In the past few years, internet has become a source of asserting one’s identity across the world, and especially in India. The internet is no longer just a source of information, but an integral instrument of empowerment whereby every person- women, dalits, political dissents etc. to claim, speak, mourn and assert. I do not wish to romanticise the idea of internet in this piece being fully aware of the fact that internet in India is still an instrument of the privileged to some extent. What I intend to assert here, is that internet has provided a platform for self-expression which was earlier not available to people. Therefore, it is pertinent to be aware of and question the control of the state over this instrument called internet.
Cyberspace is defined by the National Cyber Security Policy as, “a complex environment consisting of interactions between people, software and services by worldwide distribution of information and communication technology (ICT) devices and network. It is claimed in the National Cyber Security Policy of 2013, that the growth of IT Sector in the country is premised on rapid social transformation and inclusive growth. Though this comment is made in the policy in terms of adequate trust and security in electronic transactions, it is not too far-fetched to imagine that the internet revolution in India has furthered inclusive growth and social transformation.[1]
An organization established by Web Inventor, Sir Tim Berners- Lee called World Wide Web Foundation has recently conducted a study on internet freedom and has placed India at 56th Rank. In this study, India scored a Web Index Score[2] of 32.4 with 28.6 for access, 22.6 for relevant content, 49.5 for freedom and openness and 31.2 for impact and empowerment.[3] The Google Executive Chairman Eric Schmidt has claimed in ‘Reimagining India: Unlocking The Potential of Asia's Next Superpower' that the chance that a country can avail in exposing deep rooted problems and its possible solution magnifies significantly with a freer internet system. The Google Executive Chairman has further claimed that transparent internet system can have a game-changing impact on governance. Schmidt rightly explains that though government censorship of free speech on internet is well intentioned in that it aims at preventing ethnic violence and maintain law and order, such policies may affect the broader national interest in grave ways. The possible solution, he suggests is to let the good speech overwhelm the bad speech, which is a tried and tested method in countries like US.[4]
This opinion of Schmidt particularly holds true in the circumstance where two girls were arrested for expressing their discontent on a social network site concerning the shutdown of Mumbai during a famous politician, Bal Thackrey’s, funeral.[5] The two girls were booked under section 295A of Indian Penal Code (“outraging religious beliefs of any class) and section 66A of the Information Technology Act (sending offensive messages through communication services). The Centre for Internet and Society (CIS) blamed both the police and the provision section 66A of IT Act for this outrageous incidence, since it violates the highly cherished freedom of speech and expression. The rule of law demands that law shall not be applied in an arbitrary manner. Therefore, CIS questioned how the police arrested the two girls when other citizens were making similar statements without facing arrest. Also, the provision under IT Act was found arbitrary since it declares certain kinds of activity (in the internet which cause annoyance) as illegal whereas the same speech becomes legal if published in newspapers.[6]
Internet Freedom in India
By Arpita Sarkar