The Centre for Internet and Society
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Supreme Court Strikes Down Section 66A Of IT Act
https://cis-india.org/internet-governance/news/huffington-post-indrani-basu-betwa-sharma-march-24-2015-supreme-court-strikes-down-section-66a-of-it-act
<b>In a major boost to freedom of speech online in India, the Supreme Court on Tuesday struck down Section 66A of the Information Technology Act, reading down a draconian law that was poorly conceived, tragically worded and caused ordinary citizens to be jailed for so much as a comment on Facebook that annoyed just about anyone. </b>
<p>The article by Indrani Basu and Betwa Sharma <a class="external-link" href="http://www.huffingtonpost.in/2015/03/24/section-66-a_n_6928864.html">published in the Huffington Post </a>on March 24, 2015 quotes Sunil Abraham.</p>
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<p>In its <a href="http://supremecourtofindia.nic.in/FileServer/2015-03-24_1427183283.pdf" target="_hplink">122-page judgment</a>, the court struck down the entire section, refusing to heed the government's plea that it will not be misused.</p>
<p style="text-align: justify; ">"The apex courts in India have consistently protected the rights of its citizens. And the Supreme Court has once again upheld that great tradition with this decision. There are constitutional exceptions to free speech that exist.</p>
<blockquote class="pullquote">But this judgment will protect against the abuse of this vague and badly drafted law," said Sunil Abraham, executive director at the Centre for Internet and Society.</blockquote>
<p style="text-align: justify; ">The section was passed without discussion in Parliament by the UPA government in 2008, adding an amendment to the original 2002 Act. While Narendra Modi supported the repealing of the Act during his prime ministerial campaign, after the BJP came to power, the government defended the provision, <a href="http://timesofindia.indiatimes.com/india/Sec-66A-draconian-but-is-needed-Govt/articleshow/46125733.cms" target="_hplink">even while admitting it was draconian</a>.</p>
<p style="text-align: justify; ">The government argued that the provision was necessary to prevent people from posting inflammatory content offending religious or political sentiments, leading to violence.</p>
<p style="text-align: justify; ">"I''m so happy with the decision. They have completely struck down the whole section. This is a victory for the country," said Shreya Singhal, the 24-year-old law student on whose petition the Supreme Court was hearing the case. "I don't have a political agenda — both the Congress government and the BJP have misused the section earlier. Section 66A was a blanket provision which was very vague. There are many IPC sections that could be used in its place."</p>
<p>"No one should fear putting anything up on the internet. It is very important for us to protect this right today," she said.</p>
<p>But there are sections in the Indian Penal Code that can deal with such situations.</p>
<p>And the broad and vague wording of 66A meant that it effectively became a tool that muzzled all speech online.</p>
<p style="text-align: justify; ">In 2012, Shaheen Dada, a 21-year old Mumbai girl, posted on Facebook comments about Shivsena leader Bal Thackerey. Annoyed <a href="http://www.bbc.com/news/world-asia-india-20490823" target="_hplink">party members went to the cops and Dada was arrested</a>. Her friend Rinu Srinivasan, who had 'liked' the comment on Facebook, was also arrested.</p>
<p style="text-align: justify; ">The same year, <a href="http://www.hindustantimes.com/india-news/professor-arrested-for-poking-fun-at-mamata/article1-839847.aspx" target="_hplink">Jadavpur University professor Ambikesh Mahapatra</a> was arrested for sharing a cartoon poking fun at West Bengal chief minister Mamata Banerjee.</p>
<p style="text-align: justify; ">Mumbai cartoonist <a href="http://www.ndtv.com/india-news/outrage-over-cartoonist-aseem-trivedis-arrest-on-sedition-charges-for-mocking-the-constitution-498901" target="_hplink">Aseem Trivedi was also arrested</a> under the provision for his cartoons during the Anna Hazare anti-corruption agitation.</p>
<p style="text-align: justify; ">Here is what the section said:</p>
<blockquote class="quoted">66A. Punishment for sending offensive messages through communication service, etc.<br />Any person who sends, by means of a computer resource or a communication device,—<br />(a) any information that is grossly offensive or has menacing character; or<br />(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,<br />(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,<br />shall be punishable with imprisonment for a term which may extend to three years and with fine.</blockquote>
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For more details visit <a href='https://cis-india.org/internet-governance/news/huffington-post-indrani-basu-betwa-sharma-march-24-2015-supreme-court-strikes-down-section-66a-of-it-act'>https://cis-india.org/internet-governance/news/huffington-post-indrani-basu-betwa-sharma-march-24-2015-supreme-court-strikes-down-section-66a-of-it-act</a>
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No publisherpraskrishnaFreedom of Speech and ExpressionInternet GovernanceChilling EffectCensorship2015-03-25T16:43:53ZNews ItemIndian Supreme Court Overturns Law Barring ‘Offensive Messages’ Online
https://cis-india.org/internet-governance/news/wall-street-journal-niharika-mandhana-march-24-2015-indian-supreme-court-overturns-law-barring-hate-speech-online
<b>India’s Supreme Court on Tuesday struck down legislation barring “offensive messages” online, saying it violated constitutional guarantees of free expression.</b>
<p style="text-align: justify; ">The article by Niharika Mandhana <a class="external-link" href="http://www.wsj.com/articles/indian-supreme-court-overturns-law-barring-hate-speech-online-1427174675">published by Wall Street Journal</a> on March 24, 2015 quotes Sunil Abraham.</p>
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<p style="text-align: justify; ">A two-judge panel voided a part of India’s Information Technology Act that made it a crime to share information through computers or other communications devices that could cause “annoyance, inconvenience” and “enmity, hatred or ill will.”</p>
<p style="text-align: justify; ">Announcing the ruling in a crowded courtroom in the Indian capital, Justice Rohinton Nariman said the law’s provisions were too vague and didn’t provide “clearly defined lines” for law-enforcement officials. “What is offensive to one person may not be offensive to another,” he said.</p>
<p style="text-align: justify; ">The court also ruled that Internet companies, such as Facebook and Google, could be required to remove or block access to online content only if ordered to do so by a court or by a notification from the government. Previously, they were expected to act when they had “actual knowledge” of allegedly illegal materials.</p>
<p style="text-align: justify; ">Free-speech activists had long argued against the broad language in the law, which was enacted in part as an effort to prevent the incitement of violence among different religious and ethnic groups in the world’s second-most-populous nation.</p>
<p style="text-align: justify; ">On Tuesday they applauded the decision.</p>
<p style="text-align: justify; ">“This provision was hugely problematic for anyone using the Internet in India and that is gone,” said Sunil Abraham, head of the Bangalore-based Center for Internet and Society. “The court has removed the additional, unconstitutional limits to free speech.”</p>
<p style="text-align: justify; ">India’s Information Technology minister, Ravi Shankar Prasad, said in a televised interview after the ruling that the government “supports free social media.”</p>
<p style="text-align: justify; ">“If the security establishment needs a response in cases of terrorism, extremism, communal violence, the government will take a view after wider consultations,” Mr. Prasad said. “But only with adequate safeguards.”</p>
<p style="text-align: justify; ">Enforcement of the law has sparked controversy for years. In 2012, a 21-year-old was detained after complaining on Facebook about the effective shutdown of Mumbai for the funeral of a right-wing Hindu leader. Another person was also detained for “liking” her comment.</p>
<p style="text-align: justify; ">That year, political cartoonist Aseem Trivedi was also charged under this law for his work lampooning Parliament. Mr. Trivedi said Tuesday that the court’s decision would “put a stop to years of misuse of the law by the government and politicians.”</p>
<p style="text-align: justify; ">“It sends a strong message that Indian law is with free speech,” Mr. Trivedi said.</p>
<p style="text-align: justify; ">According to a recent report by Facebook, the U.S. social media company blocked 5,832 pieces of content in the second half of 2014 on requests from Indian law-enforcement agencies and the government.</p>
<p style="text-align: justify; ">That was up from 4,960 pieces blocked from January to June last year. Facebook said it restricted access in India to a lot of “anti-religious content” and “hate speech that Indian officials reported could cause unrest and disharmony.”</p>
<p style="text-align: justify; ">J. Sai Deepak, a New Delhi-based lawyer involved in the case, said Tuesday’s decision was a significant victory for Internet companies in India. He said the law’s implementation—which earlier was “subject to the vagaries of the political winds of the state,” he said—would now be guided only by the free-speech rules laid down in the Indian constitution.</p>
<p style="text-align: justify; ">The order, however, rejected an argument by free-speech advocates that information shared on the Internet must be treated the same way as other kinds of speech, such as a live address or printed material. The court said lawmakers could create a separate law to deal with online speech because such content, unlike others, “travels like lightning and can reach millions of persons all over the world.”</p>
