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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. Also measures for removing content at the request of content creators through court orders have become more common in recent years. Initiating a mass surveillance government project like Golden Shield Project is also an alternative discussed over the years by government bodies.
In 2003, the Government of India established the Indian Computer Emergency Response Team (CERT-IN) to ensure Internet security.[11] Its stated mission is "to enhance the security of India's Communications and Information Infrastructure through proactive action and effective collaboration".[12] 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]
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.[14][15] 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.[16]
On 24 December 2011, Reliance Communications, a widely used ISP, again blocked access to file-sharing sites, having obtained a John Doe order from a Delhi court to help protect the movie Don 2 several days before its release. The block was lifted on 30 December 2011.[26][27]
In May 2012, Anonymous India (AnonOpsIndia), a branch of the hacktivist group Anonymous, hacked the servers of Reliance Communications to protest the blocking of Vimeo, The Pirate Bay, Torrentz and other torrent sites. The ISP Reliance Communications stated that it simply followed a court order.[50][51] The group also hacked Reliance DNS servers preventing direct access to Twitter, Facebook and many other websites in India on 26 May 2012 for allegedly blocking its Twitter handle @OpIndia_Revenge.[52] They went on to warn the Government to restore all the blocked websites till 9 June 2012, and has planned a nationwide protests on the same date.[53][54] After this hack, Anonymous also released a list of websites that had been blocked by Reliance without any orders from the government, raising questions of private and unaccountable censorship by telecom providers.[55]
On 1 August 2015, 857 pornographic sites were blocked under section 79 3(b) of Information Technology Act, 2000, to restrict access to pornographic content.[80] This list was given to government officials by petitioner Kamlesh Vaswani on 17 October 2014 in Supreme Court of India. The original list was generated by Suresh Kumar Shukla,[81][82] founder of Filternet Foundation which makes pornography-blocking software and contained popular sites.[83] The block was ordered by the government Department of Telecom on 31 July 2015. A copy of the order is available through media websites.[84][85][86][87][88]
Over 130 complaints around the country from users appeared about blocked access to VPN, proxy sites. There were also reports of platforms like Telegram, Reddit and SoundCloud being inaccessible. There was no official word by the DoT for why were these platforms blocked, a common practice of the DoT which has a record of being non-transparent about the blockings.[101]
Around 40 websites operated by the pro-Khalistan outfit Sikh For Justice (SFJ) were blocked in response to SFJ starting registrations on its websites for Referendum 2020. India does not recognize "Right to Self Determination".[109] There were several reports of the search engine DuckDuckGo being inaccessible for the Indian users.[110]
In July, environmental groups leading the movement against the Indian Government's new Environmental Impact Assessment (EIA) 2020 Draft reported that their websites were inaccessible to users in India. Fridays for Future India, and several other environmental collectives reported that their websites were blocked/taken down, for reasons unknown to them, without any prior notice of any sorts.[111]
In August 2015, the Central government of India ordered TRAI and internet service providers based in India to ban domestic and international porn websites. In response, nearly 857 websites were blocked.[126] Star India Pvt. Ltd., an entertainment company owned by 21st Century Fox have successfully gained authorization through hoodwinking the court. They can now force ISPs to block entire websites to tackle Internet piracy and sharing for their copyrighted content. This was gained through falsifying data that these sites are uploading videos when it is a user centered activity and covering up the fact each of these websites have active departments to regulate any sorts of infringement and misuse of their services. Prathiba M Singh, who had represented Star India, cited poor resources of media giants like Star India, for targeting these domains without block expiry period and their legal team termed these sites as "rogue sites" and expressed delight in their successive filing from 2014 and incognito win to violate freedom of trade on the Internet at least in India. Though some critics say this would be lifted eventually by seeing the fallacy as in similar previous cases.[127] Many has raised there voice through social media that the proceedings being overly suspicious and was gained for an alternate means, which is aimed for profiting rather than the initial spike of alleged piracy of these copyrighted contents and strengthening an ongoing practice of bottle-necking the internet users to forced payment and culture of on-demand online access to content.[128][129] This has happened in the same week were media personnel's filter-free over indulgences to manipulate ongoing cases and political statements without any guidelines were appalled by Lawyers in the country.[130][131]
Current situation that have led to this sudden moves is reported to be by influence of film studios in India and courts who have regularly issued orders in the favor for them. Often these are done with the contracted lawyers of film studios approach courts in regular intervals ahead and after a movie's release seeking preventive blocks on the URLs they compile and list. This lists in reality are unprofessionally and "poorly compiled and often block is sought on full websites just on the basis of whims and fancies". "Once this order are issued, the copies of the order along with the list of URLs to be blocked go to DoT, which then they pass an order to internet service providers to block these sites". Once a URL is blocked it remains blocked, even years after the release of the film without an expiry. Patent lawyers also suggest to make practical changes in its laws according to the current e-environment like making materials accessible within six months to one year and protecting the content from manipulation and creative infringement of the same under copyright laws to lessen the current piracy problems.[134]
The state government of Jammu and Kashmir on 26 April 2017[154] 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 circa 2008[citation needed] 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.[citation needed]
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