INTERNET CENSORSHIP IN INDIA: IS IT ACTING AGAINST FREEDOM OR IS IT SERVING FOR THE BETTERMENT OF THE COMMUNITY?

Abstract

To study the nature of internet censorship one has to understand the meaning of the word censorship which can be defined as the restrictions on publication and the presentation of books, plays, films etc to the public. Now when it is clubbed with the term “internet censorship” it is regarded as an act of control or suppression of the publishing or accessing of information on the Internet. It may be carried out by governments or by private organizations either at the behest of government or on their own initiative. 

The past few years have seen an explosion in Internet usage in India with approximately a tenth of the country’s population now considered active internet users. While the increased access to and use of online resources is undoubtedly beneficial to the country as a whole, there continue to remain numerous shortcomings ranging from lack of access in rural areas, skewed sex ratios of those accessing the Internet, and lack of adequate infrastructure, etc. There are also problems with the legal framework governing the Internet ecosystem in India that have captured public attention over the last two years, with the media focusing particularly on censorship. 

Indian law dealing with internet censorship is contained in various statutes of which the most important are the Information Technology Act, 2000 (IT Act) and the Indian Penal Code, 1860 (IPC). 

The IPC contains broad penal provisions that apply across media platforms while the IT Act applies specifically to computer systems. While some of the provisions contained in the IT Act have been declared unconstitutional the rest remain for the betterment of the society.