Internet censorship in India
Internet censorship in India is done by both central and state governments. DNS filtering and educating service users in suggested usages is an active strategy and government policy to regulate and block access to Internet content on a large scale. Measures for removing content at the request of content creators through court orders have also become more common in recent years. Initiating a mass surveillance government project like Golden Shield Project is an alternative that has been discussed over the years by government bodies.
Overview[edit]
OpenNet Initiative report[edit]
The OpenNet Initiative classified India as engaged in "selective" Internet filtering in the political, conflict/security, social, and Internet tools areas in 2011.[1][2] ONI describes India as:
Background[edit]
In June 2000, the Indian Parliament created the Information Technology (IT) Act to provide a legal framework to regulate Internet use and commerce, including digital signatures, security, and hacking.[1] The act criminalises the publishing of obscene information electronically and grants police powers to search any premises without a warrant and arrest individuals in violation of the act. A 2008 amendment to the IT Act reinforced the government's power to block Internet sites and content and criminalised sending messages deemed inflammatory or offensive.[9]
Internet filtering can also be mandated through licensing requirements. For example, ISPs seeking licences to provide Internet services with the Department of Telecommunications (DOT) "shall block Internet sites and/or individual subscribers, as identified and directed by the Telecom Authority from time to time" in the interests of "national security".[10] Licence agreements also require ISPs to prevent the transmission of obscene or otherwise objectionable material.[11]
In 2001, the Bombay High Court appointed a committee to oversee issues relating to online pornography and Cybercrime.[12] The Court invited the petitioners, Jayesh Thakkar and Sunil Thacker, to make recommendations on cyber laws. The committee published a report which analyses the key issues and made recommendations regarding areas such as the licensing of cyber cafés, putative identity cards for cyber cafe visitors, that minors use computers in public spaces, and the maintenance of IP logs by cyber cafes. The committee also recommended that internet service providers keep correct time logs and records.
The report also addressed the protection of children from adult websites and advised internet service providers to provide parental control software for every Internet connection. The committee also identified lack of technical knowledge in the police as a problem. The report was well received by the courts, and its recommendations are being implemented the police and cyber cafés. The Cyber Crime Investigation Cell was set up pursuant to a recommendation made by the committee.
In 2003, the Government of India established the Indian Computer Emergency Response Team (CERT-IN) to ensure Internet security.[13] Its stated mission is "to enhance the security of India's Communications and Information Infrastructure through proactive action and effective collaboration".[14] CERT-IN is the agency that accepts and reviews requests to block access to specific websites. All licensed Indian ISPs must comply with CERT-IN decisions. There is no review or appeals process. Many institutions, including the Ministry of Home Affairs, courts, the intelligence services, the police and the National Human Rights Commission, may call on it for specialist expertise. By stretching the prohibition against publishing obscene content to include the filtering of Web sites, CERT-IN was empowered to review complaints and act as the sole authority for issuing blocking instructions to the Department of Telecommunications (DOT). Many have argued that giving CERT-IN this power through executive order violates constitutional jurisprudence holding that specific legislation must be passed before the government can encroach on individual rights.[1]
"I am mystified by our government's approach both to the internet and to the millions of Indians using it. It does not adhere to the values of our republic and democracy. This matter needs to be addressed urgently, for which I propose to file a PIL in the Supreme Court. Don't kill the freedom of speech, change the IT Rules", says Rajeev Chandrasekhar, Member of Parliament.[15]
A committee of executives from social media companies meet biweekly in "69A meetings", where agencies would present posts and accounts they wanted removed. The agencies refer to threats to national security and the country's sovereignty for the necessity of takedowns. Under the Modi administration, the meetings became longer, spilling over into days.[16]
Timeline of censorship[edit]
Dawn website (1999)[edit]
Immediately after the Kargil War in 1999, the website of the Pakistani daily newspaper Dawn was temporarily blocked from access within India by Videsh Sanchar Nigam Limited, a government-owned telecommunications company which at the time had monopoly control of the international internet gateways in India.[17][18] Rediff, a media news website, claimed that the ban was instigated by the Indian government, and then published detailed instructions as to how one could bypass the filter and view the site.[19]
Yahoo Groups (2003)[edit]
In September 2003, Kynhun, a Yahoo group linked to the "Hynniewtrep National Liberation Council" (an illegal, minor separatist group from Meghalaya), which discussed the case of the Khasi tribe was banned.[20] The Department of Telecommunications asked Indian ISPs to block the group, but difficulties led to all Yahoo! groups being banned for approximately two weeks.[21]
Websites blocked (2006)[edit]
