Centre for Internet and Society

India's Shame: World Reacts to FB Post Arrest

praskrishna — 2012-11-30T05:51:10Z

The arrest of 21 year old Shaheen Dhada for posting anti-Bal Thackeray comments has not only outraged Indians. The story has been picked up and reported across international media as well. Though they may not be aware of the complexities of Indian politics, the fact that young girls were arrested for an FB post has got them questioning the dwindling tolerance for the freedom of speech in India.

This was posted by Sonal Bhadoria in IndiaTimes on November 21, 2012. Pranesh Prakash is quoted.

The Wall Street Journal warns ,'You better think twice before 'Liking' your friends' comments on Facebook. It may land you in jail.' The article quotes Pranesh Prakash, policy director at the Centre for Internet and Society saying “Bal Thackeray had violated the same provisions in his lifetime,” with reference to Mr. Thackeray’s inflammatory speeches against the South Indians and Muslims.

The BBC put a question mark on India's commitment to freedom of speech by citing recent examples of the arrest of a cartoonist like Ravi Srinivasan, a 46-year-old businessman in the southern Indian city of Pondicherry, who was arrested for a tweet criticising Karti Chidambaram, son of Indian Finance Minister P Chidambaram.

UK's Daily Mail, says 'So much for freedom of speech' and questions the IT act which led to the arrest.

In a New York Times article, Pranesh Prakash questioned the arbitrariness in the application of the law saying 'There were thousands of people on Facebook, Twitter and in person who were saying the exact same kinds of things that this girl is alleged to have said'. The article also stated that Shiv Sena has a history of banning books, movies and other popular culture that are critical of the political party.

Mashable noted that several dissenters had taken to Twitter to speak out about the arrest including Milind Deora, the government minister of state, communications and information technology, who showed support for Dhadha and Renu with this tweet:

Milind Deora
@milinddeora

To learn who rules over you, simply find out who you are not allowed to criticize ~ Voltaire
It also asked 'Do you think Facebook is a good place to voice political opinions?'

The Christian Science Monitor calls the incident 'the latest in a string of crackdowns on Internet speech in the world's largest democracy'. It says, 'The other cases have included arrest of a resident of Chandigarh who complained on the Facebook page of Chandigarh police that they were not doing enough to find her stolen car; a cartoonist who posted work online protesting corruption scandals by the central government; and a professor in Kolkata who merely forwarded an email with a cartoon that was critical of West Bengal chief minister Mamata Banerjee.' The article also mentions Shaheen Dhada’s uncle, Dr. Abdullah Ghaffar Dhada stating that he had incurred losses of two million Rupees due to the ransacking of his clinic by angry Shiv Sainiks.

For more details visit https://cis-india.org/news/indiatimes-sonal-bhadoria-nov-21-2012-indias-shame-world-reacts-to-fb-post-arrest

How to Steer Clear of India’s Strict Internet Laws

praskrishna — 2012-11-30T10:13:53Z

The arrest of two women in Mumbai for a Facebook post is the latest heavy-handed move by India’s government to curb what Indian citizens say on the Internet.

The article by Sangeeta Rajesh and Heather Timmons was published in the New York Times on November 20, 2012. Sunil Abraham and Pranesh Prakash are quoted.

The two women were arrested Sunday under a section of the Indian Penal Code that outlaws spreading “statements creating or promoting enmity, hatred or ill- will between classes” after one complained about the citywide strike sparked by the death of the Shiv Sena leader Bal Thackeray and the second woman “liked” her statement.

But the incident was just the latest in a string of recent arrests, detentions and account suspensions in India over online comments. If you live in India and have an opinion someone might not like, but you don’t want to become a target of the law, there’s one easy rule you need to follow, experts say: stay off social media.

Right now, “there’s nothing one can do but to close up your social media accounts” and stop voicing your opinion on the Internet entirely, if you want to guarantee you won’t be arrested in India, said Sunil Abraham, executive director at the Center for Internet and Society in Bangalore. (To be sure, that’s not what most free speech advocates recommend that you do. India Ink will soon have more on a social media activist who is fighting India’s strict Internet controls.)

Mr. Abraham advises extreme caution because India’s free speech rules have been historically weak (read more about India’s long history of censorship here), a relatively new Internet law is extremely broadly defined and police and lawmakers themselves are sometimes confused about what the actual rules themselves say.

A screenshot of Ravi Srinivasan’s twitter page. Mr. Srinivasan was arrested for a tweet he posted.

Late last month, Ravi Srinivasan, a Puducherry businessman and an India Against Corruption volunteer, was arrested for his Twitter post that alleged Karti Chidambaram, the son of Finance Minister P. Chidambaram, had amassed a large amount of wealth. Mr. Srinivasan was arrested Oct. 30 but was later released on bail.

Earlier in October, an associate professor of the National Institute for Fashion Technology in Chennai was arrested after what the Tamil Nadu singer Chinmayi said was a long period of harassment on the Internet, including negative Twitter messages. In August, the Indian government demanded Internet service providers suspend hundreds of Web pages to curb ethnic tension and asked Twitter to suspend accounts parodying government officials. Last year, the central government asked social media companies to prescreen content about India for objectionable remarks.

The key culprits here are revisions to India’s Information Technology Act made in 2008 and 2011, experts say, that leave nearly everything that is transmitted via the Internet open to interpretation by nearly everyone who reads it on the Internet. Things that are considered “annoying” and “offensive” can, under the law, land their sender in jail for up to three years.

While some of India’s nearly 50 million Facebook users and millions of Twitter users are up in arms about the recent arrests in Mumbai and are sharing the woman’s original post, under the theory that the police can’t arrest everyone, conservative advocates don’t recommend that sort of action on the Internet.