<p style="text-align: justify; ">But the current law, the court said, was too vague and included terms which “take into the net a very large amount of protected and innocent speech.” The law “is cast so widely that virtually any opinion on any subject would be covered by it,” the order said.</p>
<p style="text-align: justify; ">—Newley Purnell contributed to this article.</p>
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For more details visit <a href='https://cis-india.org/internet-governance/news/wall-street-journal-niharika-mandhana-march-24-2015-indian-supreme-court-overturns-law-barring-hate-speech-online'>https://cis-india.org/internet-governance/news/wall-street-journal-niharika-mandhana-march-24-2015-indian-supreme-court-overturns-law-barring-hate-speech-online</a>
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No publisherpraskrishnaFreedom of Speech and ExpressionInternet GovernanceChilling EffectCensorship2015-03-25T16:18:29ZNews Item‘A safe Internet and a free Internet can co-exist’
https://cis-india.org/internet-governance/news/the-hindu-march-25-2015-a-safe-internet-and-a-free-internet-can-co-exist
<b>Striking down of 66A kicked off celebrations in the IT capital.</b>
<p class="body" style="text-align: justify; ">The article was <a class="external-link" href="http://www.thehindu.com/news/national/karnataka/a-safe-internet-and-a-free-internet-can-coexist/article7031117.ece">published in the Hindu</a> on March 25, 2015. Sunil Abraham is quoted.</p>
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<p class="body" style="text-align: justify; ">Social media was celebrating on Tuesday. “Such a party going on on Twitter today #66A!” said one exuberant user, while another put a rap on it: “Made an FB post and didn’t go to jail. I <i>gotta</i> say today was a good day.” Another group was quick to point though: “Enjoy the freedom “responsibly!"</p>
<p class="body" style="text-align: justify; ">The day the Supreme Court struck down Section 66A of the Information Technology (IT) Act, those who had consistently termed it a “tyrannical” and “draconian” legal provision did a victory lap, calling it a “triumph for free speech in India”. Bengaluru, often called the information technology capital of the country, can stake claim for some of the legwork, with many from the city having either campaigned for the cause or took part in the PIL.</p>
<p class="body" style="text-align: justify; ">MP Rajeev Chandrasekhar, one of the litigants, said, “A free and fair Internet is crucial for innovation, connection and economic growth. By repealing section 66A, India is now ready for a technological leap. A safe Internet and a free Internet can co-exist, and the government should now draft carefully worded amendments that enable this co-existence.”</p>
<p class="body" style="text-align: justify; ">Stating that the Section was more your foe than a friend, cyber law expert Pavan Duggal said, “Section 66A symbolised the tyranny of ambiguous vague terms over the purity of legitimate free speech. It represented a tool for suppressing bonafide free speech, which was extensively misused. Freedom of speech and expression on the Internet is sacrosanct and only subject to reasonable restrictions given under Article 19(2) of the Constitution of India.”</p>
<h3 style="text-align: justify; ">Intermediaries</h3>
<p class="body" style="text-align: justify; ">Sunil Abraham, Executive Director of the Centre for Internet and Society (CIS), said there were other positives in the landmark judgement.<br /><br />“For the first time since the 1960s, the SC has struck down a section of law deeming it unconstitutional. Section 79 gave an adjudicatory position to intermediaries (such as Facebook, Twitter or bloggers). They were liable if they took the wrong decision or if they did not act on ‘take down’ requests within 36 hours. Now they are immune either way,” he explained. He said small-time bloggers, newspapers, and open source encyclopaedia, such as Wikipedia, will now be protected.</p>
<h3 class="body" style="text-align: justify; ">‘Retain spirit of Section 66A(b)’</h3>
<p style="text-align: justify; "><i>K.V. Aditya Bharadwaj</i></p>
<p style="text-align: justify; "><b>Bengaluru:</b> While even cops handling cyber crimes have welcomed scrapping sub-sections (a) and (c) of Section 66A of IT Act, 2000, they make a case for retaining the spirit of sub-section (b) in an amended law expected to be brought in shortly.</p>
<p style="text-align: justify; ">Section 66A(b) deals with a person sending out messages using electronic medium, which he knows to be false. It was under this provision that cops booked rumour-mongers who spread hatred messages through WhatsApp and other social media, which was scrapped.</p>
<p style="text-align: justify; ">A classic case was the one were two men were arrested for sending out provocative WhatsApp messages in July 2012, leading to an exodus of North-East Indians from the city. “Similar baseless WhatsApp messages led to chaos after the December 2014 Church Street blast and D.K. Ravi’s death. Even twitter was abuzz with parody profiles and fake claims made by people after the bomb blast. Rumour mongering and sending provocative messages have turned out to be a major area of concern in urban centres,” said a senior official.</p>
<p style="text-align: justify; ">An official said that in the absence of Section 66A(b), such rumour-mongers could only be booked under the Karnataka Police Act, which carries a very light punishment.</p>
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For more details visit <a href='https://cis-india.org/internet-governance/news/the-hindu-march-25-2015-a-safe-internet-and-a-free-internet-can-co-exist'>https://cis-india.org/internet-governance/news/the-hindu-march-25-2015-a-safe-internet-and-a-free-internet-can-co-exist</a>
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No publisherpraskrishnaFreedom of Speech and ExpressionInternet GovernanceChilling EffectCensorship2015-03-25T15:58:02ZNews ItemNetizens Rejoice Over SC Ruling to Keep the Net Free
https://cis-india.org/internet-governance/news/new-indian-express-march-25-2015-parina-dhilla-netizens-rejoice-over-sc-ruling-to-keep-the-net-free
<b>The Supreme Court ruling to strike down Section 66A of the Information Technology (IT) Act has been welcomed by the city’s netizens.</b>
<p style="text-align: justify; ">The article by Parina Dhilla was <a class="external-link" href="http://www.newindianexpress.com/cities/bengaluru/Netizens-Rejoice-Over-SC-Ruling-to-Keep-the-Net-Free/2015/03/25/article2728971.ece">published in the New Indian Express</a> on March 25, 2015. T. Vishnu Vardhan gave his inputs.</p>
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<p style="text-align: justify; ">Sharanya Gopinathan, a recent graduate, was overjoyed at the decision. The youngster, who is now pursuing her masters in London, recalls the time her post on Facebook about Prime Minister Narendra Modi was reported for being offensive.<br /><br />“It was just a sentence about how I felt about Mr Modi. Nothing obscene but it still got reported,” she says. She believes the Internet to be “the last guard of freedom”, where free speech has real meaning because there is no government and corporate control.<br /><br />Forums propagating freedom on the World Wide Web too have applauded the verdict.<br /><br />T Vishnu Vardhan, programme director of Access to Knowledge at the Centre for Internet and Society, says the draconian aspect of the IT Act has finally been removed.<br /><br />The other laws coming under the IT Act’s ambit too need to be reviewed and changed, he said.<br /><br />Lawyers told Express that many times, they have advised clients to take down posts that could be construed as offensive under Section 66A.<br /><br />Lawrence Liang, a lawyer with the Alternative Law Forum, says, “Recently, we were approached by a woman saying she was being harassed by a mob after she tweeted about the beef ban in Maharashtra. We asked her to delete the tweet and lie low.”<br /><br />“But now, I won’t advise people to take down their posts from the internet. It is a good ruling and gives people their freedom of speech and expression on the Internet,” Lawrence says.</p>
<h3 style="text-align: justify; ">Change on the Horizon</h3>
<p style="text-align: justify; ">With bans raining down in the country, many believe the apex court’s decision will bring about change.<br /><br />Yogita Dakshina, a freelance content writer who regularly posts about the hardships faced by the LGBT community, says she has always posted fearlessly but some of her family members were always scared that she would court trouble due to the provisions of Section 66A.<br /><br />Prabahan Chakravorty, a PhD student, is of the view that this will be a big lift for those in the creative field. “The rights to freedom and expression need to be given to all citizens, especially writers and artists. Some people may consider a few posts offensive, but then, the world is offensive and people need to deal with that.”<br /><br />On the responsibility that falls upon netizens with this verdict, Ankura Nayak, a student of Mount Carmel College, says, “People are responsible and they know what to post. There were a few people who posted irresponsible content even before this ruling. But these are few in number compared to responsible netizens.”</p>
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For more details visit <a href='https://cis-india.org/internet-governance/news/new-indian-express-march-25-2015-parina-dhilla-netizens-rejoice-over-sc-ruling-to-keep-the-net-free'>https://cis-india.org/internet-governance/news/new-indian-express-march-25-2015-parina-dhilla-netizens-rejoice-over-sc-ruling-to-keep-the-net-free</a>
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No publisherpraskrishnaFreedom of Speech and ExpressionInternet GovernanceChilling EffectCensorship2015-03-25T15:16:03ZNews ItemNo more 66A!
