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This autumn the Russian authorities have made it clear that they are intent on extending the blocking of websites. In September, two prominent State Duma members of the ruling United Russia party, Robert Shlegel and Maria Maksakova, submitted amendments to an anti-piracy law, prohibiting illegal distribution of movie. These entered into force on 1 August. The deputies propose to supplement the law with measures that protect the copyright of musicians, writers and computer program developers.
In November, Andrei Lugovoi, a MP from the rightwing nationalist Liberal Democratic Party, submitted a bill proposing the extrajudicial blocking of sites containing calls for riots or extremist activities, including calls to take part in public events held deemed to be in violation of the established order. Hitherto, such sites have been subject to blocking by a court order. This initiative was met with general approval by members of the State Duma.
On 23 September the Chechen Republic prosecutor announced the filing of writs against internet service providers (ISPs), demanding restrictions on access to a website publishing the anti-Putin polemic “Putin’s plan is Russia’s misfortune”. The article is on the Federal List of Extremist Materials.
On 11 September the Chechen Republic prosecutor announced the filing of writs to restrict access to a website featuring the Islamist piece “Zaiavlenie komandovaniia mudzhakhidov Vilaiata Galgaiche” (Statement of the Mujahideen commanders of Vilayata Galgaiche), which is on the Federal List of Extremist Materials. The defendants were not identified in the report.
On 11 September it was reported the Leninsky district prosecutor had issued a writ to the ISP MAN Set for allowing public access to videos included on the Federal List of Extremist Materials. The ISP complied with the writ and those responsible for allowing access faced disciplinary charges.
On 10 September the Gorno-Altaysk city court granted the Altai Republic prosecutor’s motion demanding that the ISP Mobilnye Telesystemy restrict access “to an extremist video clip posted on 16 websites”. The clip in question was not specified. The decision was made in the absence of the defendant.
On 25 September the Moscow city prosecutor reported that the Kuzminsky district court had accepted the demand of the Kuzminskaia interdistrict prosecutor that the ISPs Click and Obiedinennye Lokalnye Seti limit access to five websites that made available Hitler’s Mein Kampf. The prosecutor also demanded a block on a website containing citizens’ personal data.
On 25 September the Krasnodar regional prosecutor reported that the Adlersky district court in Sochi had accepted the demand of the district prosecutor that it define two Islamist texts published on the VKontakte social network as extremist.
On 11 September the Urus-Martanovsky district prosecutor filed a lawsuit demanding that ISPs limit access to a website for publishing the video Videovestnik Russkoi Molodezhi (the Youth Messenger), included on the Federal List of Extremist Materials. The case is pending.
On 25 September the Ulyanovsk regional prosecutor reported that the Zavolzhsky district prosecutor had issued writs demanding the ISPs ER-Telecom Holding and Rostelecom cease offering access to the websites kcblog.info and t-kungurova.livejournal.com. Both are legally recognised as extremist [for being aliases] for the Chechen militants’ website Kavkazcenter.
On 13 September it was reported that the Petropavlovsk-Kamchatsky city prosecutor had issued demands that several schools install content filters to prevent access to websites containing extremist propaganda.
On 27 September it was reported that the Dankovskaia interdistrict prosecutor in Lipetsk region had demanded the director of Dankov Secondary School No 1 eliminate violations of the child protection law. An inspection had revealed that the internet filtering system installed on school computers was not blocking access to websites about drugs, pornography and suicide. It also allowed access to the texts of songs included in the Federal List of Extremist Materials.
On 17 September it was reported that the Omsk city prosecutor had identified a number of violations at Boarding School No 14 for visually impaired children. In particular, the school computers allowed access to Hitler’s Mein Kampf, included on the Federal List of Extremist Materials, as well as to websites containing pornographic images, violence and drug propaganda.
