Understanding India’s Internet Censorship Regime: Laws, ISP Blocking, and Challenges in Internet Censorship Regime

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• Internet access in India depends on the Internet Service Provider (ISP), not just in terms of price and quality, but also which websites are accessible.
• ISPs block websites based on government and court orders, but implementation differs, leading to varying blocklists across providers.
• Under the Information Technology Act, 2000 (Sections 69A and 79), the government has the power to order such blocks.
• ISP licensing agreements require providers to comply with blocking orders, which are confidential and binding.

Internet Censorship in India

• Internet censorship refers to the control or suppression of what can be accessed, published, or viewed on the internet. 
• In India, it sits at the intersection of free speech, national security, public order, and digital governance.

Constitutional Basis

• Article 19(1)(a) guarantees freedom of speech and expression, which courts have extended to online speech.
• Article 19(2) permits reasonable restrictions on grounds of sovereignty, security of state, public order, decency, and morality.
• Internet shutdown or censorship must pass the test of reasonableness and proportionality.

Legal Framework

• Information Technology Act, 2000
  • Section 69A — Empowers the Central Government to block websites/content in the interest of sovereignty, security, public order, etc.
  • Section 66A (now struck down) — Criminalised “offensive” online speech; declared unconstitutional in Shreya Singhal v. Union of India (2015).
  • Section 79 — Safe harbour provision for intermediaries.
• IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
  • Mandates traceability of message originators (threatens end-to-end encryption).
  • Requires significant social media intermediaries to appoint Grievance Officers.
  • Controversial for placing heavy compliance burdens on platforms.
• Telecom Act, 2023
  • Replaces the Telegraph Act; consolidates powers related to telecom suspension, including internet services.

Types of Censorship Practiced in India

• Website Blocking — Blocking of URLs/domains by ISPs on government orders (e.g., pornographic sites, piracy sites, separatist content).
• Internet Shutdowns — Suspension of mobile/broadband internet in specific regions during unrest (e.g., Jammu & Kashmir, Manipur).
• Social Media Takedowns — Government directives to platforms to remove specific posts, accounts, or content.
• App Bans — Banning of Chinese apps (e.g., TikTok, PUBG Mobile) under Section 69A citing national security.

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How ISPs Block Websites: DNS and Protocols

• The Internet works through protocols like Hypertext Transfer Protocol (HTTP), Transport Layer Security (TLS), and Domain Name System (DNS) among others. ISPs can use any of these to block websites.
• DNS (Domain Name System) is the first step when accessing a website, converting domain names into IP addresses.
• ISPs often block websites at the DNS level using DNS poisoning, where incorrect addresses are returned instead of the real ones.
• As a result, users are redirected away from the actual website.
• Most Indian ISPs prefer DNS blocking because it is cheap and easy to implement without advanced inspection.

What the Data Shows: Inconsistent and Opaque Website Blocking

• Scale of the Study – Analysis of 294 million domains across six ISPs in 2025 found 43,083 blocked domains.
• Lack of Uniform Blocking – Only 1,414 domains were blocked by all six ISPs. ISPs do not block the same websites despite receiving similar orders. 
• Variation by Content Type – Majority of blocked sites include: Piracy, peer-to-peer sharing, pornography, and gambling. Blocking is inconsistent across ISPs for these categories.
• Higher Consistency in Sensitive Cases – Domains related to terrorism and militancy show higher blocking consistency. Some cases (e.g., Weibo, The Kashmir Walla) show uniform enforcement.
• Arbitrary and Uneven Implementation – ISPs engage in arbitrary blocking practices. Lack of standard guidelines leads to a haphazard blocking system.
• Issue of Opacity – The blocking system is non-transparent. There is a need for disclosure of blocked domains, except in sensitive cases.

Source: TH