https://cis-india.org/internet-governance/blog/no-more-66a
<b>In a landmark decision, the Supreme Court has struck down Section 66A. Today was a great day for freedom of speech on the Internet! When Section 66A was in operation, if you made a statement that led to offence, you could be prosecuted. We are an offence-friendly nation, judging by media reports in the last year. It was a year of book-bans, website blocking and takedown requests. Facebook’s Transparency Report showed that next to the US, India made the most requests for information about user accounts. A complaint under Section 66A would be a ground for such requests.</b>
<p style="text-align: justify; ">Section 66A hung like a sword in the middle: Shaheen Dhada was arrested in Maharashtra for observing that Bal Thackeray’s funeral shut down the city, Devu Chodankar in Goa and Syed Waqar in Karnataka were arrested for making posts about Narendra Modi, and a Puducherry man was arrested for criticizing P. Chidambaram’s son. The law was vague and so widely worded that it was prone to misuse, and was in fact being misused.</p>
<p style="text-align: justify; ">Today, the Supreme Court struck down Section 66A in its judgment on a <a class="external-link" href="http://cis-india.org/internet-governance/blog/overview-constitutional-challenges-on-itact">set of petitions</a> heard together last year and earlier this year. Stating that the law is vague, the bench comprising Chelameshwar and Nariman, JJ. held that while restrictions on free speech are constitutional insofar as they are in line with Article 19(2) of the Constitution. Section 66A, they held, does not meet this test: The central protection of free speech is the freedom to make statements that “offend, shock or disturb”, and Section 66A is an unconstitutional curtailment of these freedoms. To cross the threshold of constitutional limitation, the impugned speech must be of such a nature that it incites violence or is an exhortation to violence. Section 66A, by being extremely vague and broad, does not meet this threshold. These are, of course, drawn from news reports of the judgment; the judgment is not available yet.</p>
<p style="text-align: justify; ">Reports also say that Section 79(3)(b) has been read down. Previously, any private individual or entity, and the government and its departments could request intermediaries to take down a website, without a court order. If the intermediaries did not comply, they would lose immunity under Section 79. The Supreme Court judgment states that both in Rule 3(4) of the Intermediaries Guidelines and in Section 79(3)(b), the "actual knowledge of the court order or government notification" is necessary before website takedowns can be effected. In effect, this mean that intermediaries <i>need not</i> act upon private notices under Section 79, while they can act upon them if they choose. This stops intermediaries from standing judge over what constitutes an unlawful act. If they choose not to take down content after receiving a private notice, they will not lose immunity under Section 79.</p>
<p style="text-align: justify; ">Section 69A, the website blocking procedure, has been left intact by the Court, despite infirmities such as a lack of judicial review and non-transparent operation. More updates when the judgment is made available.</p>
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For more details visit <a href='https://cis-india.org/internet-governance/blog/no-more-66a'>https://cis-india.org/internet-governance/blog/no-more-66a</a>
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No publishergeethaCensorshipFreedom of Speech and ExpressionHomepageIntermediary LiabilityFeaturedChilling EffectSection 66AArticle 19(1)(a)Blocking2015-03-26T02:01:31ZBlog EntryIf you thought India is a country where freedom of speech and expression are fundamental rights, think twice!
https://cis-india.org/internet-governance/news/business-insider-march-17-2015-if-you-thought-india-is-a-country-where-freedom-of-speech-and-expression-are-fundamental-rights-think-twice
<b>Having contributed significantly in growing pollution and corruption indices, there's one place where India seems to hold the top spot is: imposing restrictions on social media contents. There have been over 5,800 restriction requests recorded in the second half of 2014, as per Facebook's Government Requests Report. </b>
<p>The article was published in <a class="external-link" href="http://www.businessinsider.in/If-you-thought-India-is-a-country-where-freedom-of-speech-and-expression-are-fundamental-rights-think-twice/articleshow/46593809.cms">Business Insider</a> on March 17, 2015. Pranesh Prakash was quoted.</p>
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<p style="text-align: justify; ">Economic Times has reported that data and content restrictions across the globe are on the rise and India seems to have topped the list. The content restrictions from India have been constantly on the rise—it rose to 5,832 from 4,960 in the first half.</p>
<p style="text-align: justify; ">Things are not any different across the globe. "The amount of content restricted for violating local law increased by 11% over the previous half, to 9,707 pieces of content restricted, up from 8,774," said Monika Bickert, Facebook's head of global policy management, and Chris Sonderby, deputy general counsel, in a statement on the social networking website.</p>
<p style="text-align: justify; ">Other countries from where Facebook has observed an increased number of content restrictions requests are Turkey and Russia. Surprisingly, FET reported that the number of content restriction requests from Pakistan came down to 54 in the second half of 2014 from 1,773 in the first half.</p>
<p style="text-align: justify; ">It is worth noting that India is the second largest market for Facebook, with 112 million users until last year, second only to the United States. While these figures are alarming, counsel for the Software Freedom Law Centre told ET , "...it would have been better if Facebook had also given us more information on the kind of data that was being asked for. Now we only have consolidated figures. So what kind of data was asked for, that would have been more useful."</p>
<p style="text-align: justify; ">Pranesh Prakash, policy director at the Centre for Internet and Society, on the other hand, feels that the number of content restriction requests is not only high on an absolute number, but even on a per-user basis.</p>
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For more details visit <a href='https://cis-india.org/internet-governance/news/business-insider-march-17-2015-if-you-thought-india-is-a-country-where-freedom-of-speech-and-expression-are-fundamental-rights-think-twice'>https://cis-india.org/internet-governance/news/business-insider-march-17-2015-if-you-thought-india-is-a-country-where-freedom-of-speech-and-expression-are-fundamental-rights-think-twice</a>
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No publisherpraskrishnaFreedom of Speech and ExpressionInternet GovernanceCensorship2015-04-04T15:52:42ZNews ItemWhat Does Facebook's Transparency Report Tell Us About the Indian Government's Record on Free Expression & Privacy?