On 3 September it was reported that the Sverdlovsk regional arbitration court had accepted the demand of a fine for B N Yeltsin Ural Federal University, issued by the Ural regional office of the watchdog Roskomnadzor. The university had failed to submit an application for an access code to the register of banned websites. As a result, students had access to resources included on the register. The court imposed a fine of 30 thousand rubles on the university. The court’s decision has not yet entered into force.
On 11th September it became known that the local Penza’s prosecutor office asked the court to block access to the website Pobedish.ru (“You win”). The website is part of Perezhit.ru group – a suicide prevention resource that works with psychologists, psychiatrists, forensic experts and the clergy.
On 23 September it was reported that the Moskovsky district court of Kaliningrad had received a prosecutorial request that the ISP TIS-Dialo restrict access to several websites describing methods of committing suicide.
The Russian branch of Facebook came close to being blocked for publishing advertisements for illegal smoking blends in September, according to reports from the Itar-Tass news agency, citing Facebook’s Russian press service. Facebook said users had reported the ads for smoking blends on 16 September and the company had been unable to do so because of a technical glitch. The incident followed a warning from the Federal Antimonopoly Service (FAS) that it intended to inspect social networking sites for ads for banned substances. The media watchdog Roskomnadzor subsequently warned Facebook that it had been provisionally placed on the register of banned websites and would be shut down if it did not remove the ads. Facebook announced on 19 September that it removed the offending content.
On 18 September it was reported that the Kurgan regional office of Roscomnadzor had compiled reports on two ISPs that were not blocking access to websites advertising illegal drugs.
On 17 September it was reported that Sergei Trushin, deputy head of the Yekaterinburg administration, had sent a letter to the regional office of the interior ministry requesting action against websites advertising the sale of alcohol. The Ministry of Internal Affairs shut down the sites and the people behind them were fined.
On 3 September it became known that the Sverdlovsk regional court had accepted the demand of the Kirovsky district prosecutor in Yekaterinburg that the ISP VympelCom-Communications block five gambling websites based on foreign servers. The demand had been accepted by a district court but the ISP had appealed.
On 12 September the Tomsk regional prosecutor announced that the Strezhevoy town prosecutor had filed a lawsuit against the ISP Danzer demanding restrictions on access to eight online casinos. The ISP complied by blocking the sites.
On 5 September Rostelecom blocked its subscribers’ access to the largest UK betting website, williamhill.com. The ISP Qwerty in Moscow and the surrounding region also blocked access to the site.
Rostelecom subscribers could not access the website’s primary domain, online casinos or online poker sites. Instead, they saw a message announcing that the domain had been blocked by court order or that the address had been placed on the register of banned websites.
On 5 September Moscow city court accepted the claim of NTV-Profit against 11 online torrent sites — free-torrents.org, inetkino.org, rejtinga.net, nnm-club.me, hotbase.org, x-torrents.org, goldenshara.com, rutor.org, torrnado.ru, torrent-shara.org, nntt.org – that were distributing the popular Russian-made films Vor (The Thief), Krutoi Povorot (Sharp Turn) and Interny (The Interns).
On 5 September Moscow city court accepted a request by the Central Partnership Sales House requesting to block the torrent portal Rutracker.org to prevent it distributing the American films Now You See Me and Taken 2. Rutracker removed the films and avoided being blocked.
On 9 September it was announced that the Tsentralny district court had granted a request by the Zheleznodorozhny district prosecutor of Novosibirsk to declare an icon-like image of Pussy Riot, created by the artist Artyom Loskutov, banned from distribution via the internet. The image has been added to the register of banned websites.
On 24 September it was announced that the Yegoryevsk city court had granted the city prosecutor’s motion against Yegoryevskaia Telekommunikatsionnaia Kompaniia (Yegoryevsk Telecommunications Company) to limit access to an online casino website. Earlier, the same court had ruled in favour of the provider, but the prosecutors challenged the decision, and the Moscow regional court sent the case back for retrial. The Yegoryevsk city court ordered the provider to restrict access to the site, but the access to the website was found to already be blocked – perhaps, by the online casino’s owner or another operator. However, the court insists that Yegoryevskaia Telekommunikatsionnaia Kompaniia should be the one to implement access restrictions. The court provided no advice on how to block an already inaccessible site.