In July 2006, the Indian government ordered the blocking of 17 websites, including some hosted on the Geocities, Blogspot and Typepad domains. Initial implementation difficulties led to these domains being blocked entirely.[22][23][24] Access to sites on these domains other than those specifically banned was restored by most ISPs after about a week.[25]
Orkut and Indian law enforcement agreement (2007)[edit]
In 2007, Indian law enforcement entered an agreement with the then popular social networking site Orkut to track down what it deems defamatory content which, in their example, includes content critical of Bal Thackeray.[26]
This is a list of notable applications that have been banned in India pursuant to section 69-A of the Information Technology (Procedure and Safeguards for Blocking of Access of Information by Public) Rules, 2009.[158]
On 2 September 2020 Indian government released another list of 118 apps.[159][160]
14 communication apps banned in May 2023 as they were allegedly being used by the terrorists in Jammu and Kashmir:[161]
Locations[edit]
Jammu and Kashmir[edit]
Before revocation of autonomous status of Jammu and Kashmir, the Internet services were shut down as part of curfew and complete communications blackout including cable TV, landlines and cellphones on 4 August 2019.[162] The Internet was restored on 25 January 2020, when the government allowed people of Kashmir to access the internet on 2G with whitelisted websites. It was over a year later in February 2021 when access to high speed internet was restored across Jammu and Kashmir.[163] This blockade and other frequent internet shutdowns in the region have been termed by a local human rights group as amounting to digital apartheid.[164] Many students got affected because they could not study properly on online classes during lockdown because the internet speed was too slow. Broadband services were set to be restored the same day, but because of technical error BSNL could not restore it till 5 March 2020. Broadband was restored with full access whereas mobile internet at 2G. The State government shut down the Internet on 17–18 March 2014 in Jammu and Kashmir to stop separatists from addressing a United Nations Human Rights Council sideline event via video link in Geneva.[165] Internet access was shut down again for mobile and landline broadband in July 2016 against the backdrop of protests.
The state government of Jammu and Kashmir on 26 April 2017[166] ordered the various Internet service providers (ISPs) operating in the valley to block access to 22 social networking websites for one month saying among other things, "endangering public life and property and causing unrest/ disharmony in the state". Pertinently, the order was passed by exercising the powers conferred under the Indian Telegraph Act, 1885 which technically became obsolete c. 2008 when the Government of India decided to stop all telegraph services in the country. As a result of this censorship, people living in the valley have resorted to circumvention tactics in the form of using web proxies, VPNs among other things. The popularity of these tactics have compelled the government to block access to Android Play Store among other services for some time in a bid to prevent citizens from getting access to these services.
The banned services include widely used services like Facebook, Twitter, WhatsApp but also the list includes websites like QQ, Baidu, Qzone, which are not used outside of mainland China. Xanga, a website featured in the list, shut down in 2013.[167] These websites mostly being in Mandarin has people concerned that the censorship has been an attempt to suppress dissent only by all means necessary, as opposed to their claim of "maintaining peace and harmony".
Rajasthan[edit]
Internet was suspended in 4 districts of Rajasthan in October 2021, following violent protests.[168]
Internet was suspended across Rajasthan in view of the Rajasthan Administrative services exam, in October 2021.[169]
Internet servies across Rajasthan were suspended to prevent cheating in the teachers recruitment exam, in September 2021.[170]
Internet services were blocked in the state for days amid religious tensions in the aftermath of the murder of Kanhaiya Lal, this was done to stop the spread of the beheading video.[171]
Gujarat[edit]
The State Government of Gujarat shut down the Internet in Vadodara, Gujarat from 27 September 2014 for 3 days due to communal clashes between two communities, even though only the central government has the power to shut down the Internet under the Information Technology Act, 2000[172] and that, in addition, under a declared state of emergency under Article 352 of the Constitution of India when freedom of speech and expression is suspended. No formal announcement was made regarding this by the city police or the Internet service providers.[173][174][175]
When the Patidar reservation agitation turned violent on 25 August 2015, the internet services on mobile phones and broadband were restricted as certain social media platforms like WhatsApp and Facebook were blocked for six days from 26 August 2015 to 31 August 2015 across the state.[176]
Nagaland[edit]
The State Government of Nagaland shut down the Internet for the entire state, from 7 March 2015 for 48 hours due to the mob lynching of a man.[177][178]
Both SMS and internet/data services were suspended in Nagaland from 30 January 2017, which were restored on 20 February 2017 after being blocked for 20 days. The block was initiated to prevent the spread of violence in the state. This situation came up when two Naga tribal bodies had served a three-day ultimatum to Zeliang to step down following the government's decision to hold local body elections with 33% reservation for women in 12 towns across the state and the death of two persons in clashes between the police and protestors at Dimapur, the commercial hub of Nagaland, on the night of 31 January 2017.[179][180][181]