V. Vijaya Baskar, an advocate with Madras High Court practicing civil, criminal and family law for over 10 years, said that there are basic guidelines of free speech behavior that should be followed, even by Internet users. The most important, he said, is to avoid the use of obscene language and pictures, which are considered a direct threat. He also advised against getting into confrontations with people you don’t know or recognize on social media.

“If you have a true and verifiable source or documented evidence, then making a public statement is not defamation, but making passing comments of any person, particularly people in public life, will amount to defaming the person and is punishable,” he said.

While India’s government and law officials sometimes come across as not very tech-savvy, Pranesh Prakash, policy director at the Center for Internet and Society, said that lawmakers in many countries with a much higher Internet penetration are just as challenged by the Internet. And in India, while the laws are strict, people seldom land in jail for Internet-related offenses, he said.

“The detention law in India, sensibly, defaults to ‘bail, not jail,’ ” he said.

Mr. Prakash said he could not offer any global guidelines to avoid being arrested, and concluded that “each forum has its own rules of etiquette, which cannot be codified or enforced by legislation.” Online speech can be disagreed upon and opinions should be made known, since it is only the “natural tendency for people with extreme views to be more vocal online.”

Not surprisingly, the authorities in India who have been involved in arrests insist they are just doing their job, and doing it well. The Tamil Nadu police, for example, said they acted appropriately in Mr. Srinivasan’s arrest.

R. S. Krishna, inspector general for law and order, told the media that the Puducherry police could not be faulted for filing a First Investigation Report, the precursor to filing charges, against Mr. Srinivasan.

“I am very clear that we have acted purely on the basis of the merit of the complaint, in accordance with the rule of law,” he said. “We are right on our part.”

For more details visit https://cis-india.org/news/india-blogs-nytimes-november-20-2012-how-to-steer-clear-of-indias-strict-internet-laws

Arrest of girl over Thackeray FB update a clear misuse of Sec 295A

praskrishna — 2012-11-20T12:00:53Z

The arrest of 21-year-old Shaheen Dhada over her Facebook status update questioning the shutdown of Mumbai over Shiv Sena supremo Bal Thackeray‘s death, is a clear misapplication of section 295 A of the Indian Penal Code (“outrage religious feelings of any class”), according to Pranesh Prakash of the Centre for Internet and Society.

The article was published in FirstPost on November 19, 2012. Pranesh Prakash is quoted.

In comments to Firstpost, Prakash said that this law had been misused numerous times in the state of Maharashtra.

“Even the banning of James Laine’s book Shivaji happened under section 295 A, and the ban was subsequently held to have been unlawful. What makes this seem ironic, and almost a parodic news report, is the fact that Bal Thackeray probably violated this provision more times than most other politicians, but was only charged under it once or twice”, he said.

Dhada’s status update reportedly read, “People like Thackeray are born and die daily and one should not observe a bandh for that.” A friend of hers who ‘liked’ the comment was also arrested.

Prakash said that the arrest called for a discussion on the regulation of speech and expression. “It being a Facebook status update should not grant it any special immunity; the fact of that update not being punishable under s.295 A should! It isn’t regulation of social media that needs to be discussed, but regulation of speech and expression”, he said.

News of the arrest has understandably drawn a lot of attention on social media, and forums like Facebook and Twitter reflected outrage at the news.

The Times of India also reported that a mob of Shiv Sena workers attacked and ransacked the girl’s uncle’s orthopaedic clinic at Palghar, even though she withdrew her comment and apologised.

For more details visit https://cis-india.org/news/first-post-india-nov-19-2012-arrest-of-girl-over-thackeray-fb-update-clear-misuse-of-sec-295a

Arrests over Facebook posts: Why we’re on a dangerous slide

praskrishna — 2012-11-20T11:47:43Z

The most bizarre thing about the arrest of Shaheen Dhada and Renu Srinivasan on Monday over a Facebook post that questioned the wisdom of a bandh to mark Shiv Sena leader Bal Thackeray‘s death is that no laws were actually violated by the post.

Venky Vembu's article was published in FirstPost on November 20, 2012. Pranesh Prakash is quoted.

In tone and in content, the post is remarkably restrained, particularly when compared to the rather more incendiary messages that are commonplace on social media platforms. Nor was it even halfways defamatory in the way that many rants on Twitter and Facebook have unfortunately come to be.

Yet, the Mumbai police appear to have cravenly capitulated in the face of some arm-twisting by a local Sena strongman and gone ahead to arrest the two young women on charges that seem laughable even given the extraordinarily sweeping, catch-all clauses of the Information Technology Act.

It is hard to see how Shaheen Dhada violated the two sections of the law under which she has been charged – Section 295A of the Indian Penal Code (“outraging religous feelings of any class”) or even the draconian Section 66A of the IT Act (“sending offensive messages through communication service, etc.”) – with her contemplative post, or what crimes Renu Srinivasan committed in merely ‘liking’ the post.

But it is a sign of the disquieting nature of the provision of the law, and the perverse manner in which it is being implemented, that there weren’t adequate checks and balances to inhibit the wilful deployment of the law on such frivolous grounds. Ironically, the goons who actually wrecked the clinic of Dhada’s uncle haven’t been called to account.

If that is bad enough, it is doubly perverse for Kapil Sibal to claim in all innocence that he is “deeply saddened” by the arrest of the two young women and to insinuate that the IT Act, which he was instrumental in passing, was being misused on grounds of improper implementation.