https://cis-india.org/internet-governance/blog/what-does-facebook-transparency-report-tell-us-about-indian-government-record-on-free-expression-and-privacy
<b>Given India's online population, the number of user data requests made by the Indian government aren't very high, but the number of content restriction requests are not only high on an absolute number, but even on a per-user basis.</b>
<p style="text-align: justify; ">Further, Facebook's data shows that India is more successful at getting Facebook to share user data than France or Germany. Yet, our government complains far more about Facebook's lack of cooperation with Indian authorities than either of those countries do. I think it unfair for any government to raise such complaints unless that government independently shows to its citizens that it is making legally legitimate requests.</p>
<p style="text-align: justify; ">Since the Prime Minister of India Shri Narendra Modi has stated that "<a class="external-link" href="http://pmindia.gov.in/en/quest-for-transparency/">transparency and accountability are the two cornerstones of any pro-people government</a>", the government ought to publish a transparency report about the requests it makes to Internet companies, and which must, importantly, provide details about how many user data requests actually ended up being used in a criminal case before a court, as well as details of all their content removal requests and the laws under which each request was made.</p>
<p style="text-align: justify; ">At the same time, <a class="external-link" href="https://govtrequests.facebook.com/">Facebook's Global Government Requests Report</a> implicitly showcases governments as the main causes of censorship and surveillance. This is far from the truth, and it behoves Facebook to also provide more information about private censorship requests that it accedes to, including its blocking of BitTorrent links, it's banning of pseudonymity, and the surveillance it carries out for its advertisers.</p>
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For more details visit <a href='https://cis-india.org/internet-governance/blog/what-does-facebook-transparency-report-tell-us-about-indian-government-record-on-free-expression-and-privacy'>https://cis-india.org/internet-governance/blog/what-does-facebook-transparency-report-tell-us-about-indian-government-record-on-free-expression-and-privacy</a>
</p>
No publisherpraneshFreedom of Speech and ExpressionTransparency ReportsInternet GovernancePrivacy2015-04-05T05:08:37ZBlog EntrySection 66A not for curbing freedom of speech, govt says
https://cis-india.org/internet-governance/news/livemint-akansha-seth-apoorva-livemint-feb-3-2015-section-66a-not-for-curbing-freedom-of-speech-govt-says
<b>Section designed to fight cybercrime and protect the right to life, central government tells Supreme Court.
</b>
<p style="text-align: justify; ">The <a class="external-link" href="http://www.livemint.com/Politics/XMv1cw3VLrmJZrpLYhIqPL/Section-66A-not-for-curbing-freedom-of-speech-govt-says.html">article by Akansha Seth and Apoorva was published in Livemint</a> on February 3, 2015. Sunil Abraham gave his inputs.</p>
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<p style="text-align: justify; ">The central government on Tuesday clarified to the Supreme Court that penal provisions of the Information Technology (IT) Act, 2000, were not intended to curb freedom of speech.</p>
<p style="text-align: justify; ">Instead, the controversial Section 66A of the IT Act, challenged in the apex court, is designed to fight cybercrime and has nothing to do with any citizen’s freedom of speech and expression, the government said, adding that these provisions seek to protect the right to life of Indian citizens.</p>
<p style="text-align: justify; ">The government’s clarification, made in a written submission to the Supreme Court, is significant because the argument made so far in the court by opponents of the controversial section is that they are misused to curb freedom of expression.</p>
<p style="text-align: justify; ">The penal provisions deal with online criminal offences like phishing, vishing (voice phishing), spoofing, spamming, and spreading viruses that have a serious potential to not only damage and destroy the computer system of an individual citizen but also bring the functioning of vital organizations and, in extreme cases, even the country to a standstill.</p>
<p style="text-align: justify; ">The stand of the government is interesting because it comes on a petition filed when police arrested a 21-year-old girl for questioning on Facebook Mumbai’s shutdown after Shiv Sena leader Bal Thackeray’s funeral in 2012. Another girl who “liked” the comment was also arrested. Last May, five students were detained by police for spreading an anti-Narendra Modi photo on WhatsApp.</p>
<p style="text-align: justify; ">“If 66A, as the government argues does not set any additional limits on freedom of speech and expression, then it is wholly unnecessary, serves no purpose and should be struck down by the honourable court. After all it has never been used to tackle the problem of spam which was the original intent,” said Sunil Abraham, executive director, Centre for Internet and Society, a Bengaluru-based think tank.</p>
<p style="text-align: justify; ">The central government has clarified that the phrases annoyance, inconvenience, danger, or obstruction as used in Section 66A have no correlation or connection with any citizen’s freedom of speech and expression. Consequently, if as a result of a citizen exercising his or her freedom of speech and expression, annoyance, inconvenience, danger or obstruction is caused while sending anything by way of a computer resource or a communication device, it will not be a penal offence under section 66A.</p>
<p style="text-align: justify; ">The government has also argued that if an individual chooses to misuse the provision for a purpose for which it is not intended or resorts to the expressions inconvenience or annoyance in a casual manner, it would be a case of abuse of the process of law. However, it would not be a ground for declaring the provisions unconstitutional if they are otherwise found to be constitutional.</p>
<p style="text-align: justify; ">Additional solicitor general Tushar Mehta, appearing for the central government, argued that no one can file a criminal complaint on grounds that they received an information that caused annoyance, inconvenience, etc.—grounds mentioned under section 66A.</p>
<p style="text-align: justify; ">Mehta also suggested that the court could come up with guidelines on how to interpret the section, or such regulations could be framed under section 89 of the IT Act which empowers the controller to make regulations to carry out the purposes of the Act, in consistency with it, after consultation with the Cyber Regulations Advisory Committee and with the previous approval of the central government.</p>
<p style="text-align: justify; ">Mehta argued that authoritative discretion was required because a precise and concise definition of grossly offensive or menacing character—terms used in section 66A—was not possible. “Nobody can allege that they are annoyed by the exercise of someone’s freedom of speech,” he added.</p>
<p style="text-align: justify; ">Gaurav Mishra contributed to this story.</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/news/livemint-akansha-seth-apoorva-livemint-feb-3-2015-section-66a-not-for-curbing-freedom-of-speech-govt-says'>https://cis-india.org/internet-governance/news/livemint-akansha-seth-apoorva-livemint-feb-3-2015-section-66a-not-for-curbing-freedom-of-speech-govt-says</a>
</p>
No publisherpraskrishnaFreedom of Speech and ExpressionInternet GovernanceCensorship2015-02-05T13:59:12ZNews ItemIndian Netizens Criticize Online Censorship of ‘Jihadi’ Content
https://cis-india.org/internet-governance/blog/global-voices-january-6-2015-subhashish-panigrahi-indian-netizens-criticize-online-censorship-of-jihadi-content
<b>The article on online censorship by Subhashish Panigrahi was published in Global Voices on January 6, 2015.</b>
<p>Click to view the article on Global Voices <a class="external-link" href="http://globalvoicesonline.org/2015/01/06/indian-netizens-criticize-online-censorship-of-jihadi-content/">here</a>.</p>
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<title>Indian Netizens Criticize Online Censorship of ‘Jihadi’ Content · Global Voices</title>
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<p style="text-align: justify; ">The Government of India in the last week of 2014 asked Internet service providers (ISPs) to block 32 websites including code repository <a href="http://github.com" target="_blank">Github</a>, video streaming sites <a href="http://vimeo.com" target="_blank">Vimeo </a>and <a href="http://dailymotion.com" target="_blank">Dailymotion</a>, online archive <a href="http://archive.org" target="_blank">Internet Archive</a>, free software hosting site <a href="http://sourceforge.net" target="_blank">Sourceforge </a>and many other websites on the basis of hosting anti-India content from the violent extremist group known as ISIS.</p>
