August 3, 2015

INDIA BLOCKS 857 PORNOGRAPHY WEBSITES, DEFYING SUPREME COURT DECISION

[Adding to the confusion, the government acted just weeks after India’s Supreme Court declined a request to block access to online pornography. In rejecting the request, India’s chief justice, H.L. Dattu, said adults had a fundamental right to watch pornography within the privacy of their own homes.]

 

NEW DELHI Without warning or explanation, the Indian government this weekend ordered Internet service providers to block access to 857 pornography websites that had been singled out by an anti-pornography activist.
Within hours, social media platforms in India lit up with complaints from people trying to visit pornography sites only to find either a blank screen or a cryptic message saying the site had been blocked “per instructions” fromIndia’s Department of Telecommunications.
Because the government made no official announcement about why it was censoring so many websites, much remained unclear on Monday about its intentions, including how it chose which sites to block. According to Internet service providers in India, thousands of other pornography websites were unaffected by the order.
Adding to the confusion, the government acted just weeks after India’s Supreme Court declined a request to block access to online pornography. In rejecting the request, India’s chief justice, H.L. Dattu, said adults had a fundamental right to watch pornography within the privacy of their own homes.
The activist, Kamlesh Vaswani, a lawyer who failed to persuade the Supreme Court to block online pornography, gave thanks on Monday to Prime Minister Narendra Modi for taking a step that the Supreme Court would not. “Under Prime Minister Modi’s good governance and the good faith with which this government has been working,” Mr. Vaswani said in an interview, “they have been instrumental in blocking the 857 websites that I have been looking to get blocked.”
Mr. Vaswani, 43, a private lawyer from the central Indian state of Madhya Pradesh, said he decided to begin a legal crusade against online pornography in response to the brutal gang rape of a 23-year-old womanon a New Delhi bus in 2012. With help from a college engineering professor, Mr. Vaswani analyzed traffic data for pornography websites and came up with a list of the most popular sites. This list of 857 websites, he said, is what he asked the Supreme Court to block.
“Nothing can more efficiently destroy a person, fizzle their mind, evaporate their future, eliminate their potential or destroy society like pornography,” Mr. Vaswani wrote in his petition to the Supreme Court. “It is worse than Hitler, worse than AIDS, cancer or any other epidemic,” he added. “It is more catastrophic than nuclear holocaust, and it must be stopped.”
After the Supreme Court rejected his petition, Mr. Vaswani gave his list of 857 websites to Pinky Anand, once a top lawyer for Mr. Modi’s Bharatiya Janata Party and now a top lawyer for Mr. Modi’s government. It was Ms. Anand, he said, who delivered his list to the Department of Telecommunications.
“Yes, Mr. Vaswani gave me that list of porn websites,” Ms. Anand said in an interview. “I did not instruct the ministry to block, but more specifically, take appropriate action.”
Internet providers typically receive a list of a handful of websites the Department of Telecommunications wants blocked. The order the department sent on Friday was no different, except this time the list was far longer and it included many of the most popular pornography sites in the world.
“It is a simple letter with instructions to block the aforesaid websites,” Dinesh Chandran, an executive with Asianet Satellite Communication Ltd., said in an interview. The government gives no explanation for why it wants a website blocked, he said, and Internet service providers have little choice but to comply. “For us, the Department of Telecommunications is the government.”
Speaking anonymously, government officials gave different justifications for blocking the websites. An official told The Hindustan Times that the affected sites were “found to be spreading antisocial activities as hyperlinks.” The official did not specify which activities were deemed antisocial. But in The Times of India, an official said the ban was temporary, in place only until the government adopted new regulations to block child pornography.
Either way, the government’s action set off a furious debate. Some, arguing that the government has no business dictating what Indians watch online, accused the conservative Hindus who dominate India’s current government of imposing their morals on an entire nation. Others argued that the ubiquity of online pornography feeds an atmosphere of sexual permissiveness in ways that contribute to India’s epidemic of sex crimes against women.
Some experts on India’s regulation of the Internet said this appeared to be the largest number of websites the government had ever tried to block at one time. Nikhil Pahwa, editor and publisher of MediaNama, which monitors digital policy in India, said he feared that the Modi government was using pornography as “a ruse” to create a government-controlled web filter for India. “This one is a clear attempt by this government to control the Internet in India,” he said in an interview.
“It’s not just one incident. There are numerous battles, all linked to one another, for free speech and Internet freedom that are being fought in the country right now.”

Suhasini Raj contributed reporting.

@ The New York Times