On 25 September the Stavropol regional prosecutor reported that the Novoaleksandrovsky district prosecutor had filed a claim in Leninsky district court against the Stavropol regional branch of Rostelecom, demanding restrictions on access to the website royallib.ru. The site provides public access to the book Skiny: Rus probuzhdaetsya (Skinheads: Rus Is Awakening) by Dimitri Nesterov, which is on the Federal List of Extremist Materials
On 13 September it was reported that Roscomnadzor had included the porn site redtube.com on the register of banned websites. The reason for placing the site on the register was not specified, but it might have been because it published a cartoon entitled “Hentai school girls fucking for better grades”.
On 6 September it was announced that the central investigations directorate of the ministry of internal affairs in the Moscow Region had demanded that the website of Dozhd (Rain) TV channel be blocked for violation of Part 2 of the Criminal Code Article 282 (“incitement to hatred or hostility and humiliation of human dignity”). TV Dozhd is the country’s most popular online TV news channel and is relatively independent. The exact nature of the material deemed objectionable was not reported. The Ru-Center domain registrar confirmed the existence of the police request, but, since the request was filled out incorrectly, the TV channel website was not blocked. Interior ministry representatives subsequently denied the reports. The administration of Dozhd also stated that they had received no such orders from the ministry of internal affairs.
On 6 September it was reported that the Kirovsky district prosecutor in Saratov had filed a lawsuit against the ISP Saratovskaia Sistema Sotovoi Sviazi (SSSS) demanding that it restrict access to an internet portal advertising a bankrupt company. The ISP refused to block the relevant IP address because it was also used by three unrelated sites. In addition, the provider stated that it had no control over IP address changes, while an advertiser could always change it. However, the court granted the prosecutor’s claim and ordered the ISP to restrict access to the site.
On 3 September it was announced that the Moscow arbitration court had fined the ISP KMC Telecom and that the Saratov regional arbitration court had fined the ISP Hemikomp for ignoring the requirement to sign up to the register of banned websites. In both cases, the decisions were made based on evidence from the media watchdog Roskomnadzor. It said the ISPs’ reluctance to register and block access to websites listed on the register was in violation of Part 3.14 of the Administrative Code (entrepreneurial activity without state registration).
On 14 September it was reported that the Amur office of Roscomnadzor had filed administrative responsibility reports against the following ISPs: Amurtelekom, A- Link, Transsvyaztelekom, Inter.kom, KRUG, GudNet, Moia Komputernaia Set, Gorodok, and Edinaia Gorodskaia Set. Roscomnadzor demanded penalties for their failure to comply with the register of banned websites. If the violation is not addressed, each provider faces a fine of up to 40,000 rubles.
On 26 September it was reported that www.i-zpp.ru, a consumers’ rights website, had been added to the register of banned websites. The addition was triggered by the decision of the Salekhard city court of 18 April 2013 to block access to websites containing extremist materials. The consumer protection website had been blocked because it had the same the IP- address as extremist websites. In late September the site was, once again, accessible from Moscow.
On 20 September it became known that Vladimir Kharitonov, the owner and administrator of the website Novosti elektronnogo knigoizdaniia (News of electronic book publishing, digital-books.ru), had filed an appeal with the Moscow city court against Roskomnadzor’s decision to include it on the register of banned websites. Kharitonov had previously attempted to appeal the decision, but the Tagansky district court dismissed his appeal in March. The Moscow city court did the same in September. The owner of the website intends to appeal to the European Court of Human Rights.