The fact of it is that the IT Act that he fathered, and particularly the notorious Section 66A, was deliberately worded to give maximum potential for mischief. There have been far too many egregious instances of its misuse by discredited governments and politicians for Sibal to claim that these are random incidents of misuse of the law. Just last month, Finance Minister P Chidambaram’s son Karti had a Puducherry businessmen and anti-corruption activist hauled up by the police for a Twitter post in which the businessman alleged that Karti had “amassed more wealth” than Sonia Gandhi‘s son-in-law.

It’s important to get a sense of why the latest arrests take us further on the slippery slope towards curtailing free speech. Justice Markandeya Katju has repeatedly pointed to the egregious encroachment on the freedom of speech by this provision of law, and has been vocal in calling both politicians and policemen to account whenever the law is abused in this manner.

“It is absurd to say that protesting against the bandh hurts religious sentiments,” Katju observed in a letter to the Maharashtra Chief Minister. “Under Article 19 of our Constitution, freedom of speech is guaranteed fundamental right. We are living in a democracy, not a fascist dictatorship.”

If anything, Katju argued, “this arrest itself appears to be a criminal act since under Sections 341 and 342, it is a crime to wrongfully arrest or wrongfully confine someone who has committed no crime.”

As Pranesh Prakash at the Centre for Internet and Society points out, in the context of Monday’s arrests, “This should not be seen merely as ‘social media regulation’, but as a restriction on freedom of speech and expression by both the law and the police.” Section 66A, he says, makes certain kinds of speech-activities (“causing annoyance”) illegal if communicated online, but legal if that same speech-activity is published in a newspaper.

This distinction is important, Prakash notes, since the mere fact that it was a Facebook status update “should not grant Shaheen Dhada any special immunity”. If anything, it is the fact that her update is not punishable under Section 295 of the IPC or of Section 66A of the IT Act that should give her the immunity, he adds.

With each instance in which Section 66A of the IT Act is being invoked, the potential for mischief embedded in the law is being exposed. Monday’s arrests – of two young women for crimes they did not even commit – are the most brazen instance of their abuse.

Of course, the perverse provision of law has been abused in the real world through selective and arbitrary invocation of the law. But the original sin lies in the law itself. It is the most potent threat to free speech online, and if the law isn’t amended to throw out these perverse provisions, India can kiss goodbye to any lingering pretensions to being a democracy of any sort.

For more details visit https://cis-india.org/news/first-post-politics-venky-vembu-nov-20-2012-arrests-over-facebook-posts-why-were-on-a-dangerous-slide

Internet users flay Mumbai girls' arrest over Facebook post

praskrishna — 2012-11-20T11:35:04Z

The arrest of two girls over their Facebook post on shutdown in Mumbai for Bal Thackeray's funeral on Monday again opened a can of worms with netizens calling the move a "social media hijack by the powerful and the fundamentalists". Social media was abuzz with tweets and posts about the arrest, with most referring to the arrest as yet another move to curb freedom of speech on the Internet.

This post was published by IBN Live on November 20, 2012. Pranesh Prakash is quoted.

Noted journalist Gautam Chikermane tweeted "First Pondicherry businessman, now 21 year old Palghar girl. Next: all of us. Social media hijack by the powerful and the fundamentalists". Minister of State (Communications and IT) Milind Deora tweeted: "To learn who rules over you, simply find out who you are not allowed to criticize ~ Voltaire".

Communication specialist Alyque Padamsee expressed shock at the arrest and the vandalism at the clinic of one of the girl's uncle. "I want to know how these girls have broken the law when all they said is that why should Mumbai come to a standstill. There is nothing derogatory against Thackeray. I do not see anything illegal in that," he said. Padamsee further said the Constitution provides everyone free speech and that "no one should be arrested on such flimsy grounds".

Pavan Duggal, Cyber law Expert and an advocate with Supreme Court also voiced similar views. "This is high time for the government for the review of the law. The government should amend the IT Act so as to narrow down its provisions as some of the these violate our constitutional right of free speech."

He added that it would be a bigger challenge for the prosecution to prove that the statement could incite communal disharmony and violence. "This should not be seen merely as "social media regulation", but as a restriction on freedom of speech and expression by both the law and the police," Centre for Internet and Society Policy Director Pranesh Prakash said.

The two girls--Shaheen Dhada and Renu--were sent to 14-day judicial custody by a court before which they were produced today but were granted bail within hours after they furnished personal bonds. There was also an attack on the clinic of an uncle of one of them by Sena activists.

The arrests also sparked an outrage with Press Council of India chief Markandey Katju today demanding "immediate" action against police personnel involved. While Dhada was arrested for the post, Dhada's friend Renu was arrested for 'liking' the post. "Police arrested both of them under section 505(2) (statements creating or promoting enmity, hatred or ill-will between classes). Today, they were granted bail," their advocate Sudhir Gupta said.

The duo was arrested following a police complaint lodged by a local Sena leader. After the comment was posted, a mob of nearly 40 Shiv Sainiks allegedly barged into Dhada's uncles's orthopaedic hospital at Palghar and vandalised the place on Sunday. However, no arrests were made in connection with the attack.

Some other tweets in support of the girls read: "Hatred of minorities, liberals is an epidemic on Twitter. Law shd be harsh on hatespeak not on democratic rights of 21 year olds!Cheerio" (@sagarikaghose) and "So the girl n frnd got arrested for posting stuff on FB did Shiv sainiks get arrested for destroying the doc's hospital?? #Mumbai #Balasaheb" (@SocoMumbai).

Last month, a businessman from Puducherry was arrested on the charge of posting "offensive" messages on social media targeting Union Finance Minister P Chidambaram's son Karti Chidambaram.

