."

The government has been involved in a dispute with web companies such as Google and Facebook for several months and has called for them to devise a voluntary framework to keep offensive material off the web. India routinely asks these companies to remove what it calls "objectionable content," which has led to fears India may be diluting web freedom.

Sunil Abraham heads the Center for Internet and Society in Bangalore, an advocacy group for net freedom. He says the government's recent crackdown on hundreds of websites is warranted, but says it needs to be more sophisticated and aggressive in handling threats and rumors emanating from the internet.

"Social media websites and other Internet intermediaries should have been asked by the government to run banner advertising or some other form of messaging that revealed the lack of truth in the rumors that were circulating," Abraham explained. "The best way to deal with misinformation is to produce more accurate and more credible information. By just blocking access to fraudulent information, you do not fully undermine the power of rumors because by the time the government had decided to act the photographs and videos had already gone viral. And even though the websites are blocked these images will continue to circulate."

The exodus of northeast migrants from Indian cities has slowed in recent days as India has moved to block multimedia and bulk text messaging, and panic has subsided after repeated assurances of safety by the government.

For more details visit https://cis-india.org/news/www-voanews-com-aug-21-2012-anjana-pasricha-india-debates-misuse-of-social-media

India debates limits to freedom of expression

praskrishna — 2012-02-28T09:50:37Z

From Google to Facebook, from world-famous author Salman Rushdie to a little-known political cartoonist, it has become increasingly easy in recent months to offend the Indian government, and to incur the wrath of the censor or even the threat of legal action.

This article by Simon Denyer was published in the Washington Post on February 13, 2012. Sunil Abraham has been quoted in this.

In the world’s largest democracy, many Indians say freedom of expression is under attack, and along with it the values of pluralism and tolerance that have bound this nation of 1.2 billion people together since independence from Britain more than 64 years ago.

India’s democracy is nothing if not raucous. The huge array of newspapers and 24-hour television news channels are often vociferous in their criticism of politicians. But the media’s determination to root out corruption in the past two years has prompted a backlash. Talk of more stringent regulation is mounting.

At the same time, artists say their creative freedom has been steadily eroded. Even Jay Leno managed to offend Indian Sikhs — and prompt an official government complaint — with a satirical reference to their holiest shrine, the Golden Temple, in a joke about Mitt Romney’s vacation homes.

At fault, many say, is a thin-skinned government that gives in to the demands of violent mobs, ostensibly to make political gains but in fact to suppress its critics.

“For a country that takes great pride in its democracy and history of free speech, the present situation is troubling,” said Nilanjana Roy, a columnist and literary critic. “Especially in the creative sphere, the last two decades have been progressively intolerant.”

Targeting authors, artists

Rushdie, whose novel “The Satanic Verses” was banned in India in 1988, was forced to cancel appearances at the Jaipur Literature Festival last month after threats of violence from Muslim groups and a warning about a possible assassination attempt — information he said was probably fabricated by authorities to keep him away.

Wary of alienating Muslim voters in ongoing state elections, not a single Indian politician spoke out in favor of Rushdie’s right to be heard.

Last month, the screening of a documentary on Kashmir was canceled at a college in the city of Pune after right-wing Hindus objected, and an artist was beaten in his gallery in Delhi for showing nude paintings of actresses and models that his attackers claimed were an insult to the country.

The release of the latest book by Bangladeshi author Taslima Nasreen was canceled in Kolkata after Muslims protested, and Aseem Trivedi, a 25-year-old political cartoonist, was charged with treason and insulting India’s national emblems in drawings inspired by activist Anna Hazare’s anti-corruption movement.

But perhaps the most shocking episode for advocates of freedom of expression has been the government’s attempt to muzzle Facebook and Google — and prosecute the companies’ executives — for content posted on their sites deemed to be offensive. “Like China, we can block all such Web sites,” warned the judge hearing the case in the Delhi High Court.

