The blocking of a blogging website, even if only for a short period, raises the disturbing question of curbs imposed on free speech in India through executive fiat. There is a clear pattern of Internet censorship that is inconsistent with constitutional guarantees on freedom of expression. It is also at odds with citizen aspirations in the age of new media. What is worrying is that the rules governing online publication are being tinkered with periodically to facilitate such filtering. This is done under the Information Technology Act, 2000. The Department of Information Technology recently published the draft Information Technology (Due diligence observed by intermediaries guidelines) Rules, 2011 that specifically mark bloggers for scrutiny, and require intermediaries such as service providers not to themselves host or publish any information. Evidently, this can be interpreted to cover blogs and other websites. What is worse, the rules propose to authorise the intermediaries to remove access to ‘infringing' material if they themselves have actual knowledge or are asked to do so by a mandated authority. These are retrogressive provisions that weaken constitutional freedoms and the parent law. As it stands, the IT Act merely requires the intermediary to exercise due diligence and does not talk of not hosting or publishing information. Ideally, the only criterion online publications should have to meet is compliance with the general laws of the land.
The emergence of the WikiLeaks phenomenon and the use of online tools in North Africa and West Asia to inform and organise people underscore the power of citizen publishing. This is a new reality governments must learn to live with. Conflicts are bound to arise if the rules for online publication are modified specifically to prevent such publication. For instance, draft rule 3(2)(a) for intermediaries requires the user not to publish or display information that belongs to another person. Potentially, secret documents ferreted out by investigative journalists or whistleblowers in the public interest may be interpreted to belong to a third party — and blocked from the public domain. It is inconceivable that such a restriction could be applied to traditional media, which have a robust record of exposing corruption in high places. What all this makes clear is the need for wide public debate on any move to impose restrictions on online publishing. It is unacceptable that access to some websites is blocked through executive orders issued by technical bodies such as the Indian Computer Emergency Response Team, with no explanation on why such action was taken.
Keywords: blogging, free speech, Internet censorship, bloggers
The blocking of a blogging website, even if only for a short period, raises the disturbing question of curbs imposed on free speech in India through executive fiat.
Observtions of Mr.Sadasivam posted on Mar 10,2011 regarding the 2 elements viz power of supreme court and legilastive institutions and freedom of speech of the common public aptly coincides with the present global politics. His words are not only the need of the hour but eye opener to the emerging politicians,voters and the Government, present and the future. Hats off!
After seeing what Wikileaks and other web news organizations can do, the western world is still struggling to strike a solution on how to moderate the content that goes into the internet. There is no clear demarcation of the line between what information should or shouldn't be published by these new entities. However, if there was one thing that the recent events with Wikileaks had demonstrated to the world, it was the power of 'the freedom of speech' and how it can make and shake the thrones of the nations. In a country where corruption and law-breaking have become a common sight and every day news at every single level of the government and the administration, the people are left with only 2 things to hope for. One, the power of the Supreme Court and other legislative institutions and their ability to make unbiased verdicts with no influence from any government entities. Secondly and most importantly - the freedom of speech of people themselves and their ability to express their opinions and views. There is no future for any country even if one of these 2 is compromised.
One basic reason behind imposing such restrictions can be hiding the widely spread corruption in the country apart from little to bother genuine reasons. Blogging and posting is a easy and convenient way to express oneself and its far more effective than any other means. The real culprits are the one who governs such law and how can they change the law against themselves. Even media is not that effective if some individual wants to express something which has a big impact on these politicians and big faces. But how long can they suppress the people from right to express the basic right which the constitution provides. The law will have to be amended in near future.
Despite freedom of speech provisions, our netas and babus ban books and movies citing national security or other reasons. Our largely illiterate population doesn't even know of the ban in some cases and even if they did, it is so far removed from their daily slog for existence that they do not bother. But things are different for a younger, upwardly mobile generation which questions the status quo. They have opinions; they take positions; they test the limits of freedom in a theoretically free society which for all practical purposes has rigid straitjackets when it comes to freedom of speech. The condescension and secrecy of babus ('we know what is best for you') versus the openness of a young population. Would be interesting to see this play out in the future.
I strongly feel that India is being led to tyrannical government model by Congress party by enacting such laws. Democracy is the rule of citizens, and such laws are against the interests of citizens and henceforth such laws are anti-national.
Free expression is the oxygen of the civil society to sustain itself. Denial of free speech to the individual is tantamounting to smothering him to death. The government's initiative to block blogging smacks of its excessive love to the US and its anxiety to placate the interests of the latter. The phenomenal potency of WikiLeaks and its threat to the existential solace of the potentates of American authoritarianism might have been behind the clandestine pressure tactics on the nation. Freedom for expression is an inherent componet of liberty and its denial is equallent to the abrogation of liberty. Can this be allowed in our sovereign, socialist and secular Republic?
This is ridiculous. The members of government need to wake up to the reality that they are elected and paid to take care of common spaces, and NOT to act as our Mai Baap like they often do!
what is "infringent" matter? The one which exposes the expoloitation of oppressing class in this society seems to be intetpreted as "infringing" and blocked by execute order . Its merely nothing but strangulating the freedom of speech in our country too in the light of wikileaks and such incidents. Let all citizens condemn this dubious act.
Govt seems to have become skeptical about the power of internet and social networks after the recent west Asia crisis. With the public becoming restless with all the scandals and scams, govt wants to take no chance and do not want to turn India gate into Tahrir square.I hope and wish I am out of the govt's radar for criticizing it.
This is new irrational restriction on blogs raises a 2 questions. One of the freedom of speech. Two, of the possibilities of riots and other information/opinions that can lead to communal tensions. Personal opinions in blogs has the undoubted power of reaching out to millions across the country and world, like a wildfire. The keyword here is personal. Considering from a government point of view, there ought to be some sort of control on this. From a citizen point of view, Freedom of Speech. What I believe is that we need to strike a balance somewhere between the two. And this balance, somehow, seems a tough one to strike.
It's a pro-corruption legislation. Government should withdraw from the enactment of this black-law. It means, the authorities wants to pursue with utter corruption in India, and they want to mum all protesting corners. That's why they want to silence the questioning blogs.
If blogs are restricted, corruption in our country will be multiplied. So check and prevent it, bloggers need freedom. So all human-right and anti-corruption centres should act against this legislation.
editorial was so nice
Free speech is ascribed to democracy. It is an irrational bar imposed on free speech. The carte blanche given to certain authority shouldn't mean that they can change the constitution in their ways, it is a subject of public debate.
i think citizen journalism will become the order of the day with internet and its ubiquity. RTI is the feeding tube, and standard press is the helper and tyrant governments don't like it. Monitoring blogging (Freedom of Speech) is cruelest act of Democracy.
Government's decision to ban the blogger are a totally irrational decision.And all credit goes to our opposition parties which let the I.T. Act. to be passed without any discussion under "stealth legislation"......Such gag should be withdrawn immediately in public interest.
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