India’s Right to Know under threat as social media giants bend to censorship

Last week Canadian Prime Minister Justin Trudeau shocked the world by claiming that Canadian resident and Sikh separatist leader Hardeep Singh Nijjar had been assassinated by Indian government agents in an act of foreign interference. For months after Nijjar’s death in June, Canadian Sikhs reported that they too were dealing with Indian government interference: the government of India was frequently ordering Facebook to take down their posts relating to Nijjar’s death. Prominent Sikh accounts and civilians alike found their posts blocked or unpublished due to “legal demands” coming directly from the government of Prime Minister Narendra Modi, in what may be the Indian government’s attempt to export its draconian censorship culture to discourse overseas.

All this has unfolded just ahead of the International Day for Universal Access to Information, which falls on 28 September. The Right to Know Day, as it is otherwise known, hails information access via the internet as a tool to protect human rights.

It is not the first time civilians - both within and outside of India - have faced obstacles on social media platforms for posting information or opinions that go against Modi’s carefully crafted narrative. Ultimately the Right to Know does not exist in Modi’s India and social media platforms like Facebook, X (formerly Twitter) and Instagram are part of the problem, kowtowing to Indian-government pressure to censor dissent.

Take the example of X CEO Elon Musk, whose proud defenses of free speech are undermined by his frequent capitulation to the demands of Indian government censors. He adopted a surprisingly meek tone when asked by the BBC about why X had blocked content relating to India: the Modi Question, a BBC documentary released earlier this year that exposes Modi’s complicity in episodes of massive anti-Muslim violence.

"The rules in India for what can appear on social media are quite strict, and we can't go beyond the laws of a country,” Musk told the BBC after X complied with Modi’s demand to delete all links to watch the film. “If we have a choice of either our people go to prison, or we comply with the laws, we'll comply with the laws."

“Quite strict” is putting it lightly. The Modi government’s censorship aims to remake India, transforming it from a secular democracy into a Hindu supremacist nation, one where religious minorities, specifically Muslims and Christians, are stripped of their basic human rights and reduced to second-class citizens. Any disapproval of Modi or his authoritarian goals is suppressed via the Information Technology Act, which forces social media platforms to “fact-check” all content posted about the government. These expansive powers – which Human Rights Watch cites as “enabling state surveillance” – allows the government to censor virtually any content it labels as “disinformation”, “objectionable” or “anti-national”.

The resulting crackdown on free speech has contributed to India’s top-5 ranking in the list of countries that submitted censorship requests to X in 2022. That same year, India also became the world leader in internet shutdowns, after blacking out web access a shocking 84 times. Over half of these incidents were imposed on Muslim-majority Kashmir, shortly after Modi stripped the region of its semi-autonomous status.

Censorship tightened its grip in response to mounting civil resistance in India. In the early months of 2020, as Delhi witnessed a surge in anti-Muslim violence, farmers rallied against unjust farm laws, and the government struggled to manage the Covid-19 crisis under Modi's leadership, X reported that the government made over 2,700 official requests for content removal. Content related to the protests led by Muslims against the discriminatory Citizenship Amendment Act was also subject to removal, and the accounts of activists were blocked. By the end of the year, nearly 10,000 tweets had been deleted. According to the Committee to Protect Journalists, most of these tweets were mere opinions on these events, satirical posts and expressions of solidarity with protesters.

Any attempts by journalists and activists to counter the pro-Modi propaganda circulated by mostly corporate-controlled media are labeled “anti-national” and met with consequences. In Kashmir, where human rights abuses by security forces are widespread, journalists who post content on rights violations can face detention under draconian anti-terror laws. Those who debunk Hindu supremacist propaganda, like prominent Muslim journalist Mohammad Zubair, arrested in 2022 over a 2018 tweet, have received notices from X claiming that their fact-checking posts violate Indian law.

Just days ago, the Jammu and Kashmir police reportedly claimed to have secured the direct cooperation of social media giants to access information on users engaged in spreading “anti-national sentiment” - an allegation often leveled by the regime against activists, journalists and everyday civilians who criticise the government or Hindu nationalism. Without access to secure private communications, information sharing in India will surely undergo a serious chilling effect.