The government cites images insulting to one or another of India’s religions, content it says could provoke unrest. It is up to social media sites, the government says, to manually screen and censor all potentially offensive content or face prosecution.

“No freedom can be absolute,” said the chairman of the Press Council of India, Justice Markandey Katju. “The hold of religion is very strong in India, and you have to respect that. You can’t go insulting people.”

Katju’s concerns are perhaps understandable in a country whose birth was scarred by the mass murder of Hindus and Muslims at the time of independence in 1947. But the effect, critics say, is to give the mob the power of veto and take away a fundamental right in a free society: the right to offend others.

Sunil Abraham at the Center for Internet and Society says the government’s proposals on Web censorship would kill the vibrancy of the Internet in India. Wikipedia founder Jimmy Wales warned that they would scare off investors and crush the country’s potential to become a true leader in the Internet industry.

The irony, according to critics, is that the concern over religiously offensive content was little more than an excuse: What appears to have really offended the ruling Congress party were defamatory images of their idolized leader, Sonia Gandhi.

“The myth that is spread is that the government is acting against hate speech and obscenity. But when the government acts to control information on the Internet, it is usually defamatory or potentially defamatory content against people and politicians,” Abraham said.

Almost a year ago, Prime Minister Manmohan Singh said the media were undermining the nation’s self-confidence by harping on official corruption. Since then, talk of tighter media regulation has grown louder.

And despite the vibrancy of India’s mainstream English-language media, the country’s ranking on the press freedom index of the journalism advocacy group Reporters Without Borders has dropped, from 105th in 2009 to 131st last year.

An optimistic view

Arnab Goswami, the editor and anchor of the Times Now television channel, points to television’s dramatic success in exposing official corruption in the past two years to argue that there is plenty to be optimistic about.

Courts in India generally have a better record than do politicians of defending freedom of expression. And there are people in government, including Information and Broadcasting Minister Ambika Soni, determined to resist the temptation to take a harder line.

“The pressure was enormous, to control the media, to clamp down on the media,” she said. “But I did withstand the pressure.”

Soni said she sees self-regulation by the media rather than official regulation as the way forward. She maintains that, for example, the debate about Rushdie has not necessarily done India any harm.

“That’s the strength of Indian society,” she said. “You have discussed it, everyone has had their say on the matter, the government has had its share of criticism, yet we’ve moved on.”

For more details visit https://cis-india.org/news/india-debates-limits-to-freedom-of-expression

India Blocks News Website Pages for 'Spreading Fear' over Assam Violence

praskrishna — 2012-08-27T04:53:08Z

Access to more than 300 internet web pages including some published by Telegraph, Times of India and Al-Jazeera blocked.

This article by Gianluca Mezzofiore was published in International Business Times on August 24, 2012. Pranesh Prakash is quoted.

The Indian government has blocked more than 300 internet web pages including ones published by the Daily Telegraph, Australia's ABC and Al-Jazeera claiming they contained "incendiary" material likely to spread panic.

Internet experts said the move might be illegal as the Indian government interfered with hundreds of website, including some Twitter accounts, blogs and links to certain stories.

Internet posts, phone text messages and fake video clips have allegedly spread rumours that Muslims were poised to attack the Assamese population in Chennai, Mumbai and Pune. More than 10,000 Assamese workers fled to their native state in northeastern India.

The content, bound to fuel tension between Muslim migrants and Assamese workers, included images that falsely portrayed the relief effort for the 2010 Tibetan earthquake disaster as Burmese Buddhists walking among their Muslim victims.

The mass exodus from southern cities followed clashes in Assam between the Bodo tribe and Muslims. At least 80 people were killed and hundreds of thousands were displaced.

The Telegraph reported that India blocked its pages including a photo-gallery of Reuters and AFP news pictures that documented "attacks by Burma's Buddhist Rakhine community on villages which had been occupied by Rohingya Muslims, who had migrated from Bangladesh several decades earlier".

Among other news outlets blocked were The Times of India, the Dainik Bhaskar and FirstPost.

