Internet Censorship in India: Uneven ISP Blocking and Challenges Under IT Act

Internet access in India varies across ISPs due to non-uniform implementation of blocking orders, creating an uneven digital experience.

• India’s internet censorship regime is rooted in the Information Technology Act, 2000, particularly provisions such as Section 69A and Section 79  enabling government-directed blocking of online content.
• The system evolved to balance national security, public order, and digital governance needs with growing concerns over online content regulation

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Internet Service Providers (ISPs)

• ISPs are companies that provide users with access to the internet and control how online content is delivered and accessed.
• Legal Obligation: ISPs are required to comply with government and court blocking orders under the IT Act and licensing conditions.
• Role in Censorship: They implement website blocking using methods like DNS (Domain Name System) filtering, HTTP (HyperText Transfer Protocol) blocking, and SNI  (Server Name Indication)-based restrictions. 
• Non-Uniform Implementation: Different ISPs apply blocking orders differently, leading to variation in accessible content across networks.
• Arbitrary Practices: In the absence of standard guidelines, ISPs may engage in overblocking or selective enforcement

Legal Framework of India’s Internet Censorship

• Statutory Basis: Section 69A of the IT Act, 2000 empowers the government to block online content in the interest of sovereignty, security, and public order.
• Intermediary Liability: Section 79 of the IT Act provides safe harbour to intermediaries, conditional on complying with government directions, including blocking orders.
• Mandatory Compliance by ISPs: Licensing agreements require ISPs to block websites as directed by the government, making compliance legally binding.
• Confidential Blocking Orders: Blocking directions are generally confidential, limiting public awareness and accountability.
• Judicial Backing: In Shreya Singhal vs. Union of India(2015), the Supreme Court upheld Section 69A but mandated procedural safeguards like review and hearing.
• Other Legal Provisions: Blocking is also supported by laws like the Collection of Statistics Act amendments and IT Rules, strengthening enforcement mechanisms.

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Key Issues in India’s Internet Censorship Regime

• Inconsistent Enforcement: The same website may be blocked on one ISP but accessible on another due to uneven implementation.
• Lack of Transparency: Blocking orders are confidential, leaving users and website owners unaware of reasons or scope of restrictions.
• Arbitrary Blocking: ISPs follow different technical methods and standards, leading to overblocking or selective enforcement.
• Weak Accountability: Despite safeguards in Shreya Singhal vs. Union of India, review mechanisms and grievance redressal remain ineffective in practice.

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