South Asia Jurist Volume 03 | Page 5

Limits on Net Freedoms Across South Asia

The internet censorship in South Asia has not been limited based on religious or moral concerns, but has been used to silence political dissent. While political dissidents have found a powerful new tool to document the government’s abuses and broadcast them to the world in the internet, governments are finding new ways to target both the users and their websites.

In the ongoing remnants of Sri Lanka’s civil war, the country’s leadership has banned several Tamil websites and banned five news sites based on claims of “character assassination,” of political figures[9] These policies are indicative of a state that is attempting to silence online dissent through censorship. Similarly in Pakistan, the government has banned websites like BalochHal for reporting on the alleged atrocities being carried out by the Pakistani military against the Baloch people.[10]

The government has gone beyond banning access to websites, and have attempted to criminally prosecute bloggers and net activists that criticize the government. In Maldives, four bloggers were arrested for voicing their dissent online against the government’s policies.[11] In Bhutan, a political satire site called Bhutanomics was prohibited. [12]

While citizens have used the internet for the purposes of entertainment, education, and socializing, criminals have also embraced technological advancements. From using Skype, WhatsApp, and other online communication tools, terrorists have been able to plan attacks against innocent civilians in almost every South Asian country. However, the response from various governments has become over expansive.

Though most South Asian countries have constitutional protections that require state officials to seek a warrant or prove probable cause before infringing on a citizens’ right to privacy for an investigation, these have been carelessly set aside by states in order to deal with domestic and international terrorism. Many of these classical rights that protected citizens from unlawful intrusion into their home or correspondences have not been modernized to cover electronic communications. As such, countries have embraced an increasingly heavy-handed approach that disregards rights to privacy, free speech, and information.

Many South Asian countries have adopted a form of the “Patriot Act,” from the U.S., which allowed the government to conduct warrantless electronic surveillance of terrorist suspects. The current ruling administration in Pakistan has introduced a set of ordinances and laws that allow for the government to conduct electronic surveillance, and convict suspected terrorists based solely on electronic admission.[13] Similarly, India produced the Prevention of Terrorism Act that allowed judges to convict suspects based on electronic taps and information.[14]

Feature Article

By Waris Husain

Political Censorship

Surveillance and the War on Terror