The following image was also being circulated over the Internet and is said to be the Facebook post that led to the girls' arrest:

For more details visit https://cis-india.org/news/ibnlive-news-nov-20-2012-netizens-flay-mumbai-girls-arrest-over-facebook-post

Girl's arrest draws flak on social media

praskrishna — 2012-11-20T11:04:27Z

The arrest of a 21-year-old girl by Mumbai police for criticizing the shutting down of the city following the death of Bal Thackeray come under fire from netizens.

Arun Dev's article was published in the Times of India on November 20, 2012. Pranesh Prakash is quoted.

Many tweets and Facebook posts popped up soon after the news of her arrest played on TV and social media networks, some even reposting what she first posted on her page.

Pranesh Prakash, programme manager, Centre for Internet and Society, told TOI this case was a clear case of misapplication of Section 295A of the Indian Penal Code. "This provision has been frivolously used numerous times in Maharashtra. Even the banning of James Laine's book, 'Shivaji: Hindu King in Islamic India', happened this section. The ban was subsequently deemed unlawful by both the Bombay high court and the Supreme Court. Indeed, Section 295A has not been applied in cases where it's more apparent," he said.

On the CIS blog, he commented, "Interestingly, the question arises of the law under which the friend who 'liked' the Facebook status update was arrested. It would take a highly clever lawyer and a highly credulous judge to make 'liking' of a Facebook status update an act capable of being charged with electronically sending ... any information that is grossly offensive or has menacing character".

"It is absolutely ridiculous. Regardless of the fact she was given bail, she was sent to 14 days of judicial custody for a mere comment. We have allowed our social media to be free and open but we have laws which are ancient," said Lawrence Liang, a lawyer working on media laws with the Alternative Law Forum in Bangalore. "Such cases don't stand a chance in a court of law. We need procedural safeguards which will ensure cases which are not relevant are not be allowed to be filed," he added.

The open letter to the chief minister of the Maharashtra by Justice Katju, Chairman, Press Council of India, and former Judge, Supreme Court of India too was widely circulated on social media. Some posted this excerpt: "We are living in a democracy, not a fascist dictatorship. In fact this arrest itself appears to be a criminal act since under sections 341 and 342 it is a crime to wrongfully arrest or wrongfully confine someone who has committed no crime."

For more details visit https://cis-india.org/news/times-of-india-arun-dev-nov-20-2012-girl-arrest-draws-flak-on-social-media

Girls arrested for Facebook post on Thackeray get bail

praskrishna — 2012-11-30T05:18:30Z

Two girls who were arrested for making a Facebook comment protesting the closure of shops in the wake of Shiv Sena supremo Bal Thackeray‘s death, have been released on bail bonds of Rs 15,000 each.

This article was published in the FirstPost on November 19, 2012. Pranesh Prakash is quoted.

The duo, one of whom had reportedly updated her Facebook status to read “People like Thackeray are born and die daily and one should not observe a bandh for that” and the other one who ‘liked’ it, were initially booked under section 295A (hurting the religious sentiment of others) and were reportedly remanded to judicial custody for 14 days, NDTV reported.

The two girls were arrested after a complaint made to the Palghar police station in neighbouring Thane district by a local Sena leader.

A group of Shiv Sainiks attacked and ransacked the girl’s uncle’s orthopaedic clinic at Palghar, even though she withdrew her comment and apologised.

In comments to Firstpost, Pranesh Prakash of the Centre for Internet and Society, said that the arrest was a gross misapplication of the Indian Penal Code, and said that this particular provision had been misused on multiple occasions by the state of Maharashtra.

“What makes this seem ironic, and almost a parodic news report, is the fact that Bal Thackeray probably violated this provision more times than most other politicians, but was only charged under it once or twice”, he said.

The arrest has predictably elicited outrage from across the spectrum. Many took to social media to express their disgust, while NDTV reported that Maharashtra police HQ in Mumbai was very upset with the action taken by the Palghar police.

Press Council of India Chairman Markandey Katju had also called for the immediate release of the girls and wrote to Maharashtra Chief Minister Prithviraj Chavan asking him to ensure it.

Pointing out that people were not living under a fascist dictatorship, he said that the act of arrest appeared to be a criminal act since it was a violation under sections of the Indian Penal Code to wrongfully arrest or confine anyone.

The PCI chief said that legal consequences would follow if the Chief Minister failed to take action.

For more details visit https://cis-india.org/news/first-post-nov-19-2012-girls-arrested-for-facebook-post-on-thackeray-get-bail

Arbitrary Arrests for Comment on Bal Thackeray's Death

pranesh — 2013-01-02T03:42:37Z

Two girls have been arbitrarily and unlawfully arrested for making comments about the late Shiv Sena supremo Bal Thackeray's death. Pranesh Prakash explores the legal angles to the arrests.

Facts of the case

This morning, there was a short report in the Mumbai Mirror about two girls having been arrested for comments one of them made, and the other 'liked', on Facebook about Bal Thackeray:

Police on Sunday arrested a 21-year-old girl for questioning the total shutdown in the city for Bal Thackeray’s funeral on her Facebook account. Another girl who ‘liked’ the comment was also arrested.

The duo were booked under Section 295 (a) of the IPC (for hurting religious sentiments) and Section 64 (a) of the Information Technology Act, 2000. Though the girl withdrew her comment and apologised, a mob of some 2,000 Shiv Sena workers attacked and ransacked her uncle’s orthopaedic clinic at Palghar.

“Her comment said people like Thackeray are born and die daily and one should not observe a bandh for that,” said PI Uttam Sonawane.

What provisions of law were used?