On 17 September it became known that the Omsk city prosecutor had succeeded in blocking 15 websites. Previously, the Tsentralny district court had dismissed the claim of the Omsk city prosecutor demanding that the local branch of Rostelecom restrict access to 15 sites selling certificates and diplomas. The prosecutor appealed the decision and the Omsk regional court overturned the lower court’s decision and ordered the internet provider to block the websites.
This article was originally posted on 22 Nov 2013 at indexoncensorship.org
CONTENTS
Introduction and Recommendations | 1. Online censorship | 2. Criminalisation of online speech | 3. Surveillance, privacy and government’s access to individuals’ online data | 4. Access: obstacles and opportunities | 5. India’s role in global internet debates | Conclusion
The rules India makes for its online users are highly significant – for not only will they apply to 1 in 6 people on earth in the near future as more Indians go online, but as the country emerges as a global power they will shape future debates over freedom of expression online.
India is the world’s largest democracy and protects free speech in its laws and constitution.[1] Yet, freedom of expression in the online sphere is increasingly being restricted in India for a number of reasons– including defamation, the maintenance of national security and communal harmony, which are chilling the free flow of information and ideas. Many of the most restrictive laws and technical means used to enforce these restrictions are recent developments that have undermined India’s record on freedom of expression. A mix of social and political pressure, alongside the terrorist attacks in Mumbai in 2008, has led to this decline, but civil society is beginning to push back.
This paper explores the main digital issues and challenges affecting freedom of expression in India today and offers some recommendations to improve digital freedom in the country.
Constraints on digital freedom have caused much controversy and debate in India, and some of the biggest web host companies, such as Google, Yahoo and Facebook, have faced court cases and criminal charges for failing to remove what is deemed “objectionable” content. The main threat to free expression online in India stems from specific laws: most notorious among them the 2000 Information Technology Act (IT Act) and its post-Mumbai attack amendments in 2008 that introduced new regulations around offence and national security.
New regulations introduced in 2011 oblige internet service providers to take down content within 36 hours of a complaint, whether made by an individual, organisation or government body, or face prosecution. This is problematic in many ways: it makes intermediaries liable for content which they did not author on websites and platforms which they may not control and encourages them to monitor and pre-emptively censor online content, which leads to the excessive censorship of content.
Meanwhile, the arrest and prosecution of citizens who have posted content deemed “grossly harmful”, “harassing”, or “blasphemous” has multiplied. Censorship through the criminalisation of online speech and social media usage is troubling, especially when it affects legitimate political comment or harmless content.
Other issues addressed in this paper include how individual states and the national government of India restricts online communications using filters, and increasingly engages in mass surveillance, which can chill freedom of expression. One of the most pressing challenges to digital freedom remains India’s use of network shutdowns in certain regions, it is claimed, in order to prevent public disorder.
Ensuring access to the digital world remains a national challenge. With only 10 percent of the Indian population online today, there may be a billion new Indian netizens online in the future. How India enables this to happen will be a major challenge. While India is an increasingly influential player in global internet governance, now is a critical time to analyse its domestic regulations and policies that will shape the path not only for the people of India but also for regional neighbours and emerging democratic powers.
This paper is divided into the following chapters: online censorship; the criminalisation of online speech and social media; surveillance, privacy and government’s access to individuals’ online data; access to digital; and India’s role in global internet debates.
The online censorship chapter looks at intermediary liability and the issue of state and corporate censorship mainly via takedown requests and filtering and blocking policies. The criminalisation of online speech chapter covers the prosecution of Indian citizens who post content on the net, including on social media.
The surveillance chapter looks at the recent revelations on the extraordinary extent of domestic surveillance online, and how it contributes to chilling free speech online. It also looks at privacy and government’s access to individuals’ online data. The access chapter covers obstacles and opportunities in expanding digital access across the country.
Finally, the chapter on India’s role in global internet debates looks at India’s positioning in the current debates that will result in potentially significant changes to net governance in the next two years.
This policy paper is based on research from London and a series of interviews conducted between June and October 2013 with a range of interviewees from civil society, internet businesses, political figures and journalists.
