Eavesdropping on the Freedom of Expression in India
Eavesdropping on the Freedom of Expression in India is a book chapter by Sunil Abraham, published in Free Speech and Censorship around the Globe, edited by Péter Molnár and released by Central European University Press in 2015. The chapter investigates how India’s expanding surveillance architecture, coupled with intermediary liability rules and censorship practices, creates a chilling effect on free speech and undermines citizens’ right to privacy in the digital environment. In this chapter, the author thanks Elonnai Hickok for her support in writing and background research.
Contents
Publication Details
- 👤 Author:
- Sunil Abraham
- 📘 In Book:
- Free Speech and Censorship around the Globe
- 📚 Editor:
- Péter Molnár
- 🏛️ Publisher:
- Central European University Press
- 📅 Year:
- 2015
- 🔢 ISBN:
- 978-963-386-056-4
- 📄 Pages:
- pp. 409–428
- 📘 Type:
- Book Chapter
- 📄 Access:
- Download PDF
Abstract
In this chapter, Sunil Abraham analyses the intertwined regimes of censorship, surveillance, and intermediary regulation that shape online freedom of expression in India. Drawing on empirical evidence from policy research, field studies, and legal analysis, he shows how government control over digital intermediaries—combined with opaque surveillance practices—undermines constitutional guarantees of free speech under Article 19.
The work reveals how rules such as the 2011 Intermediaries Guidelines and the Central Monitoring System transform digital networks into tools of control, where intermediaries act as private censors and citizens self-censor under the gaze of the state.
Context and Background
Abraham situates his argument in the post-2000 evolution of India’s Internet policy, focusing on the Information Technology Act and its subordinate rules.
He identifies three overlapping trends:
- The delegation of censorship to private intermediaries;
- The expansion of lawful interception powers without judicial oversight; and
- The normalisation of surveillance through policy rhetoric around security and cyber threats.
The chapter refers to landmark episodes such as the 2G spectrum leak, the National Technical Research Organisation’s unauthorised wiretapping, and the introduction of the Central Monitoring System. These incidents exemplify how regulatory frameworks initially designed for security have evolved into mechanisms for pervasive eavesdropping and control.
Key Themes or Arguments
- Intermediary liability as privatised censorship: The 2011 Intermediaries Guidelines Rules compel platforms to remove content within 36 hours of a complaint, creating a culture of over-compliance.
- Erosion of anonymity: Cyber café regulations, domain registration norms, and SIM card KYC rules collectively eliminate anonymous speech.
- Surveillance without safeguards: Both the Telegraph Act and the IT Act permit interception with limited procedural oversight, leading to extensive data collection and misuse.
- Lack of transparency: Neither government agencies nor corporations disclose the extent of surveillance; informal interception requests are routine.
- Chilling effects: Studies such as Rishabh Dara’s “Chilling Effects on Free Expression on the Internet” (2011) demonstrate that vague provisions lead intermediaries to censor legitimate speech.
- Judicial and policy dilution: Executive authorisation has replaced judicial checks, eroding procedural fairness.
- Technological authoritarianism: Programmes like NATGRID and the Central Monitoring System integrate databases and communication networks, enabling mass surveillance across platforms.
Together, these practices signal a structural shift where both state and corporate actors constrain digital freedoms, reducing the Internet’s democratic potential.
Full Text
Citation
If you wish to reference or cite this chapter, please use one of the following formats:
APA style:
Abraham, S. (2015).
Eavesdropping on the Freedom of Expression in India.
In P. Molnár (Ed.), Free Speech and Censorship around the Globe (pp. 409–428).
Central European University Press.
ISBN 978-963-386-056-4.
https://sunilabraham.in/publications/eavesdropping-on-the-freedom-of-expression-in-india/
BibTeX style
@incollection{abraham2015eavesdropping,
author = {Abraham, Sunil},
title = {Eavesdropping on the Freedom of Expression in India},
booktitle = {Free Speech and Censorship around the Globe},
editor = {Molnár, Péter},
publisher = {Central European University Press},
year = {2015},
pages = {409--428},
isbn = {978-963-386-056-4},
url = {https://sunilabraham.in/publications/eavesdropping-on-the-freedom-of-expression-in-india/}
}
MLA style
Abraham, Sunil. "Eavesdropping on the Freedom of Expression in India."
Free Speech and Censorship around the Globe, edited by Péter Molnár,
Central European University Press, 2015, pp. 409–428. ISBN 978-963-386-056-4.
https://sunilabraham.in/publications/eavesdropping-on-the-freedom-of-expression-in-india/
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