There's a small mistake in Mumbai Mirror's reportage as there is no section "64(a)"¹ in the Information Technology (IT) Act, nor a section "295(a)" in the Indian Penal Code (IPC). They must have meant section 295A of the IPC ("outraging religious feelings of any class") and section 66A of the IT Act ("sending offensive messages through communication service, etc."). (Update: The Wall Street Journal's Shreya Shah has confirmed that the second provision was section 66A of the IT Act.)

Section 295A of the IPC is cognizable and non-bailable, and hence the police have the powers to arrest a person accused of this without a warrant.² Section 66A of the IT Act is cognizable and bailable.

Update: Some news sources claim that section 505(2) of the IPC ("Statements creating or promoting enmity, hatred or ill-will between classes") has also been invoked.

Was the law misapplied?

This is clearly a case of misapplication of s.295A of the IPC.³ This provision has been frivolously used numerous times in Maharashtra. Even the banning of James Laine's book Shivaji: Hindu King in Islamic India happened under s.295A, and the ban was subsequently held to have been unlawful by both the Bombay High Court as well as the Supreme Court. Indeed, s.295A has not been applied in cases where it is more apparent, making this seem like a parody news report.

Interestingly, the question arises of the law under which the friend who 'liked' the Facebook status update was arrested. It would take a highly clever lawyer and a highly credulous judge to make 'liking' of a Facebook status update an act capable of being charged with electronically "sending ... any information that is grossly offensive or has menacing character" or "causing annoyance or inconvenience", or under any other provision of the IT Act (or, for that matter, the IPC).⁴ That 'liking' is protected speech under Article 19(1)(a) is not under question in India (unlike in the USA where that issue had to be adjudicated by a court), since unlike the wording present in the American Constitution, the Indian Constitution clearly protects the 'freedom of speech and expression', so even non-verbal expression is protection.

Role of bad law and the police

In this case the blame has to be shared between bad law (s.66A of the IT Act) and an abuse of powers by police. The police were derelict in their duty, as they failed to provide protection to the Dhada Orthopaedic Hospital, run by the uncle of the girl who made the Facebook posting. Then they added insult to injury by arresting Shaheen Dhada and the friend who 'liked' her post. This should not be written off as a harmless case of the police goofing up. Justice Katju is absolutely correct in demanding that such police officers should be punished.

Rule of law

Rule of law demands that laws are not applied in an arbitrary manner. When tens of thousands were making similar comments in print (Justice Katju's article in the Hindu, for instance), over the Internet (countless comments on Facebook, Rediff, Orkut, Twitter, etc.), and in person, how did the police single out Shaheen Dhada and her friend for arrest?⁵

This should not be seen merely as "social media regulation", but as a restriction on freedom of speech and expression by both the law and the police. Section 66A makes certain kinds of speech-activities ("causing annoyance") illegal if communicated online, but legal if that same speech-activity is published in a newspaper. Finally, this is similar to the Aseem Trivedi case where the police wrongly decided to press charges and to arrest.

This distinction is important as it being a Facebook status update should not grant Shaheen Dhada any special immunity; the fact of that particular update not being punishable under s.295 or s.66A (or any other law) should.

Section 64 of the IT Act is about "recovery of penalty" and the ability to suspend one's digital signature if one doesn't pay up a penalty that's been imposed.↩
The police generally cannot, without a warrant, arrest a person accused of a bailable offence unless it is a cognizable offence. A non-bailable offence is one for which a judicial magistrate needs to grant bail, and it isn't an automatic right to be enjoyed by paying a bond-surety amount set by the police.↩
Section 295A of the IPC has been held not to be unconstitutional. The first case to challenge the constitutionality of section 66A of the IT Act was filed recently in front of the Madurai bench the Madras High Court.)↩
One can imagine an exceptional case where such an act could potentially be defamatory, but that is clearly exceptional.↩
This is entirely apart from the question of how the Shiv Sena singled in on Shaheen Dhada's Facebook comment.↩

This blog entry has been re-posted in the following places

Outlook (November 19, 2012).
KAFILA (November 19, 2012).

For more details visit https://cis-india.org/internet-governance/blog/bal-thackeray-comment-arbitrary-arrest-295A-66A

Women arrested for Facebook post: Did cops act under Sena pressure?

praskrishna — 2012-11-21T11:17:37Z

After Bal Thackeray's death, during the Mumbai Bandh, a 21-year-old criticised the shutdown on her Facebook page — her friend approved of it — next thing they know, they are facing a case, and this morning they were arrested.

YP Singh, Alyque Padamsee, Rohan Joshi, Karuna Nundy and Pranesh Prakash took part in a discussion about the arrest of two girls over a Facebook comment. The discussion was aired in NDTV on November 19, 2012.

The anchor asked Pranesh Prakash:

Who are these people scrolling through people's Facebook posts and Twitter accounts, finding these comments and taking action?

Pranesh Prakash said that it could be anyone. The reality is doesn't really matter because the laws are written in such a way that if it is public and stuff that is on Facebook for different purposes can either be public or private, if it is public these laws can very often apply and that is a problem. We haven't quite figured out to what extent these laws apply. The IT Act section 66A for instance, is unconstitutional, section 295 A which has been applied, and section 505 which also seems to have been applied in this case make it a clear case of misappropriation of those provisions. These kind of arrests will happen. It doesn't quite matter if we have right laws at one level and it clearly doesn't help if we have bad laws. What we need to do at least in part to remedy the situation is to amend the IT Act to make it consonant and consistent with civil and political rights and to do so in multi-stakeholder fashion involving civil society, industry and government. Right now it doesn't protect privacy and freedom of speech as much as it should.