"The government has gone overboard and many of its efforts are legally questionable," Pranesh Prakash, who studies internet governance and freedom of speech at the Centre for Internet and Society, said.

"The government's highest priority should have been to counter the rumours and it did a really bad job of that."

Victoria Nuland, spokeswoman for the US State Department, said it was urging the Indian government "to take into account the importance of freedom of expression in the online world" while addressing its security concerns.

For more details visit https://cis-india.org/news/www-ibi-times-co-uk-gianluca-mezzofiore-aug-24-2012-india-blocks-news-website-pages-for-spreading-fear-over-assam-violence

India blocks more than 250 Web sites for inciting hate, panic

praskrishna — 2012-08-22T04:38:26Z

Nearly 80 people have been killed and 400,000 displaced in fighting between Muslims and India’s Hindu Bodo tribespeople in Assam, a northeastern state of India, in recent weeks. The violence has prompted many northeasterners living in major cities to flee, fearing reprisals.

The article by Rama Lakshmi was published in the Washington Post on August 20, 2012. Sunil Abraham is quoted in it.

India blocked about 250 Web sites and social networking sites Monday, accusing them of spreading inflammatory content that triggered panic among thousands of workers and students from the country’s eight northeastern states last week.

The government’s blame list ranged from Facebook to fundamentalist Pakistani sites, Twitter to text messages, and Google to YouTube videos. Authorities also barred the sending of text messages to more than five people at a time for two weeks.

Thousands of people from northeastern India fled several cities in the south and west of the country last week after text messages circulated warning that they faced reprisal attacks from Muslims over recent ethnic clashes in the northeastern state of Assam.

The government said a number of Web sites had deliberately tried to inflame passions, hosting morphed videos of violence against Muslims in Burma and asserting that they were filmed in Assam. The images went viral and provoked riots by Muslim residents of Mumbai just over a week ago.

"We have blocked a number of sites. We have also identified a number of sites which were uploaded from Pakistan," Home Secretary R. K. Singh told reporters in New Delhi on Monday.

Pakistani Interior Minister Rehman Malik has asked India for evidence about the alleged Pakistani Web sites, which Singh said he would share.

Although some analysts said the curbs were justified because the sites posed a threat to public order, others said the actions were a knee-jerk response from a weak government unable to effectively assuage the concerns of its frightened citizens.

"This is a government that is trying to hide its incompetence by blaming everybody but unwilling to look at itself for failure to protect its citizens," said a government official who spoke on the condition of anonymity because he is not authorized to talk to the media.

Others said that by cracking down on Web sites and social media, the government was dodging the deeper issue of the racism and alienation felt by many people from the northeastern states, who are routinely denigrated by their fellow Indians for supposedly being more Chinese or Southeast Asian in appearance.

But India’s relationship with Internet freedom has become increasingly troubled.

In the past year, the government has locked horns with Google, Yahoo and Facebook, as well as with local activists and bloggers, over censorship and content screening. Analysts then accused the government of trying to silence middle-class critics at the height of a national anti-corruption movement.

The government has been holding public meetings on proposed rules to prohibit Web sites and service providers from hosting information that could be regarded as “harmful,” “blasphemous” or “insulting.”

Last year, India topped the list of countries that routinely ask Internet companies to remove content, according to the Google Transparency Report.

Although Internet penetration is still low in India, the country has the third-largest number of Web users in the world, with more than 100 million people accessing the Internet. A new report says that Indians spend one in every four minutes online visiting social networking sites.

Some free-speech activists fear the events of last week may have provided the government the justification it was seeking to increase Web censorship.

“I have fears that the present situation should not cause a disproportionate response which affects freedom of speech online,” said Apar Gupta, a lawyer and advocate for free speech online. “Historically, a national security argument is very tough to dislodge the competing interests of freedom of speech.”

Other advocates of Internet freedom say the government is justified in the crackdown but could have opted for a more nuanced approach.

