Social Censorship in India

Sudha Nagaraj Bharadwaj, Journalist | 11/30/2012 | 27 comments

Sudha Nagaraj Bharadwaj
Truth is really stranger than fiction in India when the topic is censorship of freedom of expression on the Internet.

Over the last week, two young girls were arrested near Mumbai because of their innocuous updates on Facebook. One girl objected to the shut-down of activities in the city following the death of Bal Thackeray, the founder of a right-wing party. Her friend's offense: She "Liked" the former's comment.

In late October, a businessman in Puducherry was arrested for his post on Twitter. He had alleged that the finance minister P Chidambaram's son had amassed wealth.

In September, a cartoonist was arrested on charges of sedition for the anti-corruption cartoons he had posted on his website.

In April, a Jadavpur University professor was arrested for mass forwarding an email with a cartoon about chief minister Mamata Banerjee.

While each of the above instances was followed by public outrage, the extent of the authorities' preoccupation with the goings-on in cyberspace is better revealed by a recent Google report.

According to the "Transparency Report" published by the web services company, the Indian government made the second-largest demand for web user information, behind only the United States government. Between January and June of this year, the Indian government asked Google to disclose user information 2,319 times covering 3,467 users or accounts.

Privacy and security issues were the top complaint and led to the removal of 374 items across Google Images, Picasa Web Albums, Orkut, YouTube, and Web Search. Defamation was also a common complaint and Google was asked to remove 120 items through 13 court orders and 35 directives from the executive and police. Religious sensibilities prompted action against 75 items that were removed through six court orders and executive/police advice.

The report -- the sixth of its kind from Google -- said Google complied with 64 percent of the requests by the Indian government. Between July 2011 and December 2011, Indian authorities had sought 2,207 users' data and Google had complied with about 66 percent of these requests. Interestingly, Google also received three fake court orders that demanded removal of blog posts and entire blogs for defamation with threats of punishment, if Google failed to comply.

The increasing surveillance of the Internet across the world is evident in the fact that there were 20,938 inquiries from government entities seeking information on 34,614 accounts, according to an official Google blog post. While the number of requests for removal of content was largely flat from 2009 to 2011, there was a spike in the first half of 2012. There were 1,791 requests from government personnel around the world to remove 17,746 pieces of content. What is of equal concern -- if not more -- is the rate of compliance. In the case of the US, it was 90 percent, while Japan commanded an 86 percent compliance rate for 104 requests. The UK made 1,425 requests and 64 percent were complied with. Brazil also got a 76 percent compliance on 1,566 requests.

It is not just Google. Other companies like LinkedIn and Twitter have also started sharing censorship data and making the information public. It is hoped that the exercise will throw the spotlight on unreasonable requests, lacunae in national laws, and blatant censorship of the Internet.

For instance, in India, every time an arrest is made under the Information Technology Act of 2000, amended in 2008, a debate is sparked off over Section 66 A. This section states that any person who sends by computer or communication device any information that is "grossly offensive" or has "menacing character" or is known as false and sent to cause annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will shall be punishable with imprisonment up to three years and a fine. It also covers false messages, or messages which mislead the recipient about the origin of the message.

It is now felt that the application of this law has been erroneous in every instance. So some corrective steps may be taken, which would enable only senior ranking police officers to invoke this section. Training may also be required to enable police officers to understand the intent of the accused better as well as what constitutes "grossly offensive" and "menacing" messages.

While this law brings under its umbrella any user and their activities, even service providers like Internet cafés and Internet sites like Facebook are covered under the Information Technology (Intermediaries Guidelines) Rules of 2011. According to this rule, as an intermediary, Internet companies have to "disable" such information within 36 hours of knowledge of such an act. Is it surprising then that compliance with government surveillance tactics is on the rise?

