The Mumbai Police issued an order that prohibits the spread of certain information through social media platforms on May 23, 2020. We have sent a representation to the Mumbai Police & the Maharashtra Home Dept. to review and amend the order. 1/10

internetfreedom.in/we-wrote-to-th…
The Mumbai Police on May 23, 2020 issued an Order under Section 144, CrPC for regulation of social media use and to curb the spread of disinformation related to the COVID-19 pandemic. 2/10

timesnownews.com/mumbai/article…
Under paragraph 4 of the Order, prohibited information includes incorrect and distorted facts as well as derogatory and discriminatory remarks which cause panic and confusion among the general public and incite mistrust towards the government. 3/10
Under paragraph 5, the Order also states that all persons designated as “admins” (administrators) on messaging and social media platforms will be held personally liable for the spread of any disinformation and derogatory and discriminatory remarks as stated above. 4/10
Under paragraph 6 of the Order, the admins have the personal responsibility of reporting such dissemination to the police. The order states that any person contravening the order shall be punishable under Section 188 of the Indian Penal Code. 5/10
This order has been challenged in the High Court of Bombay through a Writ Petition. In the writ petition, the order has been challenged on the basis that the order is vague and places restrictions on the right to free speech which are not reasonable. 6/10

livelaw.in/news-updates/m…
Legal Deficiencies with the Order
1/ Void for vagueness: The order restricts freedom of speech by failing to define the phrase “distorting facts”. 7/10
2/ Ultra vires: The order exceeds the ambit of Section 144 of CrPC.
3/ Lack of proportionality: Order under S.144 CrPC must be based on the principle of proportionality and must be the least intrusive measure. 8/10
Thus, IFF recommended:
✅Review and amend the parts which are incompatible with the rights guaranteed by the Constitution.
✅Issue an advisory with a draft SOP that draws from the “Joint Declaration on ‘Fake News’, Disinformation and Propaganda” 9/10

osce.org/fom/302796
IFF is running a membership drive to get 50 new member sign-ups this month. We urge you to support us by helping us reach our goal of 50 new members. Become a member with us today! 10/10
#WeNeed50

internetfreedom.in/become-an-iff-…

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More from @internetfreedom

Jun 7
BREAKING: DIGIYATRA EXPOSED❗🧵

Here’s how your beloved DigiYatra uses facial recognition technology (FRT) Content warning: ***DYSTOPIAN USES*** ⚠️⚠️ 1/10 Image
Now that we have your attention, here are the recent ways in which Indian public authorities and police forces used (and abused) facial recognition systems, jeorpardising the human rights and data privacy of millions of Indian citizens without much accountability. 2/10 🧵
1️⃣ @tnpoliceoffl suffered a massive data leak in its FRT portal, making 8,00,000 lines of data vulnerable. This incl. personal data of policemen & FRT reports on thousands of accused persons. IFF called for a total ban on use of FRT by police forces. 3/10

internetfreedom.in/leak-in-tamil-…
Read 10 tweets
May 7
🚨 On May 4, 2024, a massive breach in @tnpoliceoffl’s Facial Recognition (FRT) Portal exposed over 8,00,000 lines of data—which include 50,000 facial IDs, personal information of police officers, & details of crimes, police stations, & FIRs filed. 🚨🧵1/8
The FRT software, developed by CDAC-Kolkata and hosted on TNSDC, which was storing facial images alongside personal details of suspected, accused, & incarcerated persons, was compromised—and the list of data leaked from it is disturbingly long. ⬇️ 2/8
FRT is an extremely invasive & dangerous surveillance tool which poses direct threats to privacy, especially at the hands of law enforcement. Police forces are able to amass & process large volumes of sensitive facial data without any checks, consent, transparency, or procedural safeguards. 3/8
Read 8 tweets
Apr 4
Been hearing some chatter around #DigiYatra? As scary questions about ownership, transparency, and data flow emerge, here is a quick rundown of everything we know about the service, and more importantly, everything we don’t. 😶‍🌫️🧵1/7
1️⃣Who owns DigiYatra?
In 2019, @MoCA_GoI passed on DigiYatra's operations & data ecosystem to a *private company* created for this very purpose – DigiYatra Foundation. DYF is a joint venture between 5 Indian airports (public-private, 74% stake) & @AAI_Official (public, 26%). 2/7
2️⃣ Such a public-private venture must be answerable to citizens?
Not exactly. Neither DYF nor its security audit agency @IndianCERT fall under the RTI Act. It cannot, technically, be forced to disclose any information on its data practices & security. 3/7
medianama.com/2023/03/223-ci…
Read 8 tweets
Mar 22
Were you among the millions of @WhatsApp users who got a DM from ‘Viksit Bharat Sampark’? 🫠🫠

The account, seeking feedback on government initiatives, is now barred by the Election Commission from sending messages.
But several concerns persist… (1/10)
internetfreedom.in/whatsapp-messa…
The message, accompanied by a letter from the PM, listed the various schemes and initiatives introduced by the incumbent government and was, in many cases, sent after the ECI released its Model Code of Conduct for upcoming elections. (2/10)
It stirred a storm and how…
First, we wonder how exactly did MeitY secure the contact information of such a large number of people and when/how did it begin using this information for outreach purposes? (3/10)
Read 10 tweets
Mar 20
🚨🚨
Statement:

@GoI_MeitY has notified the @PIBFactCheck of the @MIB_India as the fact-checking unit (FCU) under the IT Amendment Rules, 2023.

The notified FCU will be empowered to flag online “false”, “fake”, or “misleading” information related to the Union govt. 1/9 🧵 Image
The establishment of the FCU less than a month before the country heads for the #GeneralElections2024 could vastly affect the nature of free speech on the internet as it holds the potential to be (mis)used for proactive censorship, most importantly in the context of dissent. 2/9

Link to the PDF:
.content.internetfreedom.in/api/files/divc…
This notification follows the March 13 decision of the Bombay HC, where the Bench refused to restrain the setting up of an FCU until the third Judge decides on the constitutionality of the 2023 Amendment.

This effectively allowed the Union govt to operationalise the FCU, despite its constitutionality being under deliberation before the High Court. 3/9

Read 9 tweets
Mar 12
‼️Indian Railways has floated a tender for the installation of 3.3L facial recognition-enabled CCTV cameras inside railway coaches with a central face-matching server to surveil & identify passengers (adults & children) to ‘curb crime’. (1/7)

internetfreedom.in/indian-railway…
@amofficialCRIS invited tech providers to install FRT-enabled tech with ‘video analytics’ to identify faces & send them to a ‘face matching server’. This lacks legal safeguards, creates a fertile land for misidentification & staff bias, & fails Puttaswamy criteria. (2/7)

CCTV systems enabled with FRT operate in regulatory limbo as there is no legislative basis to use it to combat crime. & there’s the currently inoperational DPDPA which may not adequately regulate CCTV and FRT, leaving individuals' sensitive facial data vulnerable to misuse. (3/7) Image
Read 8 tweets

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