RECOMMENDATIONS
To end internet censorship and provide a safe space for digital freedom, Indian authorities must:
• Stop prosecuting citizens who express legitimate opinions in online debates, posts and discussions;
• Revise takedown procedures, so that demands for online content to be removed do not apply to legitimate expression of opinions or content in the public interest, so not to undermine freedom of expression;
• Reform IT Act provisions 66A and 79 and takedown procedures so that content authors are notified and offered the opportunity to appeal takedown requests before censorship occurs;
• Stop issuing takedown requests without court orders, an increasingly common procedure;
• Lift restrictions on access to and functioning of cybercafés;
• Take better account of the right to privacy and end unwarranted digital intrusions and interference with citizens’ online communications;
• Maintain their support for a multistakeholder approach to global internet governance.
CONTENTS
Introduction and Recommendations | 1. Online censorship | 2. Criminalisation of online speech | 3. Surveillance, privacy and government’s access to individuals’ online data | 4. Access: obstacles and opportunities | 5. India’s role in global internet debates | Conclusion
This report was originally posted on 21 Nov 2013 at indexoncensorship.org
[1] Article 19 of the Indian Constitution protects freedom of speech and expression. Government of India, ‘The Constitution of India,’ as modified up to the 1st December 2007, Article 19. (1)(a) ‘All citizens shall have the right to freedom of speech and expression’ http://lawmin.nic.in/ accessed on 23 September 2013.
CONTENTS
Introduction and Recommendations | 1. Online censorship | 2. Criminalisation of online speech | 3. Surveillance, privacy and government’s access to individuals’ online data | 4. Access: obstacles and opportunities | 5. India’s role in global internet debates | Conclusion
CONCLUSION
This paper has shown that despite its lively democracy, strong tradition of press freedom and political debates, India is in many ways struggling to find the right balance between freedom of expression online and other concerns such as security. While civil society is becoming increasingly vocal in attempting to push this balance towards freedom of expression, the government seems unwilling or unable to reform the law at the speed required to keep pace with new technologies, in particular the explosion in social media use. The report has found the main problems that need to be tackled are online censorship through takedown requests, filtering and blocking and the criminalisation of online speech.
Politically motivated takedown requests and network disruptions are significant violations of the right to freedom of expression. The government continues its regime of internet filtering and the authorities have stepped up surveillance online and put pressure on internet service providers to collude in the filtering and blocking of content which may be perfectly legitimate.
Despite numerous calls for change, the government has refused to reform the controversial IT Act. However, public outrage and protests against abuses of the law have multiplied since 2012. Civil society and political initiatives against this legislation have increased and demands for new transparent and participatory processes for making internet policy have gained popular support.
Technical means designed to curb freedom of expression, arguably to achieve political gain, have no place in a functioning democratic society. While government efforts to expand digital access across the country are promising, these efforts should not be undermined by disproportionate and politically motivated network shutdowns.
While it is to be welcomed that India is taking a more vocal part in the global internet governance debate in favour of the multistakeholder approach, it is essential it ensures its own laws are proportionate and protect freedom of expression in order for the country to have the most impact in this debate.
RECOMMENDATIONS
To end internet censorship and provide a safe space for digital freedom, Indian authorities must:
• Stop prosecuting citizens who express legitimate opinions in online debates, posts and discussions;
• Revise takedown procedures, so that demands for online content to be removed do not apply to legitimate expression of opinions or content in the public interest, so not to undermine freedom of expression;
• Reform IT Act provisions 66A and 79 and takedown procedures so that content authors are notified and offered the opportunity to appeal takedown requests before censorship occurs;
• Stop issuing takedown requests without court orders, an increasingly common procedure;
• Lift restrictions on access to and functioning of cybercafés;
• Take better account of the right to privacy and end unwarranted digital intrusions and interference with citizens’ online communications;
• Maintain their support for a multistakeholder approach to global internet governance.