All the while hate speech against minorities appears to be given a free pass in India. A prime example is within Modi’s own Bharatiya Janata Party (BJP), which is notorious for running an IT cell partially dedicated to harassing and threatening their critics with armies of online trolls. The IT cell also seeks to scare civilians into voting for the BJP by flooding Facebook, WhatsApp and X with fear-mongering propaganda against Muslims, often describing them as violent freeloaders.

Other Hindu extremists also rely on social media to promote and carry out violence, posting everything from slur-filled tweets to horrific videos of Muslims being violently attacked. Mainstream “news” personality Suresh Chavhanke, who consistently refers to Muslims as “terrorists”, once posted on X asking his hundreds of millions of followers if he should shoot a group of Muslims. A well-known Hindu militant accused of sparking deadly violence against Muslims, Monu Manesar, received a Gold Play Button from YouTube for running a massively popular channel that filmed and glorified cow vigilante attacks against Muslims.

Another influential Hindu militant, Bittu Bajrangi, uploaded hate speeches to social media that some have alleged played a direct role in triggering mass violence in Haryana state last month.

Posts offering firearms for sale in Hindu militant Facebook groups have gone untouched for an extensive period of time, while Facebook responded to activist concerns by claiming such posts didn’t violate any community policies. (Only after the Wall Street Journal inquired into the posts did Facebook finally take them down.)

The promotion of hateful content at the expense of marginalised voices across all these platforms is troubling to say the least. Facebook, X and other platforms are aiding in the death of free speech in India. Abetting these human rights abuses on such a massive scale is unacceptable. They should be protecting the right to freedom of information in India and wherever they operate, instead of helping foreign governments along in their spiral towards autocracy. They must learn from Facebook’s own role in the Rohingya genocide, following which victims in the USA and the UK took legal action against the social media firm, accusing it of failing to prevent incitement of violence.

It is long past time for social media companies to stand up to the censorship demands of the Modi regime and stand behind the Right to Know in India and elsewhere.

Rasheed Ahmed is the co-founder and Executive Director of the Indian American Muslim Council, the USA’s oldest and largest Indian Muslim diaspora organisation

Nominees for the 2023 Freedom of Expression Awards – Journalism

Bilan Media (Somalia)

Bilan Media is Somalia’s first women-only media organisation and newsroom, which aims to challenge gendered threats against women in journalism, as well as covering under-reported issues. 

It is incredibly dangerous to be a journalist in Somalia. In 2022, Somalia topped the Committee to Protect Journalists’ Global Impunity Index for the eighth year running. Journalists are a specific target of militant Islamist groups, especially Al Shabaab, and are regularly shot, imprisoned and physically harmed by the authorities and other powerful groups. Women face a range of other significant threats that prevent many from being able to work safely. In a society where women are marginalised and in a country where huge swathes of territory are controlled by groups linked to Al Qaeda and Islamic State, Bilan Media believed the only way female journalists can fight censorship and find a degree of freedom of expression was to set up the country’s only all-women media house. In addition to distributing their films and reports on Somali TV, radio and websites, they have established partnerships with international media outlets, such as The Guardian, BBC and El Pais.  

As a career for women in Somalia, journalism is considered to be “the bottom of the pile”. This perception shaped how Bilan approached the type of journalism they focused on. In order to reduce verbal and sexual harassment and the threat of physical attack, Bilan decided to work as “Mobile Journalists” where they use mobile phones and other small equipment for their reporting so they are less visible to a hostile public and could escape the scene quickly if needed. 

Bilan focuses on stories that are not represented in the broader media coverage in Somalia. These include stories about people living with HIV/AIDS, girls who have recently undergone Female Genital Mutilation (FGM); orphans who were abandoned when their orphanage closed due to the COVID-19 pandemic only to return with babies of their own after being raped or forced into temporary marriages; female opioid addicts; the mistreatment of people living with albinism; underage girls sold into marriage and young children forced into hard labour to earn money for their families.