“A blanket ban does not necessarily lead to a reduction in the circulation of rumors because people become more vulnerable in a communication vacuum,” said Sunil Abraham, executive director of the Center for Internet and Society, an advocacy group based in the southern city of Bangalore, which experienced a mass exodus of frightened northeasterners last week.

Abraham said the government sent out broad instructions to Web sites to block all hate speech, without giving specific definitions or examples. “The government could have done this in a more sophisticated manner, like putting up banner notices on Facebook and Twitter; blocking text messages that had certain key words; or warning the sites to proactively dismantle some content.”

The Indian Department of Electronics and Information Technology said in a statement Monday that it had been working with international social networking sites on the issue but that “a lot more and quicker action is expected from them to address such a sensitive issue.”

A Google India official said that “content intended to incite violence is prohibited on YouTube, and we act quickly to remove such material flagged by our users.”

For more details visit https://cis-india.org/news/www-washington-post-rama-lakshmi-august-20-2012-india-blocks-more-than-250-web-sites-for-inciting-hate-panic

India Blocks Facebook, Twitter, Mass Texts in Response to Unrest

praskrishna — 2012-09-03T02:46:42Z

The Indian government has gone on the offensive against Internet giants such as Facebook, Google and Twitter, demanding hundreds of pages be removed or blocked after political unrest erupted in various parts of the country.

This post by Simon Roughneen was posted in Media Shift on August 28, 2012. Nishant Shah is quoted.

On August 15, India's independence day, Indian northeasterners began fleeing Bangalore, the country's southern IT hub and 5th largest city, after text messages said to threaten Assamese people and other northeasterners were sent around.

Authorities restricted text messages so they could be sent to only five recipients to stop bulk sending, which was followed by a government backlash against social media and news sites; more than 300 pages have been blocked in recent days.

Exodus

The scene during the exodus was reminiscent of an old newsreel from World War II Europe, or, more aptly, from the separation of India and Pakistan in the late 1940s when around 25 million people took flight amid chaos and bloodshed as the contours of the new states were drawn up after British withdrawal.

On the platform at a Bangalore train station were hundreds of people from Assam state and other areas of India's northeast, a remote part of the country almost 2,000 miles away. The region is mostly surrounded by Bangladesh, Bhutan, China and Burma and is linked to the rest of India only by a narrow strip of land nicknamed the chicken-neck.

In July, fighting in the northeast's Assam state between local ethnic groups and Muslims -- which some Indians say are illegal immigrants from Bangladesh -- killed 80 people and forced 400,000 more from their homes, most of them Muslims. On August 11, a march in Mumbai , India's financial capital, ended up in a riot, with two killed and dozens injured, when Muslims there protested attacks on Muslims in the northeast and on Muslim Rohingya in Burma.

The SMS scare in Bangalore came next, but who sent what and why has never been clearly established, though three men were subsequently arrested in Bangalore on suspicion of mass-forwarding threatening text messages.

Nonetheless, the scare, real or hyped, was enough to prompt panic among the 300,000 or so northeasterners who study and work in Bangalore. Interviewees at the city's rail station, waiting for a train to Guwahati in Assam state, a two-and-a-half-day journey, said they hadn't received or even seen any messages, but the rumor mill went into overdrive and their parents in the northeast urged them to come home, temporarily at least.

A lack of confidence in police, perceived racism against northeasterners -- some of whom appear east or southeast Asian and are sometimes called "chinki" by other Indians -- as well as political discord ahead of elections next year all contributed to the exodus.

Government Reacts

The Indian government urged the northeasterners to stay put, as the exodus spread to Pune, Chennai and other large cities in the south and west where northeasterners work. Text messages were limited to five recipients to stop bulk messages spreading fear, a bar later raised to 20 recipients. India has around 750 million cell phone subscribers, the world's second biggest market after China, and the government's nationwide restriction seemed an over-reaction given that the exodus was confined to a few cities.

