Institutional Structure of Internet Censorship - Arts and Humanities Assignment Help

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ONLINE CENSORSHIP

Since 2003, the institutional structure of internet censorship and filtering has centred on the Indian Computer Emergency Response Team (ICERT), a department of the Ministry of Communication and Information Technology that serves as a nodal agency for accepting and reviewing requests from a designated pool of government officials to block access to specific websites.[2] This chapter will outline how takedown requests, both with and without court orders, are commonplace, and demonstrate that corporations sometimes contribute to censorship by over-complying with government requests. Along with filtering and blocking policies, these procedures are inconsistent and often threaten freedom of expression in India. With so many methods being used to restrict online speech, there is lively debate in India around how censorship affects fundamental freedoms and society.

(A) TAKEDOWN REQUESTS
Takedown requests, when properly regulated, implemented and subjected to judicial oversight, can be an effective way for copyright owners and aggrieved individuals to remove illegal content from the web. When takedown procedures are inconsistent or inadequately defined, as is the case in India, such requests can, and often do, chill freedom of expression.

In the 2008 amendments to the IT Act, the government acted to limit intermediary liability and standardise notice and takedown procedures under Section 79 of the IT Act. This marked a positive move to curtail the worst abuses of the law and protect intermediaries. The question of intermediary liability is particularly complex in India due to vague laws around defamation and public order. The Indian authorities have tended to prioritise control or regulation of free speech to “protect communal harmony”.

Case study: MouthShut.com
On 29 April 2013, MouthShut.com, India’s leading online consumer review website, filed a petition in the Supreme Court of India to nullify the 2011 IT Rules. The petition pleads that the 2011 IT Rules be declared illegal, null and void as they are ultra vires of the Constitution.[10] Faisal Farooqui, founder of MouthShut.com, has said that the company has “been threatened with hundreds of legal notices, cybercrime complaints and defamation cases. At other times, officers from various police stations call our office, demanding deletion of various reviews or face dire consequences under the IT rules”.[11]

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