In late September 2015, the Indian government published an ill-conceived and poorly drafted national encryption policy which would have had severely detrimental impacts on privacy, freedom of speech, national security, foreign investment, and the regular business of the telecommunications and Internet industry in India. After public uproar and international ridicule, the policy was withdrawn on the eve of Prime Minister Modi’s visit to Silicon Valley to invite investment in his Digital India project. This post simply breaks down encryption and examines the motives and implications of the policy. Click the title to read more.
In India, a cable television channel’s content has invited a government warning, which the channel has judicially challenged. The incident recasts light on India’s absurd system of television censorship, which primarily flows from the Cable Televison Act, 1995. A poorly-drafted list of prohibited content, called the Programme Code, is interpreted by a group of unaccountable bureaucrats with no specialized knowledge of television, arts, or the law. Similar to the erstwhile section 66A of the Information Technology Act, which was recently judicially struck down for vagueness, the Programme Code has survived by evading judicial scrutiny. How does such arbitrary censorship subsist? Humpty Dumpty might have the best answer.
[Excerpt] Because of its disjointed development, the constitutional basis of the right to privacy in India remains muddy. Indian courts have yet to craft a privacy rights jurisprudence that responds to surveillance, morals-based denials of personal choices, and forcible collections of bodily information. There are wide gaps in the right to privacy through which the collection of biometric information for the Aadhar project could easily slip through, perhaps even be made compulsory.
[Excerpt] The irony of Subramanian Swamy’s newest challenge to India’s hate speech and blasphemy laws is lost on many of his supporters. The same laws were used to prosecute Wendy Doniger and harass Maqbool F. Hussain, as well as Shirin Dalvi and others who published images depicting the Prophet Muhammad.
[Excerpt] The Central Monitoring System (CMS) is an attempt to co-opt the interface between government and the purveyors of communications; because if the state cannot control communications, it cannot control society. It represents the natural culmination of the progression of Indian surveillance. However, in its present state, Indian surveillance law is unable to bear the weight of the CMS project, and must be vastly strengthened to protect privacy and accountability before the state is given direct access to communications.