Finding 404: A Report on Website Blocking in India 2022

FOCUS

This report was published in 2023 by Software Freedom Law Centre, Delhi. It provides latest data on internet shutdowns in India. Nearly 55,580 websites, Youtube channels, applications, etc. were blocked in India between January 2015 to September 2022. The report notes that this data, gleaned from information in the public domain, is not sufficient as information on blocking is often denied by the government citing confidentiality. 

The report states that governments control the flow of information by blocking cyberspaces. Content is blocked under provisions laid in Article 19(2) of the Constitution of India, the Information Technology Act, 2000, The Copyright Act, 1957 and The Digital Millennium Copyright Act, 1998. 

This 142-page document is divided into four chapters: Legal Framework for Website Blocking in India (Chapter 1); Analysis of Website Blocking in India (Chapter 2); Technical Analysis of Website Blocking (Chapter 3); and International Jurisprudence on Website Blocking (Chapter 4). 

    FACTOIDS

  1. The report states that the biggest share of website blocking is done under Section 69A of the IT Act, 2000. The number of websites blocked between 2015 and 2022 stands at 26,447, which is 47.5 percent of the total number of websites blocked. 


  2. The report notes that 274 mobile applications have been blocked by Ministry of Electronics and Information Technology (MEITY) for over 2 years under Section 69A of the IT Act, 2000. The reason cited by the Ministry for this was that the applications indulged in “stealing the data of its users and transmitting it to servers outside India in an unauthorized manner”.

  3. Copyright infringement is the second most common reason for website blocking with a share of 46.8 per cent of all websites blocked.

  4. The report notes that the third major reason for internet blockages are obscenity, CSAM (Child Sexual Abuse Material) and pornography. A total of 1,065 websites have been blocked between 2015 to 2022 citing this reason.

  5. The government has cited the sovereignty, integrity, defence and security of the state along with public incitement as popular reasons for internet blockages.

  6. According to the report, Ministry of Electronics and Information Technology, has published zero orders of website blocking. Moreover, the Ministry has not provided any information on the names of the websites blocked under Section 69A of the IT Act, 2000.

  7. The report makes detailed recommendations and notes that minimal restrictions on speech need to be imposed, publication of orders should be carried out and selective blocking should be practiced instead of blocking the entire website.

    Focus and Factoids by Mayank Rastogi. 

AUTHOR

Software Freedom Law Centre

COPYRIGHT

Software Freedom Law Centre

PUBLICATION DATE

2023

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