Watch the full video aired on NDTV

For more details visit https://cis-india.org/news/ndtv-video-ndtv-special-ndtv-24x7

Two women arrested over Facebook gripe on Mumbai shutdown

praskrishna — 2013-01-15T09:26:33Z

A woman who complained about the Indian city of Mumbai shutting down for the funeral of divisive Hindu nationalist politician Balasaheb Thackeray was arrested for "hurting religious sentiments," local police told reporters amid public anger over the case.

This article by Emily Alpert appeared in Los Angeles Times on November 19, 2012. Pranesh Prakash is quoted.

Indian media identified the woman as Shaheen Dhada, 21, who reportedly wrote, "People like Thackeray are born and die daily and one should not observe a bandh [shutdown] for that.”

Police also arrested a friend of hers who "liked" the comment.

The Facebook remark spurred angry backers of Thackeray, a controversial figure who once openly called for attacks on Muslims, to assault a clinic owned by Dhada' uncle. Analysts told the Associated Press that the arrests appeared to be a move by police to head off any further violence from Thackeray supporters.

Free-speech groups were outraged by the ransacking and arrests. In a blistering letter to the chief minister of Maharashtra state, a former Supreme Court justice who now heads the Press Council of India called the charges absurd and unlawful and demanded that the police officers involved be prosecuted.

"We are living in a democracy, not a fascist dictatorship," Markandey Katju wrote.

The Maharashtra director-general of police ordered a probe into the arrests Monday, Indian television station IBN reported. The two women were reportedly released on bail during the day.

The Shiv Sena political party that Thackeray founded has polarized Mumbai over the years with campaigns against Muslims and migrants. His death put the city on high alert over the weekend amid fears of violence. As shops were shuttered and taxis sat idle, some Mumbai residents grew frustrated.

"When tens of thousands were making similar comments ... how did the police single out Shaheen Dhada and her friend for arrest?” wrote Pranesh Prakash of the Center for Internet and Society. He added, "This should not be written off as a harmless case of the police goofing up."

For more details visit https://cis-india.org/news/la-times-nov-19-2012-emily-alpert-two-women-arrested-over-facebook-gripe-on-mumbai-shutdown

Post and be Damned

praskrishna — 2012-11-19T03:40:46Z

Your careless comments online could put you in jail, thanks to Section 66A of the Information Technology Act. Kavitha Shanmugam examines a law that some critics say is vague and unconstitutional

Kavita Shanmugham's column was published in the Telegraph on November 14, 2012. Pranesh Prakash is quoted.

Two weeks ago, S. Ravi, owner of a small plastic packaging unit in Puducherry, was rudely woken up by the police at 5am, manhandled and arrested. Reason: Ravi had posted a couple of unflattering comments about Karti Chidambaram, son of finance minister P. Chidambaram, on Twitter. He had tweeted that Chidambaram Junior "had amassed more wealth than Robert Vadra".

Ravi was arrested under Section 66A of the Information Technology (IT) Act, 2008, and hauled up before a judicial magistrate who remanded him to nine days in custody. "It was then that I became really scared," says Ravi, who is out on bail.

A casual tweeter with just 16 followers, Ravi believes he did nothing wrong. “I was using a statement that was already there on the Internet. They could have sent me a lawyer’s notice or investigated the complaint before taking action,” argues Ravi, whose Twitter following has now jumped to 2,518.

"My tweet was retweeted by 20,000 people, who dared the authorities to arrest them too," he adds indignantly, terming Section 66A a “draconian law" with "wide scope for misuse".

Ravi is not alone in denouncing Section 66A of the IT Act. Indeed, there is now a huge outcry against the law, with a section of legal and cyber experts saying that it is nothing but a useful tool in the hands of the powers that be to curb freedom of speech and expression online.

At the same time, there are those who believe that online abuse or defamation cannot masquerade as freedom of speech and that the law is necessary to move against those who commit this offence.

Karti Chidambaram, for one, believes that Ravi’s tweet was motivated and defamatory. "The tweeter made one tweet in 78 days. It was about me. It clearly implied that I am corrupt. That is malicious. So I preferred a complaint to the police. The law exists. I didn’t frame the law," he says.

Section 66A of the IT Act lays down that a person can be punished with up to three years’ imprisonment if he or she sends offensive information or messages through a computer resource or communication device. The problem arises because it fails to clarify what can be termed "offensive". For example, information that is "grossly offensive" or has "menacing character” or information disseminated for the “purpose of causing annoyance and inconvenience" are all brought under the ambit of "offensive". This leaves the law wide open for various interpretations and abuse. "It’s too vaguely worded," insists M. Lenin, a lawyer advising volunteers of India Against Corruption in Chennai. “Any online statement can be declared 'offensive' and any tweet may be deemed ‘inconvenient’. The section has become a convenient tool for the police to harass people."

Section 66A of the IT Act lays down that a person can be punished with up to three years’ imprisonment if he or she sends offensive information or messages through a computer resource or communication device. The problem arises because it fails to clarify what can be termed "offensive". For example, information that is "grossly offensive" or has "menacing character” or information disseminated for the “purpose of causing annoyance and inconvenience" are all brought under the ambit of "offensive". This leaves the law wide open for various interpretations and abuse.

"It’s too vaguely worded," insists M. Lenin, a lawyer advising volunteers of India Against Corruption in Chennai. “Any online statement can be declared 'offensive' and any tweet may be deemed ‘inconvenient’. The section has become a convenient tool for the police to harass people."

Earlier this year, Section 66A was also invoked, among other laws, to arrest Jadavpur University professor Ambikesh Mahapatra for forwarding an email cartoon of West Bengal chief minister Mamata Banerjee.

