Internet Censorship in India - Background

Background

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. The act criminalizes 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 criminalized sending messages deemed inflammatory or offensive.

Internet filtering can also be mandated through licensing requirements. For example, ISPs seeking licenses 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”. License agreements also require ISPs to prevent the transmission of obscene or otherwise objectionable material.

In 2001, the Bombay High Court appointed a committee to oversee issues relating to online pornography and Cybercrime. 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 cafes. 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. Its stated mission is "to enhance the security of India's Communications and Information Infrastructure through proactive action and effective collaboration". 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.

"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 ]