<p style="text-align: justify; ">The blanket block on many resourceful sites has been heavily criticized on social media and blogs by reviving the hashtag #GoIblocks that evolved in the past against internet censorship by the government.</p>
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<p><a href="http://www.medianama.com/2015/01/223-you-broadband-has-published-a-list-of-sites-blocked/">Nikhil Pahwa</a> at MediaNama notes that this time many ISPs published the list of the blocked sites:</p>
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<p>Typically, users are not informed about which websites are blocked, so this was a welcome move from the ISP.</p>
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<div class="aligncenter wp-caption" id="attachment_503556"><img alt="Say No to Censorship. #GOIBlocks" class="wp-image-503556 size-featured_image_large" height="450" src="http://globalvoicesonline.org/wp-content/uploads/2015/01/say-no-to-censorship-800x450.png" width="800" />
<p class="wp-caption-text">“Say No to Censorship. #GOIBlocks” (taken from Facebook page of <a href="https://www.facebook.com/fsftn/photos/a.512346312126053.126159.196173157076705/987496524611027/?type=1&permPage=1" target="_blank">Free Software Foundation</a>, Tamil Nadu)</p>
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<p style="text-align: justify; ">In 2012, opposition party leader <a href="https://en.wikipedia.org/wiki/Narendra_Modi" target="_blank">Narendra Modi</a> (who is now India's Prime Minister) <a href="https://twitter.com/narendramodi/status/238913468344958976" target="_blank">tweeted </a>against the URL blocks by the earlier ruling of <a href="https://en.wikipedia.org/wiki/Indian_National_Congress" title="Indian National Congress">India's National Congress </a>when then-Minister of Communications and Information Technology <a href="https://en.wikipedia.org/wiki/Kapil_Sibal" target="_blank">Kapil Sibal</a> ordered to block 300 websites. Many eyebrows were raised when Modi repeated the move this time around.</p>
<img alt="View image on Twitter" class="autosized-media" height="357" src="https://pbs.twimg.com/media/B6LSaKZCQAAR6Gm.png:large" title="View image on Twitter" width="600" />
<p style="text-align: justify; "><a href="https://en.wikipedia.org/wiki/Internet_censorship_in_India" target="_blank">Internet censorship in India</a> has been increasingly prominent since 1999 when Pakistani newspaper <a href="https://en.wikipedia.org/wiki/Dawn_%28newspaper%29" target="_blank">Dawn</a> was blocked by the <a href="https://en.wikipedia.org/wiki/VSNL" title="VSNL">Videsh Sanchar Nigam Limited</a> for post-<a href="https://en.wikipedia.org/wiki/Kargil_War" title="Kargil War">Kargil War</a> views against India. These caught heavy criticism from netizens, often under the hashtag <a href="https://twitter.com/search?q=%23IdiotKapilSibal&src=typd" target="_blank">#IdiotKapilSibal</a>. Since then there have been many instances of government-mediated censorship, particularly with the enactment of India's <a href="http://cis-india.org/internet-governance/blog/is-india2019s-website-blocking-law-constitutional-2013-i-law-procedure">Information Technology Act of 2000.</a></p>
<p style="text-align: justify; ">Arvind Gupta, head of Information Technology for India's ruling <a href="https://en.wikipedia.org/wiki/Bharatiya_Janata_Party" target="_blank">Bharatiya Janata Party</a>, tweeted to clarify that the sites were blocked as advised by the <a href="https://en.wikipedia.org/wiki/Anti_Terrorist_Squad_%28India%29" target="_blank">Anti-Terrorism Squad</a>.</p>
<blockquote cite="https://twitter.com/buzzindelhi/status/550225247455035392" class="tweet subject expanded h-entry">
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<div class="h-card p-author with-verification"><a class="u-url profile" href="https://twitter.com/buzzindelhi"> <img class="u-photo avatar" src="https://pbs.twimg.com/profile_images/461134290181308416/MKSUKfc5_normal.jpeg" /> <span class="full-name"> <span class="p-name customisable-highlight">Arvind Gupta</span> <span class="verified" title="Verified Account"><b>✔</b></span> </span> <span class="p-nickname" dir="ltr">@<b>buzzindelhi</b></span> </a></div>
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<p class="e-entry-title">The websites that have been blocked were based on an advisory by Anti Terrorism Squad, and were carrying Anti India content from ISIS. 1/2</p>
<div class="dateline collapsible-container"><a class="u-url customisable-highlight long-permalink" href="https://twitter.com/buzzindelhi/status/550225247455035392"><time class="dt-updated" title="Time posted: 31 Dec 2014, 09:41:36 (UTC)">3:11 PM - 31 Dec 2014</time></a></div>
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<div class="footer customisable-border"><span class="stats-narrow customisable-border"><span class="stats"> <a href="https://twitter.com/buzzindelhi/status/550225247455035392" title="View Tweet on Twitter"> <span class="stats-retweets"> <b>362</b> Retweets </span> </a> <a href="https://twitter.com/buzzindelhi/status/550225247455035392" title="View Tweet on Twitter"> <span class="stats-favorites"> <b>82</b> favorites </span> </a> </span> </span></div>
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<p class="e-entry-title" style="text-align: justify; ">After agreeing to remove anti-India content posted by accounts that appeared to have some association with ISIS, <a dir="ltr" href="http://t.co/Vl84LZbhCh" rel="nofollow" target="_blank" title="http://weebly.com">weebly.com</a>, <a dir="ltr" href="http://t.co/ynxy4A0tHx" rel="nofollow" target="_blank" title="http://vimeo.com">vimeo.com</a>, <a href="http://www.zdnet.com/article/pastebin-access-restored-in-india-no-content-removed-blocks-remain-exclusive/">Pastebin</a>, <a dir="ltr" href="http://t.co/QGqUC0Yyk3" rel="nofollow" target="_blank" title="http://dailymotion.com">dailymotion.com </a>and <a dir="ltr" href="http://t.co/UmkEYEiGkC" rel="nofollow" target="_blank" title="http://gist.github.com">gist.github.com</a> were unblocked.</p>
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<p>These websites have undertaken not to allow pasting of such propaganda information on their website and also work with the government to remove such material as per the compliance with the laws of land.</p>
<p>- Ministry of Communications and Information Technology, Government of India (posted in <a href="http://www.business-standard.com/article/news-ians/government-decides-to-unblock-four-websites-out-of-32-114123101162_1.html" target="_blank">Business Standard</a>)</p>
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<blockquote cite="https://twitter.com/buzzindelhi/status/550367307227078658" class="tweet subject expanded h-entry">
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<div class="h-card p-author with-verification"><a class="u-url profile" href="https://twitter.com/buzzindelhi"> <img class="u-photo avatar" src="https://pbs.twimg.com/profile_images/461134290181308416/MKSUKfc5_normal.jpeg" /> <span class="full-name"> <span class="p-name customisable-highlight">Arvind Gupta</span> <span class="verified" title="Verified Account"><b>✔</b></span> </span> <span class="p-nickname" dir="ltr">@<b>buzzindelhi</b></span> </a></div>
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<p class="e-entry-title">Action has been initiated to unblock -- <a class="link customisable" dir="ltr" href="http://t.co/Vl84LZbhCh" rel="nofollow" target="_blank" title="http://weebly.com"><span class="tco-hidden">http://</span><span class="tco-display">weebly.com</span><span class="tco-hidden"> </span><span class="tco-ellipsis"><span class="tco-hidden"> </span></span></a>, <a class="link customisable" dir="ltr" href="http://t.co/ynxy4A0tHx" rel="nofollow" target="_blank" title="http://vimeo.com"><span class="tco-hidden">http://</span><span class="tco-display">vimeo.com</span><span class="tco-hidden"> </span><span class="tco-ellipsis"><span class="tco-hidden"> </span></span></a>, <a class="link customisable" dir="ltr" href="http://t.co/QGqUC0Yyk3" rel="nofollow" target="_blank" title="http://dailymotion.com"><span class="tco-hidden">http://</span><span class="tco-display">dailymotion.com</span><span class="tco-hidden"> </span><span class="tco-ellipsis"><span class="tco-hidden"> </span></span></a> and (1/2)</p>
<div class="dateline collapsible-container"><a class="u-url customisable-highlight long-permalink" href="https://twitter.com/buzzindelhi/status/550367307227078658"><time class="dt-updated" title="Time posted: 31 Dec 2014, 19:06:06 (UTC)">12:36 AM - 1 Jan 2015</time></a></div>
