What are the most pressing threats to free expression in India? Join the #DigitalLawsAsia discussion by @APC_News to find out! At IFF, our free expression work has been focused on the unholy trinity of internet shutdowns, website blocking and speech based offences. 1/n
The Indian Govt shuts down the internet more than any other country in the world and it is responsible for the longest internet shutdown imposed by any democracy. 2/n #DigitalLawsAsia
Here is a timeline of 300 days of internet restrictions in J&K which are still in place and have been challenged before the Supreme Court. 3/n #DigitalLawsAsia
While J&K has faced the most severe restrictions, internet shutdowns are a pan-India problem with government officials pulling the kill switch for all kinds of reasons including preventing cheating in exams! 4/n #DigitalLawsAsia
Here are some legislative and policy proposals on how to reform India’s internet shutdown framework. 5/n #DigitalLawsAsia
But preventing internet shutdowns is not enough. We must also work towards creating a positive right to internet access to bridge the digital divide. Even today, millions of Indians are deprived of internet access due to lack of infrastructure and last mile connectivity. 6/n
Here is an example from Andaman & Nicobar where people are forced to pay bills as high as 50k for extremely poor internet connectivity. 7/n #DigitalAndaman#DigitalLawsAsia
Website blocking has been in the news recently after the Indian Govt blocked access to a popular file sharing website called WeTransfer citing national security and public order. 8/n #DigitalLawsAsia
Here is an explainer on why this case represents the lack of transparency and accountability which has become a core feature of website blocking in India 9/n #DigitalLawsAsia
The constitutionality of India’s website blocking law was upheld in Shreya Singhal v. UoI but the government routinely flouts requirements of notice, pre-decisional hearing and issuance of a reasoned order which helped the law pass constitutional muster. 10/n #DigitalLawsAsia
The blocking of the satirical Dowry Calculator website is a glaring example of this and IFF retained lawyers have facilitated a legal challenge against this before the Delhi High Court. 11/n #DigitalLawsAsia
There has been a rise in misinformation during the COVID-19 pandemic and governments want to criminally punish people who spread “fake news” but this runs the risk of stifling any dissent. 12/n #DigitalLawsAsia
We recently wrote to the Mumbai Police urging them to review their order issued under S.144, CrPC which criminalises online speech on vague grounds and holds group admins personally responsible for the speech of others. 13/n #DigitalLawsAsia
An important aspect of our work has been ensuring that existing victories are not eroded and we have been vigilantly monitoring the legal zombie which keeps rising from the dead: S.66A of the IT Act. 14/n #DigitalLawsAsia
Despite being struck down as unconstitutional in 2015, the police has continued to file cases under S.66A and we are working on a data driven project to eliminate its use. 15/n #DigitalLawsAsia
We have consistently sought reform of India's obscenity laws which are rooted in notions of victorian morality rather than individual autonomy. But online image based sexual abuse is very different from consensual pornography and it causes immense harm. 16/n #DigitalLawsAsia
Online harassment which has a chilling effect on vulnerable groups is also a free expression concern and here is what we must do to make the internet a safe space for women and girls. 17/n #DigitalLawsAsia
Now it's your turn! Tell us which free expression issues do you think deserve more time and attention and join the discussion at #DigitalLawsAsia. And while you're at it, don't forget to check out the @CYRILLA database with cases, legislations and analysis from 148 countries.18/n
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🚨 Massive Victory! 🚨
@CCI_India has imposed a historic penalty of ₹213.14 cr (approx. $25.25 M) on Meta for abusing its dominant position via WhatsApp's 2021 Privacy Policy. IFF submitted expert information as an informant. Let’s break it down 🧵👇1/10 internetfreedom.in/statement-cci-…
The 2021 policy update by WhatsApp, implemented on a 'take-it-or-leave-it' change, forcing users to accept expanded data collection & sharing within the Meta group—without any real opt-out option. 2/10
The CCI concluded that this constituted:
✅ Unfair conditions under Indian competition law
✅ A violation of user autonomy, given the lack of effective alternatives to WhatsApp
✅ An abuse of Meta’s dominant position, contravening Section 4(2)(a)(i) of the Competition Act. 3/10
Here’s how your beloved DigiYatra uses facial recognition technology (FRT) Content warning: ***DYSTOPIAN USES*** ⚠️⚠️ 1/10
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
🚨 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
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…
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)
@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 🧵
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
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