CONTENTS
Introduction and Recommendations | 1. Online censorship | 2. Criminalisation of online speech | 3. Surveillance, privacy and government’s access to individuals’ online data | 4. Access: obstacles and opportunities | 5. India’s role in global internet debates | Conclusion
This report was originally posted on 21 Nov 2013 at indexoncensorship.org
CONTENTS
Introduction and Recommendations | 1. Online censorship | 2. Criminalisation of online speech | 3. Surveillance, privacy and government’s access to individuals’ online data | 4. Access: obstacles and opportunities | 5. India’s role in global internet debates | Conclusion
(5) INDIA’S ROLE IN GLOBAL INTERNET DEBATES
International summits and fora over the next two years will be critical in determining the internet’s future. The open and inclusive multistakeholder model of internet governance has been called into question, with some governments – namely China, Iran and Russia – advocating for more control. As an influential state in our increasingly digital and multipolar world, India has the opportunity to push policies that promote digital freedom. Yet, India is still very much a swing state in these internet governance debates.
After initial scepticism, India has now joined the European Union (EU) and the US in resisting the call for a top-down government-led approach for global internet governance. At the World Conference on International Telecommunication in Dubai in December 2012, India was one of the few countries to side with EU member states and the US in supporting the current multistakeholder status quo. This was the result of a debate in India, in which the key battle line was whether internet freedom constituted a daunting threat to security that required top-down national control or not.
India’s hesitation increased after the 2008 Mumbai attacks when Jaider Singh, Secretary of the Department of Information Technology, described the internet as “both a vehicle and a target of criminal minds”.[49] Concerns over security and spam led India to advocate for more national control over internet governance, through the creation of a United Nations committee.[50] Earlier in 2011 at the Internet Governance Forum in Nairobi, India, along with South Africa and Brazil – two other crucial swing states in the internet governance debate – proposed a similar initiative.
While such top-down control has long been advocated by the likes of China and Iran – countries with a poor domestic track record on digital freedom – it is a direct threat to internet openness and the exercise of human rights online by placing too much control of the process in the hands of national governments. The EU and US tried to address India’s concerns diplomatically by agreeing to a working group.
It is positive that India is now willing to play an important role in defending the multistakeholder model of internet governance against calls for more top-down state regulation. Yet, it is clear that with a sixth of the world’s population, it is not just important for India’s government to defend internet freedom globally, but also ensure that its domestic record stands up to scrutiny and is a model for the rest of the world to adopt. Currently, this is not the case.
India is not only setting internet policies for its 10 percent of users today, but for its 1 billion citizens yet to come online. The decisions it makes, both domestically and on the international stage, are likely to set powerful precedents for regional neighbours, and other emerging democratic powers.
CONTENTS
Introduction and Recommendations | 1. Online censorship | 2. Criminalisation of online speech | 3. Surveillance, privacy and government’s access to individuals’ online data | 4. Access: obstacles and opportunities | 5. India’s role in global internet debates | Conclusion
This report was originally posted on 21 Nov 2013 at indexoncensorship.org
[49] Jaider Singh, speaking at the third annual Internet Governance Forum in Hyderabad, India, in 2008 with the theme ‘Internet for All.’ Internet Governance Forum, ‘Internet Governance Forum Concludes Hyderabad Meeting’ (6 December 2008), http://www.elon.edu/docs/e-web/predictions/IGF 08 Daily Highlights Dec 6.pdf accessed on 10 September 2013.
[50] In 2011, India proposed a United Nations Committee for Internet-Related Policies (CIPR) be established to develop and oversee internet policies that would affect the world’s users. Techdirt, ‘India Want UN Body To Run The Internet: Would That Be Such A Bad Thing?’ (2 November 2011), http://www.techdirt.com/articles/20111102/04561716601/india-wants-un-body-to-run-internet-would-that-be-such-bad-thing.shtml accessed on 2 September 2013.