Indeed, some experts go a step further and call Section 66A patently unconstitutional. Says Pranesh Prakash, policy director, Centre for Internet and Society, Bangalore, "It’s clearly in violation of Article 19(1)(a) of our Constitution that guarantees freedom of speech. The fact that some information is ‘grossly offensive’ (Section 66A) or that it causes ‘annoyance’ or ‘inconvenience’ while being known to be false (Section 66A(c)) cannot be a reason for curbing freedom of speech unless it is directly related to violating decency, morality or public order, or amounts to defamation."

However, apologists for Section 66A argue that the law has its merits too in that it can be used to move against genuine incidents of harassment or defamation online. Take the case of Chinmayee Sripada, a popular Chennai-based playback singer. Chinmayee, who has one lakh followers on Twitter, was targeted by a group of six men who sent her lewd and threatening tweets for a period of time. Apparently, they were upset with her remarks on reservation and for not joining them in a Twitter campaign against the killing of Tamil Nadu fishermen by the Sri Lankan navy.

Recently, Chinmayee complained to the police with “thousands of pages of ugliness and vulgarity” and the trolls, including a professor at the National Institute of Fashion Technology, Chennai, were identified and arrested under Section 66A.

The offending tweeters apologised to her and closed their accounts after the arrest. "I believe Section 66A belled the cat. The arrest made people realise that Twitter also demands self-regulation. In the name of freedom of speech there is zero control on platforms like Twitter. There should be some boundaries," says Chinmayee’s mother T. Padmahasini.

Ramachandra Murthy, Ravi’s lawyer, too believes that Section 66A is a "good tool" for genuine cases of harassment. "Unfortunately, it is being misused by influential people. Still, if you are innocent the case can never hold up in court," he reasons.

Others question the need for a separate law to deal with cases of online defamation or harassment when the Indian Penal Code already has provisions to tackle them. New Delhi-based lawyer Apar Gupta cites the examples of Section 500, 499 and 294 of the IPC which deal with defamation or committing obscene acts in public. "Section 66A only makes the burden on the accused harsher," he adds.

While some IT experts want Section 66A scrapped, others say that it should at least be amended. “Even if the section is not struck off the statute books, the provisions in it may be read down by the courts and safeguards may be prescribed in its application,” says Gupta.

Until that happens, mistaking social media platforms for online drawing rooms where you can indulge in all kinds of freewheeling chat could be fraught with danger.

Justice A.P. Shah, a former chief justice of the Delhi High Court, echoes that view. "Section 66A is very broad and loosely worded. The scope of such a law has to be restricted. Instead, it is vague and clearly violative of Article 19(1)(a) of the Constitution that guarantees freedom of speech and expression," he says.

For more details visit https://cis-india.org/news/telegraphindia-opinion-story-kavitha-shanmugham-nov-14-2012-post-and-be-damned

The Privatisation of Censorship: The Online Responsibility to Protect Free Expression

praskrishna — 2012-12-09T01:48:13Z

Pranesh Prakash was a panelist at this workshop organised on November 5, 2012. It was organized by Index on Censorship.

Much is known about state censorship, but increasingly private corporations are implementing censorship either at the behest of governments, or as part of a ‘walled garden’ approach. This censorship takes many guises: whether the proactive take-down of entirely legal material, the blocking of websites by overly zealous ISPs, mobile filters that cut access to websites such as Index on Censorship and the use of surveillance technology on behalf of autocratic states. The combination of state-led censorship with the privatisation of censorship requires a debate on the responsibilities of corporations and the framework needed to protect free expression online.

This side session will focus on two key areas:
1. Take-down, blocking and filtering of content
2. The export of surveillance technology, privacy

The panel will explore the ways in which the above can affect free expression online, and how civil society, governments and corporations can and should approach these issues, addressing the following questions:

1. Whether, why and in what ways censorship and surveillance is either as or more pervasive, intrusive and chilling than offline, and the impact on free speech and press freedom?
2. The inappropriate, intrusive or excessive use of filters and firewalls including how these impact directly and indirectly on access to media and the nature of news provision
3. Criminalisation of free speech and free expression – chilling use of takedown requests (impacting on public online debates, on media freedom including investigative journalism), and constraints on comment and debate (twitter, trolls, comment threads etc);
4. Excessive and blanket surveillance and data-gathering
5. Regulations and laws including intermediary responsibility that curtail digital free speech

Chair:
Michael Harris, Head of Advocacy, Index on Censorship

Panelists:

Dr Hosein Badran, Regional Chief Technology Officer, Cisco Systems International, covering MENA
Pranesh Prakash, Policy Director at the Centre for Internet and Society
Abhilash Nair, Northumbria University, UK
Camino Manjon Sierra, International Relations Policy Officer, Directorate General for Communications Networks, Content and Technology, European Commission
Andrew Puddephatt, Global Partners and Associates

For more details visit https://cis-india.org/news/privatisation-of-censorship

On social media, Modi goes soft

praskrishna — 2012-11-02T06:20:13Z

“Truth stands on its own; it doesn’t need a prop.” Is this Mahatma Gandhi? No, it’s Gujarat chief minister Narendra Modi on Twitter. Gujarat’s elections are near, but in the arena of social media, Modi has already won. From over a million subscribers on Twitter to a Facebook page flooded with “likes”, Modi’s net is cast wide.

Zia Haq's article was published in the Hindustan Times on October 26, 2012. Sunil Abraham is quoted.