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Sudha N Bharadwaj   Social Censorship in India   12/7/2012 12:22:13 PM
Re: freedom of expression
The cartoonist was charged with sedition --which is akin to an insurrection or revolt against the government. His cartoons, which many found were in bad taste would at best attract punishment under the insult to national symbols law. He was not plotting an Aggression.
Gigi   Social Censorship in India   12/6/2012 4:01:17 AM
Gigi
Re: freedom of expression
"But it does not attract charges of sedition surely? The application of law is erroneous as intent is not established"

I personally feel that it's better to have a second thought before engaging with such activities. What you meant by "charges of sedition".
Sudha N Bharadwaj   Social Censorship in India   12/5/2012 12:16:25 PM
Re: freedom of expression
@Gigi,

Of course it is not right. It is an offence under the Prevention of Insults to National  Honour Act, 1971. But it does not attract charges of sedition surely? The application of law is erroneous as intent is not established.
Gigi   Social Censorship in India   12/4/2012 2:39:25 AM
Gigi
freedom of expression
Sudha, obliviously there should be some censorship in so called "freedom of expression". Changing Asoka pillar with devil face in national emblem is not at all acceptable and would you think it is good.  But arresting for comments against Mumbai bandth is also not acceptable, because such things are against the freedom of exression.
batye   Social Censorship in India   12/2/2012 3:13:43 AM
Re: what about Sudha?
human nature is to push the limits and see what happens... if they could get away with it why not... for me I trust two thing Lord and Karma... Bible never give me wrong direction..., everything have a price in real world or spiritual... and you get what you create... I try to behave online the same way as I do in real life...
I'm not perfect in real life or online... but I try to treat others the way I wanna be treated...

maybe it just me as to each his own...

ps: some people rude by nature, I try to stay far and away from them... 

I prefer dealing with Computers...
Pedro Gonzales   Social Censorship in India   12/2/2012 1:17:47 AM
1984 a reality?
I think some governments really take censorship too far.   That will mean that with the internet they can have a large influence on what people believe even if that is not true.  Big brother becomes not a fiction but reality and we all know where this will lead us.  I hope the indian government change their mind in the future and see th importance of an open society
Sudha N Bharadwaj   Social Censorship in India   12/1/2012 6:47:51 AM
Re: what about Sudha?
@David,

It is also interesting to see how the libel cases are going up in the UK. A politician is suing every single tweet against him, and also the retweets. Whether or not the tweeple concerned have sizeable following and even if they were only citing BBC (whose report was later established as false). 
Sudha N Bharadwaj   Social Censorship in India   12/1/2012 6:22:26 AM
Re: what about Sudha?
@Curtis, In most of the cases that came to light recently, there is no serious contravention of the law. Certainly nothing that would attract an arrest. I would not go so far as to demand a repeal of the law as much of the debate here seems to suggest. Better interpretation and  circumstances that justify invoking certain provisions will do the trick. I think that is what is unfolding here ---unless the Supreme Court takes a different view at the end of the hearing on a public interest litigation filed last week.
Sudha N Bharadwaj   Social Censorship in India   12/1/2012 6:15:18 AM
Re: Fascinating topic
@CurtisFranklin,

Thanks. I try my best ... we are all entering into a very tricky zone with social media. Some of the battles can be fought online with a response, but if people rush to the police and file lawsuits, there is bound to be a confrontation. Some agencies will also exploit the situation to their own advantage.

 

 

 

 

 
MDMConsult   Social Censorship in India   11/30/2012 11:36:34 PM
Re: Social Censorship in India
@CurtisFranklin Your confusion makes sense. For most countries, leadership tends to get involved where government is involved. Social Media censorship seems closely related to or that it evolves from our privacy and piracy amendments for all of online. Countries in general seem to look at potential enemies and such serious threats like these cases as using Social Media to their advantage. At the end of the day, it is a question of one's true morale. Censorship involving law enforcement or government relatively gives public the invitation that the legal right of speech has been crossed. With "extremists", these are people that probably just can't acknowledge between legal rights which adds to the internet censorship controversy. People are used to news, media including social information as transcontinental. This case is a great display of how absence of a legal framework allowed government to take action over those that "represented a threat" or extremism. It hurts the most when it is a country that stems from extremism or dictatorship.

 
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