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<div class="h-card p-author with-verification"><a class="u-url profile" href="https://twitter.com/buzzindelhi"> <img class="u-photo avatar" src="https://pbs.twimg.com/profile_images/461134290181308416/MKSUKfc5_normal.jpeg" /> <span class="full-name"> <span class="p-name customisable-highlight">Arvind Gupta</span> <span class="verified" title="Verified Account"><b>✔</b></span> </span> <span class="p-nickname" dir="ltr">@<b>buzzindelhi</b></span> </a></div>
<p class="e-entry-title"> </p>
<p class="e-entry-title"><a class="customisable link" dir="ltr" href="http://t.co/UmkEYEiGkC" rel="nofollow" target="_blank" title="http://gist.github.com"><span class="tco-display">gist.github.com</span><span class="tco-hidden"> </span><span class="tco-ellipsis"><span class="tco-hidden"> </span></span></a> :: <a class="customisable link" dir="ltr" href="http://t.co/o8UNiCEVh6" rel="nofollow" target="_blank" title="http://wap.business-standard.com/article/news-ians/government-decides-to-unblock-four-websites-out-of-32-114123101162_1.html"><span class="tco-hidden">http://</span><span class="tco-display">wap.business-standard.com/article/news-i</span><span class="tco-hidden">ans/government-decides-to-unblock-four-websites-out-of-32-114123101162_1.html</span><span class="tco-ellipsis"><span class="tco-hidden"> </span>…</span></a> (2/2)</p>
<div class="collapsible-container dateline"><a class="long-permalink customisable-highlight u-url" href="https://twitter.com/buzzindelhi/status/550367320493658112"><time class="dt-updated" title="Time posted: 31 Dec 2014, 19:06:09 (UTC)">12:36 AM - 1 Jan 2015</time></a></div>
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For more details visit <a href='https://cis-india.org/internet-governance/blog/global-voices-january-6-2015-subhashish-panigrahi-indian-netizens-criticize-online-censorship-of-jihadi-content'>https://cis-india.org/internet-governance/blog/global-voices-january-6-2015-subhashish-panigrahi-indian-netizens-criticize-online-censorship-of-jihadi-content</a>
</p>
No publishersubhaFreedom of Speech and ExpressionInternet GovernanceCensorship2015-02-10T02:43:17ZBlog EntryIndian Government still blocks 20+ websites – Indian Censorship on Internet
https://cis-india.org/internet-governance/news/times-of-assam-january-2-2015-indian-govt-still-blocks-websites-india-censorship-on-internet
<b>Indian Government has blocked 20+ major websites to counter ISIS propaganda. The government has removed blocking of github.com, vimeo.com and other 10+ websites blocked till December 31, 2014.</b>
<p style="text-align: justify; ">The article was <a class="external-link" href="https://www.timesofassam.com/technology/indian-government-still-blocks-20-websites-indian-censorship-internet/">published in the Times of Assam</a> on January 2, 2015. Pranesh Prakash is quoted.</p>
<hr />
<p style="text-align: justify; ">A confidential department of telecom order – dated December 17, 2014 – instructing all internet service licensees to block the websites appeared online on Wednesday.</p>
<p style="text-align: justify; ">When contacted to verify the news, Dr Gulshan Rai – Director of the Indian Computer Emergency Response Team (CERT-In) – told, the directions had been issued to internet service providers following a Mumbai Additional Chief metropolitan magistrate’s November order directing the government’s Department of Electronics and Information Technology (DeitY) to implement the same.</p>
<p style="text-align: justify; ">Pranesh Prakash – Policy Director at Bengaluru-based Center for Internet and Society – questioned the lack of transparency around the practice of blocking websites under the Indian law. “Qn for govt: Why does the law require secrecy of web blocking orders when it doesn’t allow such secrecy for books, films? #GoIBlocks,” he tweeted, adding, “The 69A Rules don’t allow for transparency, accountability, time-limits on blocks, etc. So easily misused by govt. + courts + individuals.” The websites were blocked under section 69 A of the IT Act, 2000 and the IT (Procedure and sdafeguards for Blocking of Access of Information by Public) rules, 2009.</p>
<p style="text-align: justify; "><img src="https://cis-india.org/home-images/PP.png" alt="PP" class="image-inline" title="PP" /></p>
<p style="text-align: justify; ">Currently, the Supreme Court is in the middle of hearing a clutch of petitions challenging several IT Act provisions, including blocking and takedown of websites.</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/news/times-of-assam-january-2-2015-indian-govt-still-blocks-websites-india-censorship-on-internet'>https://cis-india.org/internet-governance/news/times-of-assam-january-2-2015-indian-govt-still-blocks-websites-india-censorship-on-internet</a>
</p>
No publisherpraskrishnaFreedom of Speech and ExpressionSocial MediaInternet GovernanceCensorship2015-01-03T03:47:16ZNews ItemGovt cracks down on cyber jehad network, blocks access to 32 websites
https://cis-india.org/internet-governance/news/india-today-january-1-2015-govt-cracks-down-on-cyber-jehad-network-blocks-access-to-32-websites
<b>The Modi government is starting the New Year with the resolve to wipe out terror and it has cracked down on websites that have been carrying anti-India views and spreading the propaganda of the Islamic State (IS). </b>
<p>The article <a class="external-link" href="http://indiatoday.intoday.in/story/cyber-jehad-network-dot-vimeo-git-hub-daily-motion-source-forge-paste-bin--islamic-state-mehdi-masroor-biswas/1/410787.html">published in India Today</a> on January 1, 2015 quotes Pranesh Prakash.</p>
<hr />
<p style="text-align: justify; ">Reacting to an alert from the antiterror squad of a state police department, the Department of Telecom (DoT) has blocked access to 32 websites. The DoT order that was tweeted by Pranesh Prakash, policy director of the Bangalore-based research organisation, said that 32 URLs have been blocked under section 69 of the Information and Technology Act, 2000.</p>
<p style="text-align: justify; ">The order was reportedly issued on December 16 and it was shared on Twitter on Wednesday. GitHub, Archive.org, Imgur, Vimeo, Daily Motion, Pastebin, sourceforge, justpaste, cryptbin were among the sites that were blocked.</p>
<p style="text-align: justify; ">As reports emerged on the ban of these sites, there was outrage on Twitter on the issue of internet censorship. However, most of the websites mentioned in the list that were to be blocked were accessible. Pastebin and Internet Archive, two websites that have reportedly been blocked, tweeted their views.</p>
<p style="text-align: justify; ">"If you are from India and unable to visit Pastebin, please email us," Pastebin tweeted on December 19. Internet Archive tweeted on December 31 that they too received complaints from users in India who can't access its website.</p>
<p style="text-align: justify; ">Reacting to the outrage, Arvind Gupta, national head of the BJP IT Cell took to Twitter and said that these sites have been blocked after an alert from an anti-terrorism squad that most of them were carrying anti-India content from the Islamic State (IS).</p>
<p style="text-align: justify; ">"We should congratulate the government for taking a preventive and precautionary step in a proactive manner based on an advisory," Gupta told Mail Today.</p>
<p style="text-align: justify; ">He added that he does not have any details of the Department of Telecommunications (DoT) order and only reacted to the Twitter debate on the subject.</p>
<p style="text-align: justify; ">Intelligence agencies have been struggling to monitor terror activities on cyber space. There have been reports of terror groups using social media to attract young minds to jehadi ideology.</p>
<p style="text-align: justify; ">The recent arrest of Bangalore-based executive Mehdi Masroor Biswas, who was operating a Twitter handle under the the name @ShamiWitness and promoting the views of the Islamic State, has come as a wake-up call for security agencies. Biswas, an engineer working as a "manufacturing executive" with ITC Foods, was nabbed from his rented oneroom apartment after a news report stated that his was the most popular IS Twitter account with close to 17,000 followers, and his tweets were getting viewed over two lakh times a month.</p>
<p style="text-align: justify; ">Sources said there are close to 30,000 such Twitter handles and other social media forums along with websites that are spewing venom, and little can be done to monitor all of them and act on time. With cyber threat becoming a clear and present danger, the Centre has decided to set up a highlevel committee to only monitor social media and cyber space. Counter-terror officials believe that the jehadi nexus has a huge bearing on India as youth active on social media are vulnerable to the propaganda being carried out online.</p>
<p style="text-align: justify; ">Other than @ShamiWitness, there are Twitter handles such as @MagnetGas with radical views and pro-IS tone that are now under the lens. What is disturbing is that many such sites are India-specific and some are believed to be handled by Indians.</p>
