India's government has begun a massive and unprecedented ban on pornographic websites, supplying internet companies with a list of more than 850 websites that need to be denied access to.
Indian internet service providers (ISPs) got a notice from the department of telecom on 31st July, ordering the blocking of 857 pornographic websites, executives at Airtel and Vodafone confirmed to HuffPost India. They asked not to be named.
The full impact of the ban is likely to be more visible beginning Monday when ISPs are expected to comply with the full ban list. A spokesperson for the department of telecom could not be reached.
The government can order the block of any website under Section 69A of the Indian IT Act, which was upheld by the Supreme Court as constitutional even as it struck down the even more draconian Section 66A earlier this year.
This is what Section 69A of the Information Technology Act grants:
In other words, if the block is challenged in a court, the government will have to establish that a ban on pornography is necessary in the "interest of sovereignty and integrity of India, defense of India, security of the State, friendly relations with foreign states or public order or for preventing incitement to the commission of any cognizable offence relating to above". In such an event, it will likely argue that access to pornography leads to greater crime against women.
A Delhi internet connection provided by Spectranet and several others displayed blank pages on 11 out of the world’s 13 most popular pornographic sites on Sunday, according to Legally India and users on Reddit, a popular online discussion forum.
In early July the Supreme Court declined to pass an interim order during a petition brought by advocate Kamlesh Vashwani to block pornographic websites in India. Chief Justice of India (CJI) H.L. Dattu observed orally in court, during lawyers’ arguments, that it would be a violation of Article 21’s right to personal liberty to ban anyone over 18 years of age from “watching it within the four walls of my room”.
The case is still ongoing.
As news of the ban spread over the weekend internet users on social media were outraged.
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Indian internet service providers (ISPs) got a notice from the department of telecom on 31st July, ordering the blocking of 857 pornographic websites, executives at Airtel and Vodafone confirmed to HuffPost India. They asked not to be named.
The full impact of the ban is likely to be more visible beginning Monday when ISPs are expected to comply with the full ban list. A spokesperson for the department of telecom could not be reached.
The government can order the block of any website under Section 69A of the Indian IT Act, which was upheld by the Supreme Court as constitutional even as it struck down the even more draconian Section 66A earlier this year.
This is what Section 69A of the Information Technology Act grants:
Power to issue directions for blocking for public access of any information through any computer resource.- (1) Where the Central Government or any of its officer specially authorized by it in this behalf is satisfied that it is necessary or expedient so to do in the interest of sovereignty and integrity of India, defense of India, security of the State, friendly relations with foreign states or public order or for preventing incitement to the commission of any cognizable offence relating to above, it may subject to the provisions of sub-sections (2) for reasons to be recorded in writing, by order direct any agency of the Government or intermediary to block access by the public or cause to be blocked for access by public any information generated, transmitted, received, stored or hosted in any computer resource.
(2) The procedure and safeguards subject to which such blocking for access by the public may be carried out shall be such as may be prescribed.
(3) The intermediary who fails to comply with the direction issued under sub-section (1) shall be punished with an imprisonment for a term which may extend to seven years and also be liable to fine.
In other words, if the block is challenged in a court, the government will have to establish that a ban on pornography is necessary in the "interest of sovereignty and integrity of India, defense of India, security of the State, friendly relations with foreign states or public order or for preventing incitement to the commission of any cognizable offence relating to above". In such an event, it will likely argue that access to pornography leads to greater crime against women.
A Delhi internet connection provided by Spectranet and several others displayed blank pages on 11 out of the world’s 13 most popular pornographic sites on Sunday, according to Legally India and users on Reddit, a popular online discussion forum.
In early July the Supreme Court declined to pass an interim order during a petition brought by advocate Kamlesh Vashwani to block pornographic websites in India. Chief Justice of India (CJI) H.L. Dattu observed orally in court, during lawyers’ arguments, that it would be a violation of Article 21’s right to personal liberty to ban anyone over 18 years of age from “watching it within the four walls of my room”.
The case is still ongoing.
As news of the ban spread over the weekend internet users on social media were outraged.
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