In a country of 1.2 billion people -- the world's fourth biggest economy measured in purchasing power parity terms -- the government is worried about a recent economic slowdown. Growth is at its lowest since 2003, and foreign investors are complaining out loud about hazy rules and red tape. India feels it needs to nip any political unrest in the bud with foreign investment dropping by 78 percent year-on-year, according to June figures.

Apparently with public order in mind, the Indian government began blocking websites and pages said to contain inflammatory content, even as the exodus slowed.

Nishant Shah of the Bangalore-based Centre for Internet and Society said that the government is trying to figure out how best to react to the transition from an era when news and information was carried via broadcast and print.

"In the older forms of governance, which were imagined through a broadcast model, the government was at the center of the information wheel, managing and mediating what information reached different parts of the country. In the [peer-to-peer] world, where the government no longer has that control, it is now trying different ways by which it can reinforce its authority and centrality to the information ecosystem. Which means that there is going to be a series of failures and models that don't work," Shah told PBS MediaShift in an email.

Overdoing It?

However, for a country that has long styled itself as the world's biggest democracy, and is home to some of the world's biggest selling English language newspapers, the last few days have seen the government take a forceful line against Internet giants such as Google and Facebook that some feel threatens freedom of speech.

The text messages were said to be from some of India's 170 million or so Muslim population, the world's third largest after Indonesia and Pakistan -- and the Indian government at first sought to blame Pakistan for fomenting the exodus by whipping up anger among India's Muslims.

Following the text restrictions, Indian authorities blocked what they describe as "incendiary" and "hate-mongering" content on websites in Pakistan and Bangladesh that they say spurred the northeast fighting -- including images of the 2010 Tibet earthquake passed off as images of Burmese Buddhists after attacking Burmese Muslims -- and asked Google and Facebook to remove the content.

However, news reports on the exodus, as well as other coverage of Muslim-Buddhist clashes in Burma, were blocked. Among those affected were Doha-based news agency Al-Jazeera and the Australian Broadcasting Corporation (ABC). And stories on sectarian fighting in Arakan in western Burma -- where Buddhist Arakanese have clashed with Muslim Rohingya, with the flare-up catching the attention of Islamist groups elsewhere, including India -- were blocked in India.

ABC said on Friday content that "in relation to the particular blocked ABC, we are surprised by the action and we stand by the reporting."

An April 2011 law says that the government must give 48 hours before blocking pages, as well as an explanation for the block in each individual case, though this can be sidestepped in an emergency. "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, speaking about the recent restrictions.

There's more to the back-story than just the 2011 IT law, however. Prior to the recent exodus from Bangalore and the government reaction, Google and Facebook were facing charges for allegedly hosting offensive material.

A Google spokesman, speaking by telephone from Singapore about the Indian government's recent blocks, said that the company abides by the law of the land, in India and elsewhere. "We also comply with valid legal requests from authorities wherever possible, consistent with our longstanding policy," he said.

All told, 80 million to 100 million Indians are online, and India has the world's third biggest number of Facebook users, at 53 million. But, that just makes up just 4.5 percent of the country's population.

Some commentators see the government as oversensitive. For example, using the pushback to put a block on an account parodying the country's prime minister.

Twitter has 16 million accounts in the country. By Friday, a stand-off between New Delhi and Twitter saw around 20 Twitter handles blocked by Indian ISPs, on the orders of the government, with threats that the government could block Twitter completely.

The hashtag #GOIblocks gets about 10-12 tweets per minute -- going by a quick scroll-through -- from users protesting the government's measures. However, caught up in the dragnet so far are accounts with little apparently to do with the Bangalore exodus. The Indian opposition said the blacklist is partisan, while other commentators see the government as oversensitive, using the pushback to put a block on an account (@PM0India) parodying the country's prime minister, for example.

Adding to the irony, though it is not clear whether this was by accident or design -- the Twitter account of Milind Deora, the country's minister of state for communications and IT, and a vocal proponent of the recent blocks, was taken down by Twitter for 12 hours before being restored -- along with an apology by Twitter on Saturday.