<p style="text-align: justify; ">"If there is misuse of Internet and social media, it needs to be dealt with legally. The Internet is like a public place, so if there are extreme views, the state needs to exercise its powers," says D.C. Pathak, former chief of the Intelligence Bureau.</p>
<p style="text-align: justify; ">This is not the first time that the DoT has clamped down on websites for promoting "objectionable" content. In June 2013, 39 websites that allowed users to share pornographic content were reportedly blocked.</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/news/india-today-january-1-2015-govt-cracks-down-on-cyber-jehad-network-blocks-access-to-32-websites'>https://cis-india.org/internet-governance/news/india-today-january-1-2015-govt-cracks-down-on-cyber-jehad-network-blocks-access-to-32-websites</a>
</p>
No publisherpraskrishnaSocial MediaCensorshipFreedom of Speech and ExpressionInternet GovernanceChilling Effect2015-01-03T03:29:21ZNews ItemIndia 'jihadi' web blocking causes anger
https://cis-india.org/internet-governance/news/bbc-january-2-2015-india-jihadi-web-blocking-causes-anger
<b>A government block on more than 30 high-profile websites has caused anger across India.</b>
<p style="text-align: justify; ">The story was <a class="external-link" href="http://www.bbc.com/news/technology-30656298">published in BBC</a> on January 2, 2015. It was also <a class="external-link" href="http://thepuffington.com/anger-at-india-website-blocking/">mirrored in the Puffington Post</a> the same day. Pranesh Prakash is quoted.</p>
<hr />
<p style="text-align: justify; ">India's Department of Telecoms ordered the blocking of the sites in order to prevent the publicising of "jihadi activities".</p>
<p style="text-align: justify; ">After considerable pressure, four of the sites - Weebly, Vimeo, Daily Motion and Github - were unblocked.</p>
<p style="text-align: justify; ">Officials said the other sites would have their blocks lifted if they complied with the "law of the land".</p>
<p style="text-align: justify; ">The Indian Ministry for Communication and Information Technology said in a statement: "It was stated that Anti National group are using social media for mentoring Indian youths to join the Jihadi activities."</p>
<p style="text-align: justify; ">It went on to say that the primary concern was that users posting material on the sites did not require any authentication, and that identities could be hidden.</p>
<p style="text-align: justify; ">The four websites that have been unblocked were said to have worked with the Indian government to address concerns - although it is unclear what changes, if any, have been made.</p>
<p style="text-align: justify; ">Some users were reporting that they were still unable to reach the apparently unblocked sites.</p>
<p style="text-align: justify; ">Pranesh Prakash, from the India-based Centre for Internet and Society, said: "Any intelligent person can see these sites don't incite terrorism."</p>
<p style="text-align: justify; "><span class="cross-head">'Many complaints'</span></p>
<p style="text-align: justify; ">Ahead of the ban lifting, a Vimeo spokeswoman said: "It is Vimeo's longstanding policy not to allow videos that promote terrorism, and we remove such videos whenever we become aware of them.</p>
<p style="text-align: justify; "><img src="https://cis-india.org/home-images/blocked.png" alt="blocked" class="image-inline" title="blocked" /></p>
<p style="text-align: justify; ">"We have not received notice from the Indian government concerning such videos and have contacted them requesting the blocking order to identify, and evaluate the video in question."</p>
<p style="text-align: justify; ">Many internet users in the country are angry that other sites remain blocked, in particular Pastebin - a site used for "dumping" text online anonymously - and The Internet Archive, a US organisation that offers a database of old websites.</p>
<p style="text-align: justify; "><a href="https://twitter.com/internetarchive/status/550202081349353472">The Internet Archive said on Twitter</a> that it had received "many complaints" from users who were unable to access the service.</p>
<p style="text-align: justify; ">India has a history of sporadically blocking websites, or issuing warnings about online content.</p>
<p style="text-align: justify; ">In August 2012, <a href="http://m.bbc.co.uk/news/technology-19343887">245 sites were blocked by the government</a> in an attempt, it said, to quell violence.</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/news/bbc-january-2-2015-india-jihadi-web-blocking-causes-anger'>https://cis-india.org/internet-governance/news/bbc-january-2-2015-india-jihadi-web-blocking-causes-anger</a>
</p>
No publisherpraskrishnaSocial MediaCensorshipFreedom of Speech and ExpressionInternet GovernanceChilling EffectPress Freedoms2015-01-03T02:48:48ZNews ItemVimeo, DailyMotion, Pastebin Among Sites Blocked In India For 'Anti-India' Content From ISIS
https://cis-india.org/internet-governance/news/ib-times-jeff-stone-december-31-2014-sites-blocked-in-india-for-anti-india-content-from-isis
<b>The Indian government has convinced ISPs to block dozens of popular websites accused of hosting “anti-India” content posted by members of the Islamic State group, also known as ISIS or ISIL.</b>
<p style="text-align: justify; ">The story was <a class="external-link" href="http://www.ibtimes.com/vimeo-dailymotion-pastebin-among-sites-blocked-india-anti-india-content-isis-1770814">published by IB Times</a> on December 31. Pranesh Prakash is quoted.</p>
<hr />
<p style="text-align: justify; ">GitHub, Pastebin, as well as the video sites Vimeo and DailyMotion were among those rendered inaccessible to many of India’s nearly 250 million Internet users.</p>
<p style="text-align: justify; ">The text repository Pastebin <a href="https://twitter.com/pastebin/status/545881385756798978">first tweeted on Dec. 19</a> that it had been blocked, confirming on Dec. 26 that the blockade was at the behest of India’s Department of Telecom. Pranesh Prakash, the policy director at the Center for Internet and Society in Bangalore, posted a list of the blocked sites Wednesday. Notice the list was issued Dec. 17.</p>
<blockquote class="twitter-tweet" style="text-align: justify; ">
<p>Insane! Govt orders blocking of 32 websites including <a href="https://twitter.com/internetarchive">@internetarchive</a> <a href="https://twitter.com/Vimeo">@vimeo</a> <a href="https://twitter.com/github">@github</a> <a href="https://twitter.com/pastebin">@pastebin</a> <a href="https://twitter.com/hashtag/censorship?src=hash">#censorship</a> <a href="https://twitter.com/hashtag/FoEx?src=hash">#FoEx</a> <a href="http://t.co/F75ngSGohJ" rel="nofollow" target="_blank">pic.twitter.com/F75ngSGohJ</a></p>
<p>— Pranesh Prakash (@pranesh_prakash) <a href="https://twitter.com/pranesh_prakash/status/550196008416600064">December 31, 2014</a></p>
</blockquote>
<p style="text-align: justify; ">Hours later Arvind Gupta, the national head of information technology at India’s Bharatiya Janata Party, <a href="https://twitter.com/buzzindelhi">confirmed on Twitter</a> that a block had indeed been put in place. Other than referencing “ongoing investigations,” Gupta did not provide specific details on the type of threats being made.</p>
<blockquote class="twitter-tweet" style="text-align: justify; ">
<p>The websites that have been blocked were based on an advisory by Anti Terrorism Squad, and were carrying Anti India content from ISIS. 1/2</p>
<p>— Arvind Gupta (@buzzindelhi) <a href="https://twitter.com/buzzindelhi/status/550225247455035392">December 31, 2014</a></p>
</blockquote>
<blockquote class="twitter-tweet" style="text-align: justify; ">
<p>The sites that have removed objectionable content and/or cooperated with the on going investigations, are being unblocked. 2/2</p>
<p>— Arvind Gupta (@buzzindelhi) <a href="https://twitter.com/buzzindelhi/status/550225666847690752">December 31, 2014</a></p>
</blockquote>
<p style="text-align: justify; ">The move comes after it was discovered that the operator of a prominent pro-ISIS Twitter account was <a href="http://www.ibtimes.com/mehdi-masroor-biswas-was-only-isis-sympathizer-not-recruiter-bangalore-police-1752839">based in Bangalore</a>. Mehdi Masroor Biswas, 24, was arrested earlier this month after a <a href="http://www.channel4.com/news/unmasked-the-man-behind-top-islamic-state-twitter-account-shami-witness-mehdi" rel="nofollow" target="_blank">Channel 4 News investigation</a> determined he was behind @ShamiWitness, an account with more than 17,700 followers and 2 million tweets seen each month.</p>