In political rallies, Modi roars with demagogic speeches. On Twitter, he displays a softer, brooding side: “Powers of the mind are like rays of light.” Only occasionally is a political challenge thrown in: “Delhi Sultanate treats Gujarat like enemy nation but Gujarat will never bow.”

A polarising figure still, Modi is often accused of avoiding action to stop a carnage that killed nearly 2,000 people in 2002, mostly Muslims. Yet, he has pulled off a stunning PR strategy on social media to showcase Gujarat as India’s Guandong, a Chinese province with top GDP rankings. Gujarat has posted robust growth rates, although its human-development indicators remain skewed.

Modi became the third politician globally, after Obama and the Australian PM, to host a political conference on Google+ hangout, a video chat platform. In the past quarter, he added nearly 24,000 Twitter subscribers every 12 days, according to twittercounter.com.

Modi has leveraged social media in a way the Congress hasn’t been able to. Unlike him, none among the Congress’s leadership, including Rahul Gandhi, has a personal Twitter account. “Our leaders believe more in transparent dialogues with the public, rather than spreading Internet canards,” said Congress spokesperson Manish Tewari.

Shashi Tharoor, a Congress MP with the highest Twitter subscriber base among Indian politicians, attracts mostly the elite, not the masses.

He jibes at his own government with irreverent tweets often making his party frown.

Yet, research shows that social media is more persuasive than television ads. Nearly 100 million Indians, more than Germany’s population, use the Internet.

Of this, the 40 million who have broadband are the ones active on the social media. “Unlike Obama, who used it directly for votes, Indian politicians tend to use social media more to mould public discourse,” says Sunil Abraham, the CEO of The Centre for Internet and Society.

For more details visit https://cis-india.org/news/hindustan-times-specials-coverage-gujarat-assembly-elections-2012-zia-haq-oct-26-2012-on-social-media-modi-goes-soft

Arrested for tweeting: Legitimate or Curbing Free Speech?

praskrishna — 2012-11-02T06:09:57Z

As a man in Puducherry is arrested for allegedly posting on Twitter that MR Chidambaram's son had amassed wealth more than that of Robert Vadra, we discuss whether freedom of speech is absolute.

Sunil Abraham along with Shivam Vij, Journalist and Blogger, SB Mishra, Additional DCP, Census Wing, Economic Offence Wing, Delhi Police, and Sanjay Pinto, Advocate, Madras High Court participated in this discussion aired in NDTV on October 31, 2012.

Watch the full video on NDTV

For more details visit https://cis-india.org/news/ndtv-news-oct-31-2012-arrested-for-tweeting-legitimate-or-curbing-free-speech

Censorship makes India fall two places on global internet freedom chart

praskrishna — 2012-09-27T10:37:47Z

A recently released global report on the internet freedom rated India 39th in 2012, a slip from two places last year.

The article by Dilnaz Boga was published in DNA on September 27, 2012.

The report titled, Freedom on the net 2012 (FOTN): A global assessment of internet and digital media by Freedom House, a Washington-based monitoring group conducted a comprehensive study of internet freedom in 47 countries.

Quoting Bangalore-based Centre for Internet and Society, the report said 309 specific items (URLs, Twitter accounts, img tags, blog posts, blogs, and a handful of websites) have been blocked by the government. But officially, the government has admitted to blocking 245 web pages for inflammatory content hosting of provocative content.

Ketan Tanna, India analyst for Freedom House told DNA, “A reflection of the downward spiral in the freedom on the net that Indians enjoy is evident in the upward revision of scores for India in the FOTN 2012 report. India was one of the only 4 of the 20 countries that “recently experienced declines” and are democracies. The other three are Mexico, Turkey and South Korea.”

Internet usage in India continues to increase, with tens of millions of new users getting online each year. According to the International Telecommunications Union, internet penetration was 10% — or about 120 million people at the end of 2011. Among internet users, 90 million were ‘active,’ accessing it at least once a month (70 million urban and 20 million rural).

The report has mentioned that in India, “amid several court cases regarding intermediaries’ responsibility for hosting illegal content, much evidence has surfaced that intermediaries are taking down content without fully evaluating or challenging the legality of the request”.

Citing an example, Tanna said in December 2011, the website Cartoons against Corruption was suspended by its hosting company after a complaint filed with the Mumbai police alleged that the site’s cartoons ridiculed parliament and national emblems. “As a result of such dynamics, large swaths of online content are disappearing, and the losses are far more difficult to reverse than the mere blocking of a website,” he added.

More common than website blocking is the removal of content based on judicial orders, government directives, and citizen complaints. This phenomenon that has increased in recent years and in some cases, targeted content on political, social, and religious topics, the report said.

The Indian authorities had submitted 68 removal requests covering 358 items between January and June 2011. According to Google, 255 items related to what it categorised as “government criticism,” while 39 involved defamation and 8 pertained to hate speech.

In January, responding to a freedom of information request, the home ministry reported that the government orders 7,500 to 9,000 phone interceptions per month, the report disclosed. Criticising this practice and the government’s disregard for the Constitution, the data revealed, “Established guidelines regulate the ability of state officials to intercept communications, but India lacks an appropriate legal framework and procedures to ensure proper oversight of Intelligence agencies’ growing surveillance and interception capabilities, opening the possibility of misuse and unconstitutional invasion of citizens’ privacy.”

As another method of controlling speech and activism online, governments have imposed temporary shutdowns of the internet or mobile phone networks during protests or other sensitive times. Localised internet shutdowns and mobile phone shutdowns occurred in India due to security concerns, the report said.

For more details visit https://cis-india.org/news/dna-india-sep-27-2012-dilnaz-boga-censorship-makes-india-fall-two-places-on-global-internet-freedom-chart