Mohammed Zubair (India)

Mohammed Zubair, co-founder of AltNews. Photo: Mahesh Shantaram / www.thecontrarian.in

After co-founding the leading Indian fact-checking platform, Alt News, Mohammed Zubair faced significant threats after challenging mis/disinformation propagated by influential members of the ruling party.

Mohammed Zubair and others decided to found AltNews.in, a portal dedicated to busting fake news to address flaws in the Indian media ecosystem, such as overt political pressure on media outlets and opaque methods by which government funding was awarded to media outlets. Alt News’ goal was to dismantle propaganda networks in a manner that could be used by other publishers. Alt News’ approach focuses on political fact-checking to scrutinise claims made by political parties, leaders and other persons in positions of authority; debunking social media rumours; and examining media misinformation and bias.

Alt News aims to foster a stronger and more vibrant media environment by amplifying dissenting voices and creating barriers to prevent mis/disinformation from spreading. As a result, the outlet has faced considerable social, litigious and political pressure to halt their work. Using both his personal twitter account, as well as the outlet’s website, Mohammed Zubair and his colleagues have reported on inter-communal violence in India, the actions of vigilante groups, as well as the use of social media platforms to amplify hate speech. 

In June 2022, following a tweet exposing a national spokesperson of the BJP making hateful and Islamophobic utterances on national TV, Mohammed Zubair was arrested by the Delhi and Uttar Pradesh state police. Based on an earlier satirical tweet posted in 2018 and reported by another user, Zubair was charged with "promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc." and “deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs”. It has been reported that whenever Zubair was granted bail on one case another FIR (or First Information Report) would be lodged against him. This led to six FIRs being lodged against Zubair, resulting in him being caught in a 24 day cycle of arrest, bail and re-arrest. The following month, the Indian Supreme Court granted Zubair bail and ordered his release, as there was no justification for keeping him in custody.

Mortaza Behboudi (Afghanistan/France)

After being forced to leave Afghanistan in his youth due to previous threats as a result of his reporting, Mortaza Behboudi was detained by the Taliban’s General Directorate of Intelligence on 7 January 2023 in Kabul.

At the age of two Behboudi’s family fled Afghanistan to live in Isfahan in Iran. In his early twenties, As a result of his work, Behboudi received a number of death threats from the Taliban, which resulted in him having to leave the country for France. After learning French, he continued his work, helping to co-found Guiti News, the first refugee and French-led news media in France, for which he was coined one of Forbes 30 under 30 in the media category.
 
Since the Taliban takeover of Afghanistan, Behboudi had been travelling back to Afghanistan every month to work with different media outlets, such as Business Insider, France 2, TV5 Monde, France 24, Liberation, La Croix, and many more. Notable works include "They will not erase us, the Fight of the Afghan Women", which was produced in 2022 and broadcasted on Mediapart and Arte, and "Les petites filles afghanes vendues pour survivre" for France 2.
 
On 7 January 2023, members of the Taliban’s General Directorate of Intelligence (GDI) detained Behboudi in Kabul. According to CPJ, Behboudi was detained in the GDI’s headquarters in Kabul. On 6 February Taliban spokesperson Zabihullah Mujahid confirmed to Voice of America that Behboudi was detained by the GDI, saying that details of his case could not be made public “but he is fine and he was treated well.”

Contents – Modi’s India: The Age of Intolerance

Contents

The central theme of the Spring 2023 issue of Index is India under Prime Minister Narendra Modi.

After monitoring Modi’s rule since he was elected in 2014, Index decided to look deeper into the state of free expression inside the world’s largest democracy.

Index spoke to a number of journalists and authors from, or who live in, India; and discovered that on every marker of what a democracy should be, Modi’s India fails. The world is largely silent when it comes to Narendra Modi. Let’s change that.

Up Front

Can India survive more Modi?, by Jemimah Seinfeld: Nine years into his leadership the world has remained silent on Modi's failed democracy. It's time to turn up the temperature before it's too late.