<p style="text-align: justify; ">Indian Prime Minister Narendra Modi unveiled the “Make in India” campaign earlier this year in an attempt to encourage international businesses to invest in India. The campaign specifically mentions information technology as a sector in which India wishes to improve.</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/news/ib-times-jeff-stone-december-31-2014-sites-blocked-in-india-for-anti-india-content-from-isis'>https://cis-india.org/internet-governance/news/ib-times-jeff-stone-december-31-2014-sites-blocked-in-india-for-anti-india-content-from-isis</a>
</p>
No publisherpraskrishnaFreedom of Speech and ExpressionSocial MediaInternet GovernanceCensorship2015-01-02T16:43:20ZNews ItemGovt blocks 32 websites, including Vimeo and Github
https://cis-india.org/internet-governance/news/livemint-december-31-2014-moulishree-srivastava-govt-blocks-32-websites
<b>The websites that have been blocked were based on an advisory by Anti Terrorism Squad, and were carrying anti-India content from ISIS.</b>
<p style="text-align: justify; ">The article by Moulishree Srivastava was published in <a class="external-link" href="http://www.livemint.com/Industry/drJ5ToWFEIyRNEAbn9OcGN/Govt-blocks-32-websites-including-Vimeo-and-Github.html">Livemint</a> on December 31, 2014. Pranesh Prakash gave his inputs.</p>
<hr />
<p style="text-align: justify; ">The Indian government has blocked access to 32 websites based on the advice of an anti-terrorism team. The blocked URLs (uniform resource locator, an address to any website on the Internet) include files, videos and source code-sharing websites such as dailymotion.com, github.com, vimeo.com and archive.org.</p>
<p style="text-align: justify; ">In an order, tweeted by Pranesh Prakash, policy director at the Bengaluru-based research organization Centre for Internet and Society on Wednesday, the department of telecom said the 32 URLs had been blocked under Section 69 of the Information Technology Act, 2000, and under Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009. “The websites that have been blocked were based on an advisory by Anti Terrorism Squad, and were carrying anti-India content from ISIS (Islamic State of Iraq and Syria),” Arvind Gupta, head of the ruling Bharatiya Janata Party’s information technology cell, said in a message on Twitter.</p>
<p style="text-align: justify; ">His tweet came in response to a backlash to the move from Internet users. “The sites that have removed objectionable content and/or cooperated with the ongoing investigations, are being unblocked,” he added. If Internet service providers (ISPs) don’t comply with the demand, they are liable to being penalized, the order said.</p>
<p style="text-align: justify; ">The rules give the central government powers to block access to information if it is in the interest of the “sovereignty and integrity of India, defence of India, security of the state, friendly relations with foreign states or public order or for preventing incitement to the commission of any cognizable offence relating to above.” Intermediaries failing to comply with the rules are punishable with fines and prison terms of up to seven years, it notes. “Pastebin is still blocked in India.</p>
<p style="text-align: justify; ">We are getting many reports about this. The Indian government has blocked us...,” said one of the source code sharing websites, Pastebin.com, in a tweet. This is not the first time the government has cracked down on websites. A recent report by Freedom House, an independent watchdog, said the information ministry received a total of 130 court orders to block Web content between February 2009 and December 2013.</p>
<p style="text-align: justify; ">In February 2014, the then minister of communication and information technology told Parliament that 62 URLs were blocked in 2013 under Section 69A for hosting objectionable information with the potential to disturb public order. As many as 82 URLs were blocked on 18 September 2013 in addition to 26 blocked a week earlier after violence escalated between Hindu and Muslim communities in Muzaffarnagar district of Uttar Pradesh. A total of 362 URLs were blocked in response to communal violence in the northeast, the report said. “The problem isn’t just about the specific sites that are blocked; the prob(lem) always about the bad law...,” tweeted Prakash. “The 69A rules don’t allow for transparency, accountability, time-limits on blocks, etc. So easily misused by govt. + courts + individuals.”</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/news/livemint-december-31-2014-moulishree-srivastava-govt-blocks-32-websites'>https://cis-india.org/internet-governance/news/livemint-december-31-2014-moulishree-srivastava-govt-blocks-32-websites</a>
</p>
No publisherpraskrishnaFreedom of Speech and ExpressionSocial MediaInternet GovernanceCensorship2015-01-02T16:09:24ZNews ItemDoT Reportedly Orders Blocking of 32 Websites Including GitHub, Archive.org, SourceForge
https://cis-india.org/internet-governance/news/ndtv-december-31-2014-dot-reportedly-orders-blocking-of-32-websites-including-github-archiveorg-sourceforge
<b>Many users on Twitter are claiming that several websites, including many software development resources such as GitHub and SourceForge, along with research resources like the Internet Archive have all been blocked on order of the Department of Telecom. </b>
<p>The story was <a class="external-link" href="http://gadgets.ndtv.com/internet/news/dot-reportedly-orders-blocking-of-32-websites-including-github-archiveorg-sourceforge-642273">published in NDTV</a> on December 31, 2014. Pranesh Prakash gave his inputs.</p>
<hr />
<p style="text-align: justify; "><img src="https://cis-india.org/home-images/server.png" alt="server" class="image-inline" title="server" /></p>
<p style="text-align: justify; ">A letter circulating online shows a list of 32 URLs that ISPs have reportedly been ordered to block, with most of these URLs being entire websites, instead of specific webpages that's usually been the case with such blocks in the past.</p>
<p style="text-align: justify; ">We tried to verify the users' claims, but on both our office broadband network, and also on Airtel and Vodafone 3G networks, all the sites were opening properly at the time of writing. Interestingly, many of the sites failed the load at the first try, but simply hitting refresh once solved the problem.</p>
<p style="text-align: justify; ">This does not mean that blocking is not happening - it is possible that the order has been sent recently, and will take some time to be fully implemented. Here is the email which purportedly shows the list of the 32 blocked URLs, as posted by Pranesh Prakash, Policy Director of the Center for Inernet and Society:</p>
<p style="text-align: justify; "><img src="https://cis-india.org/home-images/InternetServiceLicenses.png" alt="internet service licenses" class="image-inline" title="internet service licenses" /></p>
<p style="text-align: justify; ">No information is available at present to confirm if blocking is truly happening, or why, but we are trying to ascertain the exact details and will update this story with the information as soon as possible.<br /><br />However, there is some partial confirmation because both Pastebin and the Internet Archive have tweeted about blocking from India.</p>
<p style="text-align: justify; "><img src="https://cis-india.org/home-images/internetarchive.png" alt="Internet Archive" class="image-inline" title="Internet Archive" /></p>
<p style="text-align: justify; ">Such blocks in the past have been <a href="http://gadgets.ndtv.com/internet/news/confusion-reigns-as-indian-isps-block-vimeo-torrent-websites-223340">due to John Doe orders</a> but the fact it is targeting software development sites like Github and Sourceforge is strange - the John Doe orders have specifically been used to block piracy of films, and blocking off sites that have no connection to movies makes no sense.</p>
<p style="text-align: justify; ">Arvind Gupta, the National Head of the BJP IT cell also took to Twitter, stating that these websites were being blocked for security reasons, based on the advice of the Anti-Terrorism Squad. According to Gupta's Tweets, the sites were being unblocked as soon as they removed "objectionable materials", allegedly related to ISIS.</p>
<p style="text-align: justify; ">It's extremely unusual that a government decision is being communicated by a political party official - if the Department of Telecom is blocking sites, then it should be the one to communicate and clarify these events. However, so far, it has not issued any statements, and neither has the IT Ministry.</p>
<p>
For more details visit <a href='https://cis-india.org/internet-governance/news/ndtv-december-31-2014-dot-reportedly-orders-blocking-of-32-websites-including-github-archiveorg-sourceforge'>https://cis-india.org/internet-governance/news/ndtv-december-31-2014-dot-reportedly-orders-blocking-of-32-websites-including-github-archiveorg-sourceforge</a>
</p>
No publisherpraskrishnaFreedom of Speech and ExpressionSocial MediaInternet GovernanceCensorship2015-01-02T14:51:39ZNews Item