This story has been altered to correct the date of India's independence day.

Simon Roughneen is an Irish journalist usually based in southeast Asia. He writes for the The Irrawaddy, Christian Science Monitor and others. He is on twitter @simonroughneen and you can Circle him on Google+.

For more details visit https://cis-india.org/news/www-pbs-org-aug-28-2012-simon-roughneen-india-blocks-facebook-twitter-mass-texts-in-response-to-unrest

India blocks access to 857 porn sites

pranesh — 2015-08-05T01:31:32Z

India has blocked free access to 857 porn sites in what it says is a move to prevent children from accessing them.

The story was published by BBC on August 3, 2015. Pranesh Prakash gave his inputs.

Adults will still be able to access the sites using virtual private networks (VPNs) or proxy servers. In July, the Supreme Court expressed its unhappiness over the government's inability to block sites, especially those featuring child pornography.

Telecom companies have said they will not be able to enforce the "ban" immediately.

"We have to block each site one by one and it will take a few days for all service providers to block all the sites," an unnamed telecom company executive told The Times of India newspaper.

A senior official, who preferred to remained unnamed, told the BBC Hindi that India's department of telecommunications had "advised" telecom operators and Internet service providers to "control free and open access" to 857 porn sites.

"There is no total ban. This was done in the backdrop of Supreme Court's observation on children having free access to porn sites. The idea is also to protect India's cultural fabric. This will not prevent adults from visiting porn sites," the official said.

In July, the top court had observed that it was not for the court to order a ban on porn sites.

"It is an issue for the government to deal with. Can we pass an interim order directing blocking of all adult websites? And let us keep in mind the possible contention of a person who could ask what crime have I committed by browsing adult websites in private within the four walls of my house. Could he not argue about his right to freedom to do something within the four walls of his house without violating any law?," the court said.

According to statistics released by adult site Pornhub, India was its fourth largest source of traffic in 2014, behind the US, UK and Canada. Pranesh Prakash of the Bangalore based Centre for Internet and Society said the directive to block the 857 sites was "the largest single order of its kind" in India.

"The government's reasoning that it is not a ban because adults can still access the porn sites is ridiculous," he told the BBC. The move has caused a great deal of comment on Indian social media networks, with many prominent personalities coming forward to condemn it.

Popular author Chetan Bhagat, writer and commentator Nilanjana Roy, politician Milind Deora and director Ram Gopal Varma have all added their voices to the debate.

For more details visit https://cis-india.org/internet-governance/news/bbc-news-august-3-2015-india-blocks-access-to-857-porn-sites

India bid to censor Internet draws flak

praskrishna — 2011-12-09T10:36:30Z

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.

Phil Hazlewood spoke to Sunil Abraham and published this article for AFP. Read the original hosted by Google here

Related Media Coverage
Various newspapers and channels also published this news on their sites:

India bid to censor Internet draws flak [France 24, 9 December 2011]
Indian push to screen Internet content draws flak [Khaleej Times, 9 December 2011]
India bid to censor Internet draws flak [Physorg.com, 9 December 2011]
India censorship bid gets flak [TimesLive, 9 December 2011]
India bid to censor Internet draws flak [Bangkok Post, 9 December 2011]
India bid to censor Internet draws flak [Yahoo News, 9 December 2011]
India bid to censor Internet draws flak [MSN News, 9 December 2011]
Indian push to screen Internet content draws flak [Emirates 24/7, 9 December 2011]
Indian push to screen internet content draws flak [Business Live, 9 December 2011]
Indian Push to Screen Internet Content Draws Flak [Jakarta Globe, 9 December 2011]

For more details visit https://cis-india.org/news/india-bid-to-censor-net-draws-flak

India believes in Complete Freedom of Cyber Space: Kapil Sibal

praskrishna — 2013-10-25T07:13:44Z

The site of the impact of a cyber crime should determine jurisdiction, says information technology minister Kapil Sibal.

This article by Elizabeth Roche was published in Livemint on October 14, 2013. Moulishree Srivastava also contributed to this story. Sunil Abraham is quoted.

Minister for communications and information technology Kapil Sibal said on Monday that if a cyber crime had an impact on India or the subject matter was Indian, India should have the jurisdiction to investigate the crime and mete out justice.

India “believes in complete freedom of cyber space”, Sibal said, adding that the international community should arrive at a consensus on rules of jurisdiction and enforceability where cyber crimes are concerned. He was speaking at a conference on cyber security and cyber governance in New Delhi.

“Freedom of expression is central to our ideological stand on cyber space but at the same time there must be a de facto recognition of threats that are out there in cyber space and that we need to deal with those threats locally, nationally and globally and what we need is a consensus on those,” the minister said.

He was asked specifically about the need for changes in the global Internet governance structure following a US admission that its National Security Agency listened in on communications from the embassies of allies such as France, Italy and Greece, as well as Japan, Mexico, South Korea, India and Turkey.

The site of the impact of a cyber crime should determine jurisdiction, the minister said.

He gave an example: if anything happens in an Indian mission located in New York, it should be governed by Indian law because the mission would be considered Indian territory.

“So as long as the source of the data is Indian and the impact is on India then the jurisdiction must be Indian and that should apply across the world,” he said.

“If the harm has been caused to Indian citizens or Indian property then jurisdiction should be Indian,” said Sunil Abraham, executive director at Centre for Internet and Society. “This principle has already been developed by Justice Murlidhar in Banyan Tree case. So this principle already has legal precedent.”

But Abraham added that “even if Indian courts believe that it is their jurisdiction, foreign law enforcement agencies may not co-operate. This may be one of the biggest challenges in implementing this principle”.

“This move could be seen as one enhancing cyber security, but since there is no universally accepted definition to cyber security and some government include speech regulation, surveillance, cyber crime and hacktivism a part of cyber security—there can be damaging consequences for human rights online,” Abraham said.

The minister’s statement assumes significance against the backdrop of a number of countries including India protesting the spying by the US National Security Agency (NSA) on their missions in Washington and New York.

According to many news reports, India was among the top five countries whose missions in the US were targeted by the NSA as part of a clandestine effort to mine electronic data. Reports of the US snooping has caused unease world wide.

German Chancellor Angela Merkel raised the issue with US President Barack Obama in June while Brazil’s President Dilma Rouseff reportedly cancelled a summit with the US President in protest last month.

According to the ministry of external affairs in New Delhi, India raised the issue with the US embassy in New Delhi besides taking up the issue with the US state department in Washington. Both sides agreed to discuss the subject during their cyber security dialogue.

“That’s the law in the country...if anything happens there (in Indian embassies) that is part of Indian jurisdiction and similarly if you apply the same example and establish jurisdiction then anything that relates to Indian data and the impact on Indian data, it’s the courts in India that should have jurisdiction,” Sibal added later.

“We are talking about a principle and the principle is wherever there is Indian data wherever anything is done to impact on Indian data, the source of which is Indian then the jurisdiction must be of Indian courts,” the minister said adding that he was putting this view out as something the cyber security seminar should discuss.

India’s national security adviser Shiv Shankar Menon added that what the minister had voiced was India’s view but it was not a settled matter and that it had to be discussed at global forums.

With around 40% of the 120 million smartphone users in India accessing the Internet through mobile phones, network protection was an imperative. “The consequences of manipulation or distortion...can be potentially disastrous.” Menon said recalling how morphed pictures of violence seemingly targeting a particular ethnic group, circulated on the Internet and via cell phones, had resulted in thousands of people fleeing home from their places of work last year.

On certification of hardware security, Menon said: “India has recently received authorizing nation status for IT products and testing labs in the country will now gain global recognition,” adding that this was an opportunity for Indian industry.

Sibal, in his address, said the Internet had become a means of empowerment of people and most of this was due to the enormous freedom provided by the Internet. But “there can be no concept of sovereignty in cyber space because there are no territorial issues involved”, he said.

For more details visit https://cis-india.org/news/livemint-october-14-2013-elizabeth-roche-moulishree-srivastava-india-believes-in-complete-freedom-of-cyber-space

India bans social media in Kashmir for one month

praskrishna — 2017-04-27T16:09:56Z

Authorities in Indian-controlled Kashmir have banned 22 social media sites including Facebook, WhatsApp and Twitter in an effort to calm tensions in the disputed region.

The article was published in the Telegraph on April 27, 2017. Pranesh Prakash was quoted.

The government said Wednesday that the one-month ban was necessary for public safety because social media were being "misused by anti-national and anti-social elements." Videos depicting the alleged abuse of Kashmiris by Indian forces fueled protests have been shown on social media in recent days.

"It's being felt that continued misuse of social networking sites and instant messaging services is likely to be detrimental to the interests of peace and tranquility in the state," the public order said.

The sites remained online Thursday as the local telecom company struggled to block them.

Pranesh Prakash, policy director for the Indian advocacy group the Center for Internet and Society, called the ban a "blow to freedom of speech" and "legally unprecedented in India."

An official with Kashmir's state-owned telecom company, Bharat Sanchar Nigam, said engineers were still working on shutting down the 22 sites, including Facebook and Twitter, but so far had been unable to do so without freezing the internet across the Himalayan region. The official spoke on condition of anonymity because he was not authorized to give technical details of the effort to the media.

Meanwhile, 3G and 4G cellphone service has been suspended for more than a week, but slower 2G service is still available.

Residents of Srinagar, the region's main city, were busily downloading documents, software and applications onto their smartphones which would likely be able to circumvent the social media block once it goes into effect. Many expressed relief to still have internet access Thursday morning.

"It was a welcome surprise," said Tariq Ahmed, a 24-year-old university student. "It appears they've hit a technical glitch to block social media en mass."

While the government has halted internet service in Kashmir in previous attempts to prevent anti-India demonstrations, this is the first time they have done so in response to the circulation of videos and photos showing alleged military abuse.

Others mocked the government. A Facebook post by Kashmiri writer Arif Ayaz Parrey said the ban showed "the Indian government has decided to take on the collective subversive wisdom of cyberspace humanity."

Indian police and paramilitary officials accuse agitators of using social media to instigate violence.

An international journalists' rights group urged Indian authorities to immediately revoke the "sweeping censorship of social media," saying it "will bring neither peace nor order" in the region.

"Such broad censorship clearly violates the democratic ideals and human rights India purports to uphold," said Steven Butler, Asia Program coordinator at the New York-based Committee to Protect Journalists.

Kashmiris have been uploading videos and photos of alleged abuse for some years, but several recently posted clips, captured in the days surrounding a violence-plagued local election on April 9, have proven to be especially powerful and have helped to intensify anti-India protests.

One video shows a stone-throwing teenage boy being shot by a soldier from a few meters (yards) away. Another shows soldiers making a group of young men, held inside an armored vehicle, shout profanities against Pakistan while a soldier kicks and slaps them with a stick.

The video pans to a young boy's bleeding face as he cries. Yet another clip shows three soldiers holding a teenage boy down with their boots and beating him on his back.

The video that drew the most outrage was of young shawl weaver Farooq Ahmed Dar tied to the hood of an army jeep as it patrolled villages on voting day. A soldier can be heard saying in Hindi over a loudspeaker, "Stone throwers will meet a similar fate," as residents look on aghast.

Protests and clashes are an almost daily occurrence in Indian-administered Kashmir, where anti-India sentiment runs deep among the mostly Muslim population after decades of military crackdowns. Disputes over control of the Kashmir region, claimed by both India and Pakistan, have sparked two wars between the nations since 1947.

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