The Index, by Mark Frary: The latest news from the free speech frontlines. Big impact elections, poignant words from the daughter of a jailed Tunisian opposition politician, and the potential US banning of Tik Tok.

Features

Cultural amnesia in Cairo, by Nick Hilden: Artists are under attack in the Egyptian capital where signs of revolution are scrubbed from the street.

‘Crimea has turned into a concentration camp’, by Nariman Dzhelal: Exclusive essay from the leader of the Crimean Tatars, introduced by Ukranian author Andrey Kurkov.

Fighting information termination, by Jo-Ann Mort: How the USA's abortion information wars are being fought online.

A race to the bottom, by Simeon Tegel: Corruption is corroding the once-democratic Peru as people take to the streets.

When comics came out, by Sara Century: The landscape of expression that gave way to a new era of queer comics, and why the censors are still fighting back.

In Iran women’s bodies are the battleground, by Kamin Mohammadi: The recent protests, growing up in the Shah's Iran where women were told to de-robe, and the terrible u-turn after.

Face to face with Iran’s authorities, by Ramita Navai: The award-winning war correspondent tells Index's Mark Frary about the time she was detained in Tehran, what the current protests mean and her Homeland cameo.

Scope for truth, by Kaya Genç: The Turkish novelist visits a media organisation built on dissenting voices, just weeks before devastating earthquakes hit his homeland.

Ukraine’s media battleground, by Emily Couch: Two powerful examples of how fraught reporting on this country under siege has become.

Storytime is dragged into the guns row, by Francis Clarke: Relaxed gun laws and the rise of LGBTQ+ sentiment is silencing minority communities in the USA.

Those we must not leave behind, by Martin Bright: As the UK government has failed in its task to rescue Afghans, Index's editor at large speaks to members of a new Index network aiming to help those whose lives are in imminent danger.

Special Report: Modi's India

Modi’s singular vision for India, by Salil Tripathi: India used to be a country for everyone. Now it's only for Hindus - and uncritical ones at that.

Blessed are the persecuted, by Hanan Zaffar: As Christians face an increasing number of attacks in India, the journalist speaks to people who have been targeted.

India’s Great Firewall, by Aishwarya Jagani: The vision of a 'digital India' has simply been a way for the authoritarian government to cement its control.

Stomping on India’s rights, by Marnie Duke: The members of the RSS are synonymous with Modi. Who are they, and why are they so controversial?

Bollywood’s Code Orange, by Debasish Roy Chowdhury: The Bollywood movie powerhouse has gone from being celebrated to being used as a tool for propaganda.

Bulldozing freedom, by Bilal Ahmad Pandow: Narendra Modi's rule in Jammu and Kashmir has seen buildings dismantled in line with people's broader rights.

Let’s talk about sex, by Mehk Chakraborty: In a country where sexual violence is abundant and sex education is taboo, the journalist explores the politics of pleasure in India.

Uncle is watching, by Anindita Ghose: The journalist and author shines a spotlight on the vigilantes in India who try to control women.

Comment

Keep calm and let Confucius Institutes carry on, by Kerry Brown: Banning Confucius Institutes will do nothing to stop Chinese soft power. It'll just cripple our ability to understand the country.

A papal precaution, by Robin Vose: Censorship on campus and taking lessons from the Catholic Church's doomed index of banned works.

The democratic federation stands strong, by Ruth Anderson: Putin's assault on freedoms continues but so too does the bravery of those fighting him.

Culture

Left behind and with no voice, by Lijia Zhang and Jemimah Steinfeld: China's children are told to keep quiet. The culture of silence goes right the way up.

Zimbabwe’s nervous condition, by Tsitsi Dangarembga: The Zimbabwean filmmaker and author tells Index's Katie Dancey-Downes about her home country's upcoming election, being arrested for a simple protest and her most liberating writing experience yet.

Statues within a plinth of their life, by Marc Nash: Can you imagine a world without statues? And what might fill those empty plinths? The London-based novelist talks to  Index's Francis Clarke about his new short story, which creates exactly that.

Crimea’s feared dawn chorus, by Martin Bright: A new play takes audiences inside the homes and families of Crimean Tatars as they are rounded up.

From hijacker to media mogul, Soe Myint: The activist and journalist on keeping hope alive in Myanmar.

India tightens grip on social media platforms

India is a globally important market for the social media platform Twitter. Even though in absolute numbers its 23 to 24 million users is small compared to the size of the population of what is now thought to be the world’s most populous country, it is believed to be the platform’s third biggest market after the US and Japan.

Recent events relating to India and Twitter should therefore be taken in context of the country’s importance for Twitter’s owner, Elon Musk.

Even before Musk’s takeover of Twitter in October 2022, Narendra Modi’s government has not been slow to ask the platform to remove content which it disagrees with.

India has been in the top five nations that have asked Twitter to remove content or block accounts for the past three years. In its July 2022 transparency report, Twitter said that 97% of the total global volume of legal demands for such removals in the last half of 2021 originated from five countries: Japan, Russia, South Korea, Turkey, and India.

You could argue that because Twitter has so many users in the country, this is inevitable. However, the US does not feature in this list despite being the biggest market.

The Indian government clearly has a problem with what its critics are saying on Twitter.

In line with the worsening situation for media freedom in the country, India frequently clamps down on what the media is able to say on Twitter. In the last half of 2021, India was the country making the highest number of legal demands relating to the accounts of verified journalists and news outlets, some 114 out of a total of 326 for the period, comfortably ahead of Turkey and Russia.

A new onslaught on what Indians are saying on Twitter may have opened up last week. On 6 April, an amendment to India’s Information Technology Act came into force which now requires social media platforms to fact-check any post relating to the Indian government’s business with the Press Information Bureau, a “fact-checking” unit that is part of the country’s Ministry of Information and Broadcasting.

The threat to social media platforms who do not comply with this is that they would then no longer be protected by the country’s safe harbour regulations under which they are currently not liable for what their users post.

The Indian digital liberties organisation Internet Freedom Foundation says it is “deeply concerned” by the amendments.

It said in a statement: “Assigning any unit of the government such arbitrary, overbroad powers to determine the authenticity of online content bypasses the principles of natural justice, thus making it an unconstitutional exercise. The notification of these amended rules cement the chilling effect on the fundamental right to speech and expression, particularly on news publishers, journalists, activists, etc.”

Twitter has long published details of how it handles requests from governments. In the event of a successful legal demand, such as a court order, Twitter follows these rules if it is required to delete individual tweets or an entire account. Typically these rules relate to a single country.

Under Musk’s ownership, these rules look as though they are changing.

Indian investigative journalist Saurav Das wrote recently about discovering that a number of his tweets had been removed and that they were not available worldwide. He told Scroll.In that  tweets relating to Union Home Minister Amit Shah had been removed worldwide, not just in India.

The tweets seem relatively benign, although Das says he cannot remember exactly the context around posting them.


Tweeting on 9 April in response Das said, “Can Twitter allow the Indian government to sit in judgement over content that it may deem fit for blocking in America, or any other country apart from India?”.

He added, “If this global restriction of content on behest of a country’s govt is ignored, this will open a whole new chapter of censorship and prove disastrous for free speech and expression.”

Twitter's actions seem to fly in the face of its stated policy - pre-Musk ownership - towards India. In 2021, Twitter said that it would only block content and accounts within India and said it would not do so for “news media entities, journalists, activists, and politicians”. That scope now appears to have changed.

I asked Twitter’s press team for a statement on the case and received an automated email containing just a poop emoji. This has been a common response from Twitter’s press email since Elon Musk’s takeover, when the press team was significantly reduced.

During Elon Musk’s surprise interview with the BBC this week, Musk was asked about the issue of censorship of social media in India in the wake of the country banning the BBC's documentary on Narendra Modi. Musk said: “The rules in India for what can appear on social media are quite strict, and we can’t go beyond the laws of a country…if we have a choice of either our people go to prison or we comply with the laws